US Tourist Visa Applications For Thai Fiancees - Misrepresentation Issues

The US visa process can be cumbersome andmisrepresentation could lead to penalties, but such a
confusing. The following article explores the issuesfinding could have a highly negative impact upon the
associated with obtaining a US tourist visa for a Thaiapplicant's chances of ever obtaining a US visa in the
loved one.future as fraud and misrepresentation is considered a
There are many people of all nationalities andlegal grounds of inadmissibility to the USA that would
backgrounds who submit applications for Americanlikely only be remedied upon the approval of an I-601
tourist visas at the United States Embassy in thewaiver.
Kingdom of Thailand. Even though such applicationsAlthough, the DS-156 form that is utilized in applying for
are somewhat common, more and more they arean American tourist visa does not pose the question:
being subject to denial pursuant to section 214(b) of"do you have an American boyfriend/girlfriend?"
the US Immigration and Nationality Act. This ruleInstead the forms asks:
requires Consular Officers to make a presumption that"Are Any of The Following Persons in The U.S., or Do
the tourist visa applicant is actually an undisclosedThey Have U.S. Legal Permanent Residence or U.S.
immigrant unless the visa applicant can show strongCitizenship? Mark YES or NO and indicate that
evidence that contradicts and thereby rebuts thisperson's status in the U.S. (i.e., U.S. legal permanent
presumption. Section 214(b) therefore creates aresident, U.S. citizen, visiting, studying, working, etc.)"
"strong ties" vs. "weak ties" analysis whichThe form then allows the applicant to note family
necessitates that the applicant show "strong ties" torelationships, including "fiance/fiancee." The reason for
their country of origin, or another country outside of thethis discussion is due to the fact that the remainder of
United States of America, and also "weak ties" to thethe form's questions can be answered relatively easily.
US. This can be a very problematic provision especiallyAs an example, one can say with relative certainty
for those Americans who wish to bring a Thaiwhether they have a US Citizen husband or wife, but
significant other back to the US for a temporary stay."fiance" is another, more opaque, matter. Defining the
The existence of an American Citizen boyfriend orterm "fiance" can be problematic as romantic
girlfriend can be very detrimental for a Thai National'srelationships, before marriage, are fairly fluid from a
B-2 visa application (or any non-immigrant visalegal perspective. It is this author's belief that if the
application for that matter including the F-1 visa, J-1 visa,applicant has a romantic relationship with an American
B-1 visa, etc). The detriment arises from the fact thatCitizen, then this fact ought to be disclosed to the
the applicant has a relationship with an American andConsular Officer either in writing or during the visa
therefore could be construed to have a "strong tie" tointerview, but if there is any possibility that marriage
the USA. There are some Thai-American couplesand adjustment of status may be a possibility, then it
who try to avoid this issue by simply "not mentioning"would be better to forgo an attempt at obtaining a
the existence of a romantic relationship with a UStourist visa, as this is not really the proper visa, and
Citizen. This is not a wise course of action, in thissubmit a petition for a United States fiance visa.
author's opinion, because any misrepresentation, evenWhatever the factual situation, the existence of a
misrepresentation by omission, is unethical and could be"fiance/fiancee" ought to be disclosed as a failure to
viewed by State Department personnel as an attemptdo so would likely be construed as a misrepresentation
to defraud the American government. For anof a material fact if, in fact, the couple plans to
American Citizen, a finding of fraud andeventually get married.