Reccomendation For Visa To The Us?

[mrt273nva]

My Thai wife is going to have my child in the next couple of weeks and then we are bound for the US. I am legally married to her in Thailand but have not registered the marriage with the US embassy. Once she has my child she will then be a mother and a wife of a US citizen. What would be the easiest visa for her to get? Once the child is born I am going to start the process but it would be great if someone could point me in the best direction.

Thanks.

[lopburi3]

She is your wife if you have registered your marriage in Thailand. There is no registration required at the US Embassy. The child will have to be registered however and US passport obtained.

Your wife will have to go through the normal immigrant visa process as your wife which requires extensive bio data from both her and you. If you have been working here for the last year you may be able to use the local immigration office for processing but if not it will have to be done in your home area of the US (you can do from here) and wait can be many months (but don't have current information). If you post again telling more, and home area of the US, am sure others can provide more specific information.

[mrt273nva]

i have been working here for about 2 years now. she hasn't been working. i live in the Surathani province. i'm from Nevada if that has anything to do with it...

[SoCal]

You should check if you are eligible to file form I-130 petition for alien relative.

This process is generally faster.

Sorry I don't know more about the process in BKK, but you can always consult the embassy website.

[SoCal]

Here you go from the BKK embassy site. You want to contact DHS in BKK as a resident. You can contact them for further details, but it is the faster route if you qualify. In Vietnam takes about 3 months.

1. THE FIRST STEP - THE DEPARTMENT OF HOMELAND SECURITY

The process of applying for all categories of immigrant visas begins with the Department of Homeland Security (DHS). In most cases, this consists of filing a petition with the DHS office having jurisdiction over the petitioner's place of residence in the United States. The petitioner should contact the appropriate DHS office using the Government Pages of the local telephone directory or by going to the USCIS website. If the petitioner resides in the United States, the processing time varies depending on the service center where the petition is pending. In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the DHS office in Bangkok. The general inquiry email box for DHS Bangkok is [email protected]. Many DHS forms are available at:

http://uscis.gov/graphics/formsfee/index.htm

[mrt273nva]

Here you go from the BKK embassy site. You want to contact DHS in BKK as a resident. You can contact them for further details, but it is the faster route if you qualify. In Vietnam takes about 3 months.

1. THE FIRST STEP - THE DEPARTMENT OF HOMELAND SECURITY

The process of applying for all categories of immigrant visas begins with the Department of Homeland Security (DHS). In most cases, this consists of filing a petition with the DHS office having jurisdiction over the petitioner's place of residence in the United States. The petitioner should contact the appropriate DHS office using the Government Pages of the local telephone directory or by going to the USCIS website. If the petitioner resides in the United States, the processing time varies depending on the service center where the petition is pending. In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the DHS office in Bangkok. The general inquiry email box for DHS Bangkok is [email protected]. Many DHS forms are available at:

http://uscis.gov/graphics/formsfee/index.htm

thank you so much for this reply. it will do wonders for my first hurdle. cheers.

[Spacer]

If you are planning on coming back to thailand to work/stay you are better off getting a ten year multiple entry tourist visa for your wife. Takes a day in BKK for the interview and a couple of days for them to mail the visa to you. Much easier and faster if you dont plan on staying in the states.

[mrt273nva]

If you are planning on coming back to thailand to work/stay you are better off getting a ten year multiple entry tourist visa for your wife. Takes a day in BKK for the interview and a couple of days for them to mail the visa to you. Much easier and faster if you dont plan on staying in the states.

this is the first i've heard of this one. what is involved? do you know the name of any forms?

[SoCal]

Length of visa is up to the consulate staff reviewing your case. I know of no special paperwork, or place in the standard paperwork that you can request this.

Believe a 10yr is usually only granted after some track record of going and returning. Not saying they won't grant on first application, just that I think they generally want to see a record of them returning.

My wife just got her first tourist visa, and they gave her a 1yr multi-entry, even though they could have given her 6 month single entry, not approved, or any other concoction.

Granting visas and length are discretionary on the consulate staff.

