Any Advise On Arriving To The U.s. On A Multi Entrance Visa And Changing To A Permnent Resident

[emmick]

I am from the u.s. and have been living on and off in Thailand for the past four years , Nok is Thai and holds a 10 year multi entrance visa to the u.s. and has visited me once in the u.s. We now have a newborn child togeather and I would prefer reloacting home I was told by an immigration lawyer from the u.s. that Nok can come to the u.s. on the visa that she currently holds ( B1/B2) and once she arrives he can start the process for her green card and permanent resident by her and I getting married. The question that I have and if anyone had a similar experience is if he is correct ?

[Thanyaburi Mac]

I am from the u.s. and have been living on and off in Thailand for the past four years , Nok is Thai and holds a 10 year multi entrance visa to the u.s. and has visited me once in the u.s. We now have a newborn child togeather and I would prefer reloacting home I was told by an immigration lawyer from the u.s. that Nok can come to the u.s. on the visa that she currently holds ( B1/B2) and once she arrives he can start the process for her green card and permanent resident by her and I getting married. The question that I have and if anyone had a similar experience is if he is correct ?

Well, yes, it can be done, and is quite legal, if sort of skirting the intent of a tourist B1/B2 visa, which means you really intend to return to Thailand after your allotted time to stay.  Kind of makes it more difficult in the future for other AmCits in Thailand to get a tourist visa for their girl friends as the particular ConOff who issued your G/F's visa might remember the time where one issued did the side step.

The real "proper" way to do the green card routing is to apply for an Immigrant Visa here, in our case, with the U.S immigration folks, go through all the hassle of medical, police check, paperwork, delay, etc, then head off to the U.S. in, say, six months.

As said above, tho, nothing illegal in adjusting status in the U.S., just means jumping the IV queue here.

Mac

[emmick]

I am from the u.s. and have been living on and off in Thailand for the past four years , Nok is Thai and holds a 10 year multi entrance visa to the u.s. and has visited me once in the u.s. We now have a newborn child togeather and I would prefer reloacting home I was told by an immigration lawyer from the u.s. that Nok can come to the u.s. on the visa that she currently holds ( B1/B2) and once she arrives he can start the process for her green card and permanent resident by her and I getting married. The question that I have and if anyone had a similar experience is if he is correct ?

Well, yes, it can be done, and is quite legal, if sort of skirting the intent of a tourist B1/B2 visa, which means you really intend to return to Thailand after your allotted time to stay. Kind of makes it more difficult in the future for other AmCits in Thailand to get a tourist visa for their girl friends as the particular ConOff who issued your G/F's visa might remember the time where one issued did the side step.

The real "proper" way to do the green card routing is to apply for an Immigrant Visa here, in our case, with the U.S immigration folks, go through all the hassle of medical, police check, paperwork, delay, etc, then head off to the U.S. in, say, six months.

As said above, tho, nothing illegal in adjusting status in the U.S., just means jumping the IV queue here.

Mac

I was asking this to question the advise that a immigration lawyer has given me and if it was not for my child I would not mind staying here as long as it would take but I would prefer to keep all of us togeather. But I do understand what you are saying and being that this is all new to me Im trying to learn all that I can and question the process that my lawyer has given me.

[thaihome]

You can indeed apply for change of status once you are in the US. The problem is you have to prove that you did not intend to do so at the time you entered. A much better solution for you, since you live in Thailand would be to get married in Thailand and submit an I-130 petition to the USCIS Bangkok office and get the immigration visa for your wife and child before you leave Thailand. I have personal knowledge of a couple that did exactly this last summer (without a lawyer) and completed the process in less then 3 months from getting married to her and daughter getting on plane to the US.

TH

[emmick]

You can indeed apply for change of status once you are in the US. The problem is you have to prove that you did not intend to do so at the time you entered. A much better solution for you, since you live in Thailand would be to get married in Thailand and submit an I-130 petition to the USCIS Bangkok office and get the immigration visa for your wife and child before you leave Thailand. I have personal knowledge of a couple that did exactly this last summer (without a lawyer) and completed the process in less then 3 months from getting married to her and daughter getting on plane to the US.

TH

It sounds like good advise because Im concerned with the current advice that a lawyer has given me and I do not want to jeopardize the future of my family . Thanks

[Thanyaburi Mac]

(Something screwy here, what I just typed disappeared, so will try again.)

Suggest you go down to the U.S. CIS office (Immigration) in Bangkok and ask them about how long it would take to process an IV for your girlfriend if you got married in Thailand (I assume your child already has a U.S. passport.)  This also assumes that CIS will let you file the I-130 here, if they accept that you pretty much live here rather than in the U.S.

