United States statutes regarding visa obtainment can be quite convoluted. American Immigration law can be a very dense specialty because many different government agency regulations have an impact upon the American Visa obtainment process.
Thailand is not only home to some of the most exquisite weather, beaches, jungles, and scenery. The Kingdom also boasts some of the World’s most physically striking women. Add to this the fact that the Thai people are some of the most hospitable people in the world and the weary traveler is left with an environment that comes as close to a “Garden of Eden,” as one could find. Many Americans find true love in Thailand. As a result, the US Citizen needs to obtain a visa for their new found loved one. This piece is written in order to discourage the use of improper travel documents for US Immigration.
The J1 visa is intended for exchange visitors traveling to the United States of America. J1’s help facilitate interaction between US Citizens and people from abroad. Some Thai-US couples seek the J-1 visa for the Thai fiancee in order to get around the relatively longer waiting period of the K1 visa. Even though this approach may appear rational from a distance, the implications could be harmful.” The reason it is inadvisable to utilize a J-1 visa as a fiance visa for a Thai-American couple is due to the fact that Immigration fraud issues may arise when a Thai or American lies about their intentions with regard to entering the USA.
A further concern is something known as the Foreign Residency Requirement. In many J-1 visa programs, it is required that a J-1 visa recipient spend at least two years outside of the United States after they have finished their J-1 visa exchange program. The policy intention undergirding the Foreign Residence Requirement is based, in part, on the contention that aliens who are given specialized training at government expense, should disseminate that information in the alien’s home country in order to facilitate cultural exchange. To act in any other manner would negate the reason for original visa issuance. Although, a waiver of the requirement of foreign residence could be obtained, but these type of waivers are rarely issued by USCIS. That being said, it may be imprudent to bring a Thai loved one to the United States on a J-1 visa if a Foreign Residence Requirement will later be imposed.
To find out more on this and other topics, please see: US Visa Thailand
The information imparted within this piece should not be considered individualized legal advice, in order to receive personalized legal advice, contact an attorney. No Attorney-Client relationship is created by reading this article.)