The couple wants to spend half time in the U.S. and half time in Thailand.

Question

I am wanting to obtain a B2 visitor’s visa for my Thai wife of 90 days. We have been married for a year last February. I have lived in Thailand with her for part of this time and now am in the U.S. and trying to apply for a B2 so she can see and meet my family etc., and also tour a bit with me until we go back to Thailand. She is not working now but has a large extended family and home in Thailand. Would it be hard for her to get a tourist visa being legally married to me? Thank you.

---

Answer

Craig,

thank you for your inquiry. If you like we can assist in applying for a B-Visa for Visitors. The purpose of the B visa is to allow foreigners to come to the U.S. to spend money on our economy, and then to depart the U.S. when the visit comes to an end.

Are you aware the chances of success are not good, in part due to your marriage? If there is a significant risk she will overstay her welcome in the U.S. then she will not be issued a B visa in all likelihood. Even if she is able to obtain one, she can lose it. A B visa can be taken away when crossing into the U.S. by a border agent. Border agents have independent jurisdiction to decide whether to allow her entry to the U.S. If her entry is prevented, the B visa will be canceled.

You could obtain a Green Card for her based on your marriage. She can keep her green card and eventually apply for U.S. citizenship if you like, provided that she spends more than 50 % of her time in the U.S. Once she has her U.S. citizenship, she does not need to spend any time in the U.S. in order to keep her U.S. citizenship.

You are welcome to contact me if you like to discuss further.