K3 Marriage Visa To Usa, Finished In One Month!

[jaiyenjohn]

My thai wife picked up her K3 visa from the embassy last week. From start to finish the whole process was a little more than one month!

Submitted the application on August 4th, and interviewed and approved on Sept 8th. Much quicker than anyone, including our lawyer, expected (Brian, at my-thai-fiancee, who I would highly reccommend).

The reason it was done so quickly is that I didn't have to send the application to the USA. Because I was living in Thailand on a one year work visa, I was eligable to apply at the INS (now Department of Homeland Security) office in Bangkok, rather than send the application to the States. I received our initial packet and papers two weeks to the day after I submitted them in Bangkok. Our lawyer then immediately scheduled an interview, and we got an appointment two weeks later. It was barely enough time for us to get all of our records in order!

After going through this process once, if I had to do it again, I would still use a lawyer to handle the application. In my opinion it's not so much a matter of law, as it is a matter of knowing the beureaucracy. Arranging the application and supporting documents needed in a way that makes it very easy for the Consular Officials, is just as important as what is is those documents say.

So just a reminder that can shave months off your application process: If you're here in Thailand on a work-visa (and have lived in the country for at least one year), submit your application directly to Homeland Security in Bangkok.

I hope this info is useful for others..

[fxm88]

My thai wife picked up her K3 visa from the embassy last week. From start to finish the whole process was a little more than one month!

Congratulations. But can you please clarify one point for me? How did you file the I-129F in Thailand? I was told directly by the USCIS office in Bangkok that this form cannot be filed outside of the United States.

[jaiyenjohn]

My thai wife picked up her K3 visa from the embassy last week. From start to finish the whole process was a little more than one month!

Congratulations. But can you please clarify one point for me? How did you file the I-129F in Thailand? I was told directly by the USCIS office in Bangkok that this form cannot be filed outside of the United States.

Ah, I filled out a I-130, because we were already legally married in Thailand. I believe the I-129F is for fiancees. Most likely to do with the difference being the K3 is an immigrant visa, while fiancee is non-immigrant. I'm not 100% sure though.

JB

[gbt71fa]

I thought, and was told repeatedly, that it took longer to get a K visa if you registered your marriage in Thailand. Or, does this only apply if you are outside Thailand while she still resides there and that is what complicates the process? We're still waiting for the call, mail, email for her first interview. I am now confused...

[fxm88]

Ah, I filled out a I-130, because we were already legally married in Thailand. I believe the I-129F is for fiancees. Most likely to do with the difference being the K3 is an immigrant visa, while fiancee is non-immigrant. I'm not 100% sure though.

JB

Hmmm... according to http://travel.state.gov/visa/laws/telegram...grams_1437.html:

An alien seeking admission under INA 101(a)(15)(K)(ii) must be the beneficiary of a K-3 petition filed by a U.S. citizen in the United States. For the present, the Service is using the usual I-129F (fiance(e) petition) for this purpose. As noted in 41.81 N3, if the couple married outside the United States, the visa must be issued by a consular officer in the foreign state in which the marriage was effected.

http://travel.state.gov/visa/immigrants/ty...types_1315.html contains similar information (although the level of its indentation is confusing) as does http://immihelp.org/forms/i-129f-petition-...ien-fiance.html:

I-129F form is used for both K1 visa (fiance) and K3 visa (spouse), even though the title of the form indicates fiance. That is because K3 visa was created later and the form was adapted for married couple. Therefore, if you are filing this for K3 visa, wherever it says fiance, you should read it as 'spouse'.

According to http://travel.state.gov/visa/immigrants/ty...types_2993.html the K-3 is technically a Nonimmigrant Visa (you file to adjust status once you get in the States). Compare to http://travel.state.gov/visa/immigrants/ty...types_2991.html.

Is it possible you got the CR-1 (or IR-1 if you've been married longer than 2 years)? Can you check? Or do you remember if the contents of your "Packet 3" matched this list or this list? Did they send you a "Packet 4"? This could be a salient point for someone applying without the aid of a professional. Thanks!

[jaiyenjohn]

gbt71fa- Our lawyer told us it used to be that way, that fiancee visa's were much quicker than marriage visas. But finally seeing the idiocy of this, the INS changed the rules during the last days of the Clinton Administration, to bring the marriage visa into line with the fiancee visa. So now they take the same amount of time.