If they say you must file in the U.S. it can take a LONG time for them to even get to it.

If you do go to ask them DO NOT mention Plan B!

http://bangkok.usembassy.gov/embassy/usgmain/uscis.html

Street Address:

U.S. Citizenship and Immigration Services

Sindhorn Building

Tower 2, 15th Floor

130-132 Wireless Road

Bangkok 10330, THAILAND

Visiting Our Office

The Bangkok Office is located next door to the U.S. Embassy, Tower 2, 15th Floor, Sindhorn Tower Building. Pay parking and access for individuals with special needs are available.

Hours of Operation:

The office is open to the public Monday through Friday from 8:00 AM to 11:30 AM and from 12:30 PM to 3:00 PM. It is closed on Thai and American holidays.

Phone:

02-205-5352/5382 (within Thailand)

011-662-205-5352 (from the United States)

Email: [email protected]

Mac

[emmick]

(Something screwy here, what I just typed disappeared, so will try again.)

Suggest you go down to the U.S. CIS office (Immigration) in Bangkok and ask them about how long it would take to process an IV for your girlfriend if you got married in Thailand (I assume your child already has a U.S. passport.) This also assumes that CIS will let you file the I-130 here, if they accept that you pretty much live here rather than in the U.S.

If they say you must file in the U.S. it can take a LONG time for them to even get to it.

If you do go to ask them DO NOT mention Plan B!

http://bangkok.usembassy.gov/embassy/usgmain/uscis.html

Street Address:

U.S. Citizenship and Immigration Services

Sindhorn Building

Thanks It sounds like good advise that I will discuss with them tomorrow, my one concern is being classified as a resident so that I can fill out the application and complete the entire process here. I have made copies of my yearly apartment lease, two Thai drivers licenses ( one motobike ,one vehicle ) , Thai bank books, Hospital ID Cards and True Tv bills in my name . I hope that this will be enough for them because I would be more comfortable completing the process this way even though it may take me a bit longer. I also hold a type "O" multi entrance one year visa do you think that this might be a problem with them approving my application here in Thailand to file? Thank You , Michael

Tower 2, 15th Floor

130-132 Wireless Road

Bangkok 10330, THAILAND

Visiting Our Office

The Bangkok Office is located next door to the U.S. Embassy, Tower 2, 15th Floor, Sindhorn Tower Building. Pay parking and access for individuals with special needs are available.

Hours of Operation:

The office is open to the public Monday through Friday from 8:00 AM to 11:30 AM and from 12:30 PM to 3:00 PM. It is closed on Thai and American holidays.

Phone:

02-205-5352/5382 (within Thailand)

011-662-205-5352 (from the United States)

Email: [email protected]

Mac

[meandwi]

I am from the u.s. and have been living on and off in Thailand for the past four years , Nok is Thai and holds a 10 year multi entrance visa to the u.s. and has visited me once in the u.s. We now have a newborn child togeather and I would prefer reloacting home I was told by an immigration lawyer from the u.s. that Nok can come to the u.s. on the visa that she currently holds ( B1/B2) and once she arrives he can start the process for her green card and permanent resident by her and I getting married. The question that I have and if anyone had a similar experience is if he is correct ?

We applied for a I-129F "fiance visa", they approved her visa and was in America within 6 months!. She recieved her permanent residence card a few months after. We had a traditional Thai wedding in Thailand but did not report it. Under the U.S. guidlines you must get married within 3 months of entry. It is the fastest and easiest way. Here is a link to the site.

Good luck,

meandwi

http://www.uscis.gov/files/form/I-129Finstr.pdf

[emmick]

I am from the u.s. and have been living on and off in Thailand for the past four years , Nok is Thai and holds a 10 year multi entrance visa to the u.s. and has visited me once in the u.s. We now have a newborn child togeather and I would prefer reloacting home I was told by an immigration lawyer from the u.s. that Nok can come to the u.s. on the visa that she currently holds ( B1/B2) and once she arrives he can start the process for her green card and permanent resident by her and I getting married. The question that I have and if anyone had a similar experience is if he is correct ?

We applied for a I-129F "fiance visa", they approved her visa and was in America within 6 months!. She recieved her permanent residence card a few months after. We had a traditional Thai wedding in Thailand but did not report it. Under the U.S. guidlines you must get married within 3 months of entry. It is the fastest and easiest way. Here is a link to the site.

