Moving To Us With Thai Wife

[DROCK]

Hi guys, looking for a little help. My Thai wife and I may be returning to the US to live and work. We have been married almost 3 years. We were married in front of a judge in NY, then with a priest at our wedding in Bangkok and water blessing ceremony, so we are legally married in the eyes of the US and Thailand. We have never lived in the US, only living in Thailand directly after getting married.

My wife currently has a 10 year tourist visa and her passport remains in her Thai last name, but under our marriage license she uses my last name. My question(s) are, if we were to move to the US, does anyone know the process for my wife to:

1. Be legal to live and work in the US

2. Passport name change - should it be done in the US or Thailand?

3. What do we change her tourist visa to?

4. How do we get her a US social security number?

In short, I would like to get my ducks in a row before trying to enter US. Any help you can provide is greatly appreciated.

[mania]

This is what I know as my Thai wife and I live in the US 

1) Yes she will need a work permit and social security number Both the US will issue very quickly as they like the extra income from taxing her. 

2) Passport should be changed in Thailand as it is the only way to do it. Also remember to change the last name on her Thai ID card too. 

3) This has possibility but I believe the standard route is the K3 because you are already married. It may be quicker if you have lived in Thailand at least 3 years I believe? Then it can be processed from Thailand side. Otherwise a K3 is still running over a year I believe same as a K1  As a side note you have a tourist visa so you could go to the US with no intent to immigrate

But if after getting there for some reason you change your mind you can in fact do an adjustment of status and just stay there. AOS also takes a year roughly and costs 500 more again roughly but you are in the US. Remember that route is legal only if you had no prior intent to do so. If you state you did it purposely then it is visa fraud.  

4) As I said in number one no worries it is easy to apply for and when she gets the work permit then the SS is easy to get. If I remember right my wife had both in just a few weeks time.  Good Luck

Edited September 10, 2010 by mania

[Gumballl]

Your wife needs to apply for a K-3 visa, which then leads to Permanent Residency (PR) status (for those married 2+ years), and this typically is done prior to entering the US. Consult with the American Consular Services (ACS) at the US Embassy in Bangkok, or equivalent at the US Consulate in Chiang Mai.

As for her surname, the one in her Thai Passport should match that of the Tourist Visa she has been issued. I would not recommend that she changes her passport until she applies for the K-3. Note the processing time for a K-3 visa can last 1+ years, unless you are lucky.

When completing the application for the K-3, whichever surname is used for the application should (eventually) match that of her passport. So if you apply for the K-3 with your surname, then go to the (Thai) Ministry of Foreign Affairs to amend her passport with the same surname.

If you and your wife decide to forgo the K-3 process, and return to the US, consult with an immigration lawyer if it is possible to apply for the K-3 or PR stateside. As for the passport name change, this can be done at the Thai Embassy in Wash, DC or at any of the Thai Consulates... and it can be done via snail-mail (... the Embassy just ends up sending it to Thailand to the Ministry of Foreign Affairs).

P.S. I'm not an immigration lawyer; only a person with experience in getting my wife stateside. If you need to consult with an immigration lawyer, I know a good one in the NYC area.

Edited September 10, 2010 by Gumballl

[DROCK]

Mania, thank you so much. Very much appreciated.

[DROCK]

Gumball, thanks a bunch. We are planning to visit family for the holidays, but may want to just make the move (especially if all the political play starts up again here). Once we discuss a little more, I would very much appreciate the contact info of the immigration lawyer in NYC. Again, thank you for your comments.

[gosompoi]

Stolen from the US Embassy Bangkok website ( http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html )

General Information

All persons who plan to travel to the United States to establish permanent residency must obtain an immigrant visa prior to entering the U.S. In general, in order to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen or LPR relative(s) or by a prospective employer.

Please consult the menu on the left-hand side of this page for more information about immigrant visas. Comprehensive information about immigrant visas can be found on the Department of State's travel website.

Days and Hours of Operation

The Immigrant Visa Unit is open between 7:00am-4:00pm Mondays–Fridays by appointment only. The Immigrant Visa Unit interviews immigrant visa applicants in Bangkok once their approved petitions have arrived from the National Visa Center and the Packet 3 has been returned to the Embassy. Immigrant Visa interviews in Bangkok are by appointment only. Please see the Immigrant Visa Process section for more about the interview process.

How to Apply

You cannot begin an application for an immigrant visa at U.S. Embassy Bangkok. The process for all immigrant visas, other than the Diversity Visa Lottery process, begins with the Department of Homeland Security (DHS) in the U.S. or, in limited cases when the petitioner resides in Thailand, with the DHS office in Bangkok. The family member or employer in the U.S. must begin the process by filing an I-130 petition or I-129F fiancée petition with the DHS office with jurisdiction over their place of residence. More visa information for immigrants is available on the Department of State's travel website.