[jstumbo]

this is the first i've heard of this one. what is involved? do you know the name of any forms?

This is just a normal tourist visa. In order to grant it, they would probably want you to be married for a while and also they would need to see some type of documentation that shows that you are working in Thailand and have setup your residence here.

Your wife would need to prove that she would return. If they only way she can do that is because she is married to you then you need to show why you would be returning to Thailand and that the marriage is a real marriage, ie. if you got married last week, they would not grant it in my opinion.

Any hint that she plans to remain in the US and she will be denied. Also, if she goes to the US and stays then she would be deported and banned. This is the option for those living in Thailand that just want to take their wife to see the US for a couple of months a year. It is not for immigrating to the the US. If you all plan on moving back to the US, then you should try the I-130 route at the DHS office in BKK.

Having a US citizen child will not help her with a visa at this point. I believe the child has to be 18 to sponsor a parent. This stops people from having "anchor" babies and remaining in the US. She would be able to get a visa by being married to a US citizen though.

[gunnyd]

Sounds like this falls under the K-3 visa status. The K-3 is a Non-immigrant visa specifically for spouses of US citizens who married while outside the United States. Because it is Non-immigrant it will be processed faster than a straight I-130 application. Info here: http://travel.state.gov/visa/immigrants/ty...types_1315.html

It is considered an "Immediate Release" visa. That cuts the wait time from years to months. Her having your child does not effect the case under the letter of the law.

As for getting a travel visa, you can pretty much forget it. I assume you're planning on petitioning her, and the K-3 will get it done the fastest.

GunnyD

[SoCal]

Filing I-130 in the US is not the same as filing with DHS in BKK.

That is the fastest way if you qualify, for an imigrant visa.

[jstumbo]

I agree. If you are a resident of a foreign country, then you can do what is called Direct Consular Filing (only allowed in certain countries), which is faster than doing it from the US. Seems to me like it would be just the opposite, since you are in another country with your wife, you could take longer, but if a person was in the US and their wife was in another country, it should be faster. But it is what it is.

[mrt273nva]

i am trying to sell my company before we go through the visa process. should i keep my company for application purposes and then try and sell it while waiting on the visa? if the company doesn't sell then we would not be able to go. Under a K-3 how long would she have to use it before it expires? If it does expire, will it get more difficult the next time around to get a visa again?

[thaihome]

Sounds like this falls under the K-3 visa status. The K-3 is a Non-immigrant visa specifically for spouses of US citizens who married while outside the United States. Because it is Non-immigrant it will be processed faster than a straight I-130 application. Info here: http://travel.state.gov/visa/immigrants/ty...types_1315.html

It is considered an "Immediate Release" visa. That cuts the wait time from years to months. Her having your child does not effect the case under the letter of the law.

As for getting a travel visa, you can pretty much forget it. I assume you're planning on petitioning her, and the K-3 will get it done the fastest.

GunnyD

Actually the visa would be a Immigrant Visa for a Spouse (IR1 or CR1). Note the 2nd paragraph in the link about filing abroad. Send an e-mail to the Bangkok USCIS office, They will reply with what you need to do.

If you file the I-130 with the USCIS in Bangkok, the will approve it (assuming you meet the requirements) in about a week. After that is a matter of gathering the documentation and waiting for interview, about 2 months or so.

Please note the section on a domicile in the US. This can trip up people that have cut all ties to the US and now want to move back.

TH

[BigA]

My Thai wife got a 10 multi-entry tourist visa last year.

We were not yet married then but she was the mother of of my son who is a US citizen and has a CRBA, and US passport.

It took a few days, purchase the interview slot, interview and then the next day it was issued. Most other applicants (not sure of their specific circumstances) were rejected.

Facts re: the applicant

It helps to speak English well.

It looks good if you are well educated especially with a prior US earned degree.

It looks good if you are an expat spouse whose US mate has a job with a well known and respected employer.

[TokyoT]

My wife got her 10-year tourist visa last year. Took about a month – due partially to my travel delaying when she could pick her interview. Sign up electronically via the internet – pick interview date. Bring the application forms (most of which can be filled in electronically and then printed) and relevant supporting documentation.

