Direct Consular Filing

[rank stranger]

Hello all,

From what I can determine, it appears that it is possible to file the I-130 petition at the USCIS office at the US Bangkok embassy. Does anyone have any experience with that?

I'm looking at the various options on getting my girlfriend into the US. I plan to arrive in Thailand in late November with a 60-day tourist visa. After I arrive, I plan on getting married (gulp), converting the tourist visa to a retirement visa, and starting the visa application process. It's important that we get married because I want to get her covered by my health insurance ASAP.

It looks like direct consular filing might shave some time off filing the I-130 at the Nebraska service center. Does anyone know whether the embassy's residency requirements are for the US citizen/petitioner? Is it possible with a tourist visa, or are they going to require that I have the retirement visa? Any requirements on the length of stay in Thailand?

I'm not trying to circumvent anything, I just need to get my girl back to the States with me by April 2007.

Thanks for your help and comments.

RS

[thaihome]

In order to file the I-130 petition at the Bangkok USCIS office you must prove you are a resident. This would be impossible with a tourist visa or I suspect a recently obtained Non-Imm O. The usual is a non-imm B with work permit.

If you get a non-imm O, either based on being over 50 or married to a Thai, I would think as a minimum you need to get a year extension and have lived here for most of that year, being able to show you have not left for any entry stamp border runs or such, house lease, bank account, etc. I understand the USCIS and consulate are quite strict about proving residence before letting you file here.

You can save a considerable amount of time by filing here, I know of one person that got his adopted daughters green cards is less then 3 months, but I don't think your plan would work.

TH

[orlandoiam]

This topic is a bit old, but you sound like an expert Thaihome...

I've been living in THailand for 3 years...going home with my husband. I've established residency in Thailand but I'm employed by a Thai company.

From my understanding, in order to qualify my income must continue once I return to the United States. In other words, my income must be U.S. based.

Is my understanding correct? Or could I qualify under a Thai company?

In order to file the I-130 petition at the Bangkok USCIS office you must prove you are a resident. This would be impossible with a tourist visa or I suspect a recently obtained Non-Imm O. The usual is a non-imm B with work permit.

If you get a non-imm O, either based on being over 50 or married to a Thai, I would think as a minimum you need to get a year extension and have lived here for most of that year, being able to show you have not left for any entry stamp border runs or such, house lease, bank account, etc. I understand the USCIS and consulate are quite strict about proving residence before letting you file here.

You can save a considerable amount of time by filing here, I know of one person that got his adopted daughters green cards is less then 3 months, but I don't think your plan would work.

TH

[vinny]

See also Spouse and Fiance(e) of an American Citizen.