Good luck,

meandwi

http://www.uscis.gov/files/form/I-129Finstr.pdf

We are both living in Thailand with our baby, would it be faster for us to apply for a I-130 as was suggested which would have us get married here and then process all the paper work from bangkok ? Thank You

[meandwi]

I am from the u.s. and have been living on and off in Thailand for the past four years , Nok is Thai and holds a 10 year multi entrance visa to the u.s. and has visited me once in the u.s. We now have a newborn child togeather and I would prefer reloacting home I was told by an immigration lawyer from the u.s. that Nok can come to the u.s. on the visa that she currently holds ( B1/B2) and once she arrives he can start the process for her green card and permanent resident by her and I getting married. The question that I have and if anyone had a similar experience is if he is correct ?

We applied for a I-129F "fiance visa", they approved her visa and was in America within 6 months!. She recieved her permanent residence card a few months after. We had a traditional Thai wedding in Thailand but did not report it. Under the U.S. guidlines you must get married within 3 months of entry. It is the fastest and easiest way. Here is a link to the site.

Good luck,

meandwi

http://www.uscis.gov/files/form/I-129Finstr.pdf

We are both living in Thailand with our baby, would it be faster for us to apply for a I-130 as was suggested which would have us get married here and then process all the paper work from bangkok ? Thank You

You can do the I-130 while still living in Thailand, but your fiance and baby will have to wait a long time for that process. I have seen couples wait 2 to 3 years before being able to live in America together. Use the I-129F if you are looking for a fast way to get her a permanent resident card. You can start by getting your baby a U.S. birth certificate and passport. This will keep you from doing ALOT more paper work!

Go to this link http://www.visajourney.com/forums/index.php?showtopic=78 You will find all you need to know. Hundreds of couples trying to come to America from Thailand. All, who have "Been there, done that". Every way possible. Use their search engine, and do be shy about asking questions.

It will seem overwhelming at first. But do it yourself, online, with the help of the links I provided. It was very easy for me.

PM me if you need further details.

meandwi

Edited June 12, 2008 by meandwi

[thaihome]

You miss the part that if the USC lives in Thailand they can file I-130 in Bangkok and not have to use a US Service Center. If the documents are done correctly the first time, takes about 3 months, most of which is waiting for interview at consulate.

This is under the DCF forum in VisaJourney

TH

[emmick]

You miss the part that if the USC lives in Thailand they can file I-130 in Bangkok and not have to use a US Service Center. If the documents are done correctly the first time, takes about 3 months, most of which is waiting for interview at consulate.

This is under the DCF forum in VisaJourney

TH

TH, I have been living here Bangkok now on a type "O" yearly multi entrance visa , I have a signed current apt lease , two thai drivers licenses, hospital ID cards under my name, cable bills under my name , banking records from early 2005 in addition my baby was just born here. My question that I have do you have any experience if this would be enough to file the I-130 in bangkok by the way of the US Service Center as you have suggested ? Currently this is the only home that Im living and only have a post office box in the States but would this suffice immigration. Thanks Michael

[thaihome]

I’m pretty sure they prefer 1 year visa extension and work permit (if not retired). What you have shows you live here, but actual residency, because you leave every 90 days, could be questionable in their minds.

Suggest you send an e-mail at [email protected] and explain your situation. If you go straight down to the office, you will probably never get past the very nice Thai lady manning the front desk.

Going this route bypasses the US service centers completely. I note that in a couple of instances in this thread you have not read or comprehended some post completely , such as my comment on US service centers. This is not a good sign for dealing with this stuff. Pay attention, do not jump to conclusion until you have thoroughly read everything and are sure you understand it.

You give the I-130 to the USCIS office, they process it in about a week and pass to the consulate. The consulate sends the Pack 3 forms (which you can get ahead of time from website) which you complete with all the supporting docs, such as police report. The consulate then schedules an interview, used to be in about 4-6 weeks.

TH

[KK-Mike]

I am from the u.s. and have been living on and off in Thailand for the past four years , Nok is Thai and holds a 10 year multi entrance visa to the u.s. and has visited me once in the u.s. We now have a newborn child togeather and I would prefer reloacting home I was told by an immigration lawyer from the u.s. that Nok can come to the u.s. on the visa that she currently holds ( B1/B2) and once she arrives he can start the process for her green card and permanent resident by her and I getting married. The question that I have and if anyone had a similar experience is if he is correct ?

We had EXACTLY the same senerio as you. We went to Immigration here in Arkansas. They gave us the packet of forms, told us to go get married and return all the forms and fees. 5 months later Noi had a green card and all is okay. We did everything ourselves. Good luck.

[thaihome]

Nice to hear from someone that has done the process. When did you do this? Where there questions about when you decided to get married in relation to when she entered the country on the tourist visa? Where you required to swear to some statement that there was no intent to do so until after arrival?

TH