On interview day we spent more time waiting in line than it took to get the interview done.

In our particular case I brought tons of supporting documents/ information. Bank statements of mine, condo rental agreements for the past several years, various other payment statements in my name – all to show my history and future intentions of remaining in Thailand along with her. Also tons of photos of us dating back several years – to help establish the length of the relationship - As well as our marriage certificate, kids birth certificate, etc.

But the only thing I actually turned over to them with the required application documents was a letter from my employer basically stating that I had been living in Asia and working for them for “X” number of years and that it was expected that I would remain working for them and living in Asia for many more years to come.

Once her number was called she went up by herself while I gathered the coloring book and other bits our child was playing with. After a few minutes I had things together and made the way to the counter with all the other supporting documents. At that time the man asked my wife if this was her husband and daughter – yes. Ok, visa approved. Her interview took less than 10 min. After reading so many horror stories I was almost disappointed at how easy it turned out to be,

As for the OP the key to the type of visa is your intentions going forward – short term. If you plan to move to the US then the proper visa is a spouse visa. If you plan to stay in Thailand, at least for now, then the proper visa is the tourist visa. Actually unless you can prove that you have some for a residence in the US it will prove difficult to get a spouse visa.

As for the tourist visa here is where you should start:

US Embassy - non-immigrant visa

Everyone that I know of that has applied and received a US tourist visa in the past year have received a 10 year visa - we did not request one specifically and they did not ask. But the wife got 10 years on the first go.

[gunnyd]

Actually the visa would be a Immigrant Visa for a Spouse (IR1 or CR1). Note the 2nd paragraph in the link about filing abroad. Send an e-mail to the Bangkok USCIS office, They will reply with what you need to do.

If you file the I-130 with the USCIS in Bangkok, the will approve it (assuming you meet the requirements) in about a week. After that is a matter of gathering the documentation and waiting for interview, about 2 months or so.

Please note the section on a domicile in the US. This can trip up people that have cut all ties to the US and now want to move back.

TH

TH

The link I noted is correct for their situation as far as I understand it.

The purpose of new K visa is to reunite families that have been or could be subject to a long period of separation during the process of immigrating to the United States. Holders of the new K visas will be able to wait in the US for the immigration process to be completed.

The new parts of the K category are intended for use by both a spouse of a United States citizen and by the spouse's children. The nonimmigrant visa for the spouse is called a K3 visa and the visa for the spouse’s children is called a K4.

Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas, K3 and K4, and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

He wants to take his wife to the United States so he and his wife are not in the US. This makes applying for a IR-1 or CR-1 undo-able. A Non-immigrant K-3 visa is the appropriate visa type. I didn't get the sense that he wanted to be separated from his wife whilst making the application, which would be required for a IR1 or CR1 immigrant visa. Unless the below is the case (highlighted in red). As she is Thai it not not the case.

Taken from travel.state.gov website regarding IR1 and CR1 immigrant visas

In general, the following is required:

• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions).
  
• Birth certificate
  
• Divorce or death certificate of any previous spouse
  
• Marriage certificate
  
• Police certificate from all places lived since age 16
  
• Medical examination
  
• Evidence of financial support. A completed Form I-864 Affidavit of Support from petitioner/ sponsor is required.
  
• Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II
  
• Two immigrant visa photos
  
• Proof of the marriage and the husband/wife relationship
  
• Payment of immigrant processing fees, as explained below
  

Last time I checked Thai citizens are not on the exempt list and they require obtaining tourist visa beforehand.

The K-3 gets you out of the line that all of the other I-130 applications that is why you file I-129F with the I-130 application. Last stats I checked the USCIS are processing I-130s from 7/15/07 right now.

My only mistake was calling IR immediate release, it actually stands for immediate relative.

As always take any advise from the forum at face value, always check with the US Embassy/DHS yourself or contact a reputable immigration lawyer. "TV is for entertainment purposes only"

GunnyD

Edited February 22, 2008 by gunnyd