FXM-88-

I initially tried to process the application myself, and one of the first things I ran into that made me go into screaming fits, was that what the law says on the state department web site, in fact ,bears little relation to what you actually have to do. The forms and documents needed change all the time, so it's hard for the layman to keep up with it all.

All my paperwork is now in the files at the embassy, so I'm sorry I can't dig it out to help you, because believe me I know where you're at. We've only been officially married for 4 months.

We received BOTH those packets you mentioned in the mail, and our lawyer kept some papers and threw out others, I'm sorry I can't remember which ones, but I do remember filling out all the forms just in case, and some of them were passed back to us at the embassy for being irrelevant.

From my memory:

1. I needed to fax the I-130 and a copy of my passport to the Homeland Security Office in Bangkok, showing my work visas, before they would agree to process the application there.

We then received a packet in the mail, once we had a case number, our lawyer set us up for an interview appointment.

Then in addition to filling out the forms in the packet:

1. We did have to go to the hospital and get her some vaccinations, and get the medical forms signed.

2. We did have to get a police report.

3. She needed her passport, tambien baan (house book), and Birth Certificate and ID card. (certified translated to English)

4. We needed our marriage certificate (certified translated to English)

5. I needed my birth certificate, passport, and tax returns (but only for one year, not the three they said you needed)

6. We enclosed photos of oursleves together, and a statement about our relationship. (Both of these they didn't seem really interested in.)

7. A copy of a job offer letter in the USA, stating my salary and so on. (They were very interested in this).

8. The interview was two questions, where did you meet? and what does your husband do? I was allowed to be at the window with her.

9. Took about 4 hours to wait, and the interview was about 10 minutes.

10. Pick up your visa!

The visa is indeed an immigrant visa, CR-1 it's clearly marked as such, and becomes valid once it's stamped at arrival. We also had to pay a lot more, about 16,000 baht, wait at a different window, and get someone else to approve it, than the three other fiancee visa couples who were in our lawyer's "group."

When we went to pick it up, they gave my wife a sealed packet full of papers, to be only opened by the immigration officer in the USA. As well as some advice about how to apply for her social security number. Her green card will automatically be mailed to our USA adress once she gets her SSN. Just before the two year anniversary of her entering the country, we apply to get the conditional status of her visa removed.

This is all from my sometimes not so reliable memory, but I hope it helps,

Edited September 17, 2006 by jaiyenjohn

[thaihome]

gbt71fa- Our lawyer told us it used to be that way, that fiancee visa's were much quicker than marriage visas. But finally seeing the idiocy of this, the INS changed the rules during the last days of the Clinton Administration, to bring the marriage visa into line with the fiancee visa. So now they take the same amount of time.

FXM-88-

I initially tried to process the application myself, and one of the first things I ran into that made me go into screaming fits, was that what the law says on the state department web site, in fact ,bears little relation to what you actually have to do. The forms and documents needed change all the time, so it's hard for the layman to keep up with it all.

All my paperwork is now in the files at the embassy, so I'm sorry I can't dig it out to help you, because believe me I know where you're at. We've only been officially married for 4 months.

We received BOTH those packets you mentioned in the mail, and our lawyer kept some papers and threw out others, I'm sorry I can't remember which ones, but I do remember filling out all the forms just in case, and some of them were passed back to us at the embassy for being irrelevant.

From my memory:

1. I needed to fax the I-130 and a copy of my passport to the Homeland Security Office in Bangkok, showing my work visas, before they would agree to process the application there.

We then received a packet in the mail, once we had a case number, our lawyer set us up for an interview appointment.

Then in addition to filling out the forms in the packet:

1. We did have to go to the hospital and get her some vaccinations, and get the medical forms signed.

2. We did have to get a police report.

3. She needed her passport, tambien baan (house book), and Birth Certificate and ID card. (certified translated to English)

4. We needed our marriage certificate (certified translated to English)

5. I needed my birth certificate, passport, and tax returns (but only for one year, not the three they said you needed)

6. We enclosed photos of oursleves together, and a statement about our relationship. (Both of these they didn't seem really interested in.)