The Diversity Visa Program provides a certain number of permanent resident visas annually. These visas are drawn from countries with low rates of immigration to the United States.

[craigt3365]

Gumball, thanks a bunch. We are planning to visit family for the holidays, but may want to just make the move (especially if all the political play starts up again here). Once we discuss a little more, I would very much appreciate the contact info of the immigration lawyer in NYC. Again, thank you for your comments.

No lawyer needed. Save your money, but you will have to do the research yourself. Easy to do, though. checkout:

www.visajourney.com

also, this forum is a great place for advise. After she is a US citizen (something that can easily be done in about 3 years, as long as you are living there...), get her a US passport. But keep her Thai passport. My wife has both and they are in her married name. Works out great for traveling!

I went through this whole process. A bit frustrating at times, but hang in there! Many people are here to help you....

[DROCK]

Craig, thank you very much for your help. I am finding that site very useful. Cant thank you enough for being so kind.

[craigt3365]

My pleasure! If you get frustrated, come back here for some support...or to visajourney.com. Many people are ready to help you. Best of luck!

[neuf]

Your wife needs to apply for a K-3 visa, which then leads to Permanent Residency (PR) status (for those married 2+ years), and this typically is done prior to entering the US. Consult with the American Consular Services (ACS) at the US Embassy in Bangkok, or equivalent at the US Consulate in Chiang Mai.

As for her surname, the one in her Thai Passport should match that of the Tourist Visa she has been issued. I would not recommend that she changes her passport until she applies for the K-3. Note the processing time for a K-3 visa can last 1+ years, unless you are lucky.

When completing the application for the K-3, whichever surname is used for the application should (eventually) match that of her passport. So if you apply for the K-3 with your surname, then go to the (Thai) Ministry of Foreign Affairs to amend her passport with the same surname.

If you and your wife decide to forgo the K-3 process, and return to the US, consult with an immigration lawyer if it is possible to apply for the K-3 or PR stateside. As for the passport name change, this can be done at the Thai Embassy in Wash, DC or at any of the Thai Consulates... and it can be done via snail-mail (... the Embassy just ends up sending it to Thailand to the Ministry of Foreign Affairs).

P.S. I'm not an immigration lawyer; only a person with experience in getting my wife stateside. If you need to consult with an immigration lawyer, I know a good one in the NYC area.

This is misleading. A K-3 visa is technically a government sanctioned abuse of the fiancé visa process, to work around very long immigrant visa waiting times (this isn't so true anymore, and the fewer hassles in dealing with stuff once you finally get in, see http://www.thaivisa....ost&pid=3808327). This means that when she enters the US with a K-3 visa she'll need to, within 90 days I think, apply for Adjustment of Status (I-485) to convert to full permanent resident status; when she enters she'll be in this in-between state of nonimmigrant and immigrant intent.

Don't try to abuse your tourist visa and then "magically" figure out that she wants to live in the US after she arrives -- yes, people have gotten this through DHS/INS, but it starts on a shaky premisis.

If you're lucky enough to have lived in TH for over 6 months (i.e. having a non-immigrant O/non-immigrant B visa in your passport) then you can file all paperwork with the DHS branch in Bangkok, see http://bangkok.usemb...sa-process.html (feel free to send an email, generally takes them one to two days to get back but they are courteous and very informative.) And, if you're eligible to file directly in Bangkok, you could easily have the visa in-hand in 2 months or so.

Edited September 11, 2010 by neuf

[craigt3365]

My wife entered on a K-1 fiance visa...she also had to do the I-485 route. No biggie.

DO NOT enter on a tourist visa and then try and stay. Big trouble. Do not do it! They really frown on people who abuse the tourist visa and then try and extend. You might get away with it, but you will need a lawyer for sure. If you go the K-3 route, you won't need a lawyer. Visajourney.com lays everything out for you, every form you need, how to fill it in, what supporting docs are required, processing times, etc. Fantastic site, as you have found out.

My wife did change her name during this process. I believe it was just after we got into the US, just after we got married (within the first 90 days). It was no biggie. That way she got her social security card in her married name, and then got her passport in her married name. The reason we changed her Thai passport was for air ticket purchases. I made a mistake one time and she almost did not get on the plane (used her maiden name and her passport was in her married name). Also, less confusion when using 2 passports traveling to and from Thailand...

As mentioned above, I am not an immigration attorney either...just offering what help I can. There are a few immigration attorneys that follow the visajourney.com threads...and they do offer free advise.

Best of luck!!!!!!!!!