QUESTION

I am lost, get conflicting answers. Just want to know the truth.

Asked on Jun 19th, 2020 on Immigration - Alabama
More details to this question:
I married a thai woman in 2015. We married through the Thai govt. to make it legal. We were married in Thailand. She has never been outside Thailand. I want to bring her here for a vacation here. She has 2 children, a road construction business, a home, and property in Thailand. She doesn't wish to live in the USA, but it would be nice to let her come here and experience as a tourist. To show here my country, let her experience a new world outside of Thailand. But I am told not to apply for a tourist visa it will be denied because we are married. That I am supposed to take the longer more expensive route of a marriage visa. Which one should I get, how do I start, Who do I see? I can't figure any of it out. I get prices from 2000 to 10,000 dollars for a marriage visa.
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1 ANSWER

Tax Controversy Attorney serving Columbus, OH at Porter Law Office, LLC
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If your spouse does not wish to permanently reside in the U.S., then a marriage visa is not the path you want to take. The marriage visa, called an immigrant visa, would actually lead to her obtaining lawful permanent residency in the U.S. It is an immigrant visa meaning it is permanent. There is no non-immigrant marriage visa for spouses of U.S. citizens.  That said, the foreign affairs manual ("FAM") does provide a path for a spouse to obtain a visitor visa (B-2). Here is the provision:  9 FAM 402.2-4(B)(4)  (U) Spouse or Child of U.S. Citizen or Resident Alien (CT:VISA-778;   05-13-2019) (U) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien may be classified as a nonimmigrant B-2 visitor if the purpose of  travel is to accompany or follow to join the spouse or parent for a temporary visit. In the event your spouse wants to obtain lawful permanent residency, you can start the process by filing for her on Form I-130. She will have to apply for a visa through the embassy. If you have questions, do not hesitate to contact us: https://porter-law.com/contact/ Please consult the appropriate professional to request an analysis of any immigration issues discussed in or implicated by this communication, or to assess the advisability. The information provided on this communication is of a general nature and may not apply to any specific case or particular circumstance. It is not to be construed as legal advice nor presumed to be up to date.  
Answered on Jun 22nd, 2020 at 6:55 AM

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