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to disclose or not?


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Ok I've been snared by this thai girl. She checks out ok. Not a sheltered upper crust society girl but not a career BG schemer either. Pretty typical of a low caste (not low class) non college educated girl. She's had a string of various nothing jobs and did a stint as a bar girl till her mother found out and beat the shit out of her or sense into her depending on your point of view. This is my question. In applying for the US visa should we omit her go go experience to avoid hassle or be upfront and honest. The visa guidelines state that she would automatically be ineligable for the visa having worked or profited by engaging in acts of "moral turpitude". I read that this is just policy and a waiver should be obtainable. Or should we as mentioned before leave that episode off of her work history and avoid any complications. How much checking does the consulate do regarding the girl's background and what kind of channels are available to them? What sort of records or information is generated when a girl works in a go go bar? crazy.gif" border="0

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grahluk --

I'll offer my satangs here.. First, about disclosing the BG past.. one word here, NO

You are correct, in that you'll get an automatic reject and it will be damn hard to overcome that later on..

Secondly, what type of checking does the embassy do? Limited (from my experience). The point here is that THEY don't have to prove YOU to be false, YOU have to prove that you're legit to THEM.. In other words, guilty until proven innocent..

This stems from the basis of the INA (Immigration & Naturalization Act) which assumes that all persons attempting to enter america are doing so for immigration (read= to move permanently) purposes and do not intend to return to their original countries. It is up to YOU to prove this statement wrong. Unfortunately, visas issued to Thais are overstayed so frequently that the embassy looks at all the applications with a very critical eye..

Another issue is that the embasy staff lives in Bangkok also.. What does that mean?? It means that they all know the "score".. They know that the probability is very high that a single, young thai girl, with no real educational past, unverifiable jobs, little or no bank assets, no house or other real property is a serious "over-stay" risk and (may have) been in the "scene" at some point..

these are all things that YOU have to overcome, the embassy staff does not have to prove them to you.

Good luck, read up on others experiences, and prepare well.

--UPSer

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PS: Don't want to be a downer, but don't want someone to have a false illusion of the process.

[ December 20, 2001: Message edited by: UPSer ]

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I agree with UPSer 100%. Getting someone to the states on a B2 visa is damn hard, especially with the circumstances your friend has. On the other hand, if you wanted to make this arrangement permanent, the K-1 is generally a piece of cake, assuming all the paperwork is in order. Good luck to you.

HSTEACH

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Thanks guys. K1 was the route to be taken. It seems the only one likely to apply in this situation. I recently read on a newsgroup about a couple who had their application denied because in their submission of evidence to show prior relationship they had an email that made reference to her having worked in a bar. They asked her about it and she admitted it. Visa denied. The fellow is beside himself with frustration and is trying to work any angle to get out of this jam. Since I haven't put myself into that situation I just wanted to check and see if anyone has done a visa and if a BG past is a pardonable transgression. Doesn't sound like it. The embassy staff have got to be sort of turning a blind eye unless there is some sort of incriminating evidence in front of them. For all the K1 and marriage visas that pass through they must know a good portion of the applicants worked in or around the bar scene at one time or another. I'm sure they know the score but according to our laws they probably can't deny you purely on suspicion without evidence. It's like trying to bring a pipe into the states. Nothing wrong or illegal with that. Try bringing a pipe caked with the resin of an illegal substance and it's a different story. No matter how you try and explain it you just made your life a bit more complicated. Thanks for the advice I'll be sure to present a clean pipe only. laugh.gif" border="0

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grahluk --

The K-1 is an excellent option.. it does take substantially longer to complete (as it involves filing of papers in the US, and such forth) but is "more or less" a paperwork issue than anything else... The trick to a successful K-1 is simply FOLLOW DIRECTIONS EXACTLY as written and provide documentation for everything you write...

HOWEVER, remember that ANY disclosure (even a little bit) of questionable acts of "moral turpitude" will disqualify her as well..

The "up-side" to a K-1 is that you don't have to prove any "will she will return to BKK" issues.. the "down-side" is the costs and the longer processing/application time involved..

One last thing.. this is me personally, but.. the purpose of the K-1 is to give you and your GF a legal and legitimate opportunity to make a life together in the US.. think hard before you leap.. it is a big deal to both you and her.

--good luck

--UPSer

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Old hippie --

In theory, you should be able to apply for another K-1 should the first one "not pan out".. however, I'm sure that the feds are keeping track (you DO have to disclose the # of previous applications made) of how many times you apply for K-1's... Also, I higghly doubt that thay will permit a SECOND K-1 for the same girl.. Since the first time you had to prove your "intentions to marry within 90 days" the feds may very well say "you have no intention to marry within the 90 day period based on your prior applications"...

--UPSer

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PS: I know of only a few people who have done multiple K-1's but they were always for different girls.. never the same one a second time.

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If you do go the K-1 route and it does not work out, as long as the first marriage has been legally dissolved, getting another K-1 should not prove a problem. I would however suggest a reasonable bit of time between the 2 applications. Divorce is a fact of life. Look at the divorce rate in the states. There's nothing in the US Code which prevents you from trying more than once via the K-1 route. As long as the second application is legit, and a true relationship can be established, there shouldn't be a problem doing it again.

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If I understand it correctly, then a Tourist visa is granted, and she does go home in time, then another visa may be easier to obtain the next time? So my question is, if that is the case, then if a K-1 (fiance) visa is issued, and she goes home, is there any chance she can get a tourist visa the next time around? as she has demonstrated a willingness to follow the rules.

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If she was issued a K-1 and returned to Thailand with the K-1 not working out, she would be issued a B2 only if she could prove an overwhelming reason to return to Thailand. That proof being job, money tied to Thailand, family in Thailand, etc. Without these assurances, the visa would be denied.

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