7. A copy of a job offer letter in the USA, stating my salary and so on. (They were very interested in this).

8. The interview was two questions, where did you meet? and what does your husband do? I was allowed to be at the window with her.

9. Took about 4 hours to wait, and the interview was about 10 minutes.

10. Pick up your visa!

The visa is indeed an immigrant visa, CR-1 it's clearly marked as such, and becomes valid once it's stamped at arrival. We also had to pay a lot more, about 16,000 baht, wait at a different window, and get someone else to approve it, than the three other fiancee visa couples who were in our lawyer's "group."

When we went to pick it up, they gave my wife a sealed packet full of papers, to be only opened by the immigration officer in the USA. As well as some advice about how to apply for her social security number. Her green card will automatically be mailed to our USA adress once she gets her SSN. Just before the two year anniversary of her entering the country, we apply to get the conditional status of her visa removed.

This is all from my sometimes not so reliable memory, but I hope it helps,

The process and timing you describe match what I have heard from other people doing this in Bangkok. It is not exactly a Direct Consulate Filing (DCF) since the BCIS in Bangkok approves the I-130, instead of the consulate as in a real DCF, but the timing is about the same.

One question for you, have you been married over 2 years? If so, your wife will receive an unconditional green card and you do not need to apply to get the conditions removed.

TH

[drummer]

I was just told by the USCIS in BKK that i cannot apply from Thailand. I'm heading home pretty soon, so I figured I'd just wait to apply till I was actually in the US.... Can I file here afterall? even if I can't be here for the interview it would seemto be easier to submit the paperwork here than have it cross the ocean twice....

[thaihome]

I was just told by the USCIS in BKK that i cannot apply from Thailand. I'm heading home pretty soon, so I figured I'd just wait to apply till I was actually in the US.... Can I file here afterall? even if I can't be here for the interview it would seemto be easier to submit the paperwork here than have it cross the ocean twice....

Do you live in Thailand? Have a residence, maybe a work permit? If not, no you cannot apply. There are nearby consulates that will do a DCF without residency. Believe Malaysia is one.

TH

[hellohello]

thats great! can you tell us what the total cost was and what criteria you used to pick a lawyer?

[jaiyenjohn]

thats great! can you tell us what the total cost was and what criteria you used to pick a lawyer?

The total cost was about $1,400 including the fees for the visa themselves.

As far as criteria goes, about two years ago we applied for a tourist visa for her and were declined. They still keep the visa fees though, which made me pretty miffed. I think the clencher for me was this lawyer offered a money-back gurantee. No visa, you don't have to pay anything. It was nice to see him putting his money where his mouth was so to speak. It also made me confident that he knew what he was doing.

[ajarnbangkapi]

Hi;

I am at the start of exactly the same process, and have been accumulating info. My particulars are:

1) Village mariage ceremony in Thailand, but not registered marriage

2) Lived in thailand 10 years, but just lost job so no work permit.

3) No job or residence in USA, but I can use my mom's address.

4) Non-b visa expires late Nov., so will need to get tourist visa to continue process here.

My understanding at this point is:

A) I CAN NOT apply in Thailand thru the Embassy (I saw where someone did a I-130 successfully here, but Ijust get grief from the embassy). I am mailing the papers to my mom today to send to Texas for me.

Advice from someone that did this a year ago was to get the fiancee packet of forms here to work on while the I-129F is being processed in the states. BUT, when I went to get the forms Friday a Thai lady manning the only open service window REFUSED! She said they won't give the forms until the invitation letter is received and an appointment is made. Very haughty, like she is better than citizens that come there for anything. Two other processes going on at the time and both parties seemed to be pissed. This was the INS office in the Srindhorn building2, where they told me to go via email for info.

She DID tell me to go to the internet to download what I need, then gave me an incorect URL.

C) I am told around one month to proces the stateside app, and maybe 3 months in Thailand (from someone that went thru the proces last year).

Frustrated now, so I will be happy to see what you find, i will watch with great interest.

[fxm88]

A) I CAN NOT apply in Thailand thru the Embassy (I saw where someone did a I-130 successfully here, but Ijust get grief from the embassy). I am mailing the papers to my mom today to send to Texas for me.

The I-130 is not submitted to the Embassy, but to the USCIS (their Bangkok office is in the Sindhorn office building, tower 2). Did the Embassy staff not tell you this?