flewis25200

Thank you to all of you who responded - even the ones with sarcastic comments.

I totally agree with you.  I am a lawyer by profession (in the United States) so I understand the need for a competent lawyer.  That is why I am seeing counsel from the forum members.  Thanks again

I am in the process of negotiating a contract to purchase a business on Sukhumvit.  The cost of the acquistion is THB 18,000,000.  I am plannig to acquire the company which holds the  business.  Any advice or recommendation for a lawyer is greatly appreciated.  I also would like to ask the forum members to let me know what is the approximate cost that I should expect for legal fees.  Thank you in advance for all who comment.

True, multiple reentries within short period of time - staying 6 months in the US and then going out for short period of time and then trying to reenter the US will possibly create issues as the time of reentry.

It is sad I hope the Thai Government does the humane thing.

Move on.  There and many honest people in the world who treasure fidelity. 

The issue is not the loss of citizenship but the fact that you have to prove that you did not intend to relinquish your US citizenship.  Having had to defend it on behalf of my clients, I can assure you that it is costly, arduous, and time consuming. 

My suggestion is to stick with one country.  I have seen people get into trouble for having multiple citizenships.  I refer you to the oath for naturalization that a person takes to become a citizen.  This will give you an idea of US' thinking on this matter.  It is not worth trying your luck - all it takes a head strong officer to put you through the ringer and do not rely on the recruiter's statements.  Here is the oath:

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."

For the validity of a marriage, US law looks to the country where the marriage took place so long at that country's law is not against US public policy - polygamy etc.  In your case  USCIS will consider your marriage to be valid, if it is valid in Thailand.  You will file Petition for an alien relative - Form I-130.  I see other posters have already provided the links for the form.  Please ensure that you use the most current form and follow the instructions for the form.  Once approved, you will need to file Immigrant Visa Application -  Form DS-230 with the US Department of State.  Once your wife arrives in the USA, she will be processed at the airport and issued paperwork for the Greencard.  The Greencard generally will arrive at your US address in about a month.  You wife can file for her citizenship 33 months after the date of issuance on her Greencard.  She must work 40 quarters to be eligible for Medicare and Social Security.

I presume you will be coming to USA on a visitor's visa.  If that is the case, the usual entry is 6 months.  You are not authorized to work on a visitor's visa.  There are penalties for overstaying, which include removal from the USA and also you can be incarcerated while you wait for removal to your home country.  It is a felony under federal law to help people evade US immigration law.  I have been a US immigration lawyer for over 20 years and I have seen all of the above happen to people.  This being said, there are over 15 million people illegally in the USA.  You would expect a farang to obey Thai laws.  I suggest you do the same when you come to the USA.

My child is in Thailand instead of finishing college here in America. I was looking at phone surveillance and one of the services being offered by the mobile phone surveillance company is recording of phone calls and ambient recordings, i.e. one can open the microphone and listen to the surroundings. Does anyone know if it is illegal to do so in Thailand? When I gave the phone to my son I did tell him that I have the ability to check up on him and he assured me that it is okay with him. Still I do not wish to violate any Thai rules. Any comments or suggestions will be greatly appreciated.

I agree with the above post. One must prove to the Consul's satisfaction that the applicant has non- immigrant intent. Of course one should have enough money in the bank to cover to costs of the trip. The higher the amount - the better it is. there is no guarantee of issuance even if she has a 100K in the account. The main issue is whether she has overcome the presumption of immigrant intent to the satisfaction of the Consul. Another thing that the Consul look at is how much previous travel she has done and whether she overstayed her visa to another European or North American country.

Is should take about 7 to 9 months - then you will need to appear for a K- visa interview through the National Visa Center and then then the visa is granted if everything is in order. The whole ordeal should take about a 11 to 12 months.

The Receipt of the I-751 should take two weeks to arrive by mail. The receipt will reauthorize her travel and work authorization for a one year period. If you submit copious amount of documentation about the authenticity of marriage, she may receive her permanent Green card with out another interview in a few month to a year (she should receive it before the end of the extension period - based on which office s adjudicating the application).

KikoMax:

I am a U.S.lawyer by profession and have an active law office in Virginia. My suggestion is to do an extension of stay BEFORE the expiration of the 180 days that has been granted at the time of her initial entry into the U.S. If she leaves the US to enter either Canada or Mexico, she will need a Visa to either country and there is a possibility that she can be refused admittance at the point of entry with the CPB Officer cancelling her visa. I have seen this happen and it becomes a major problem for future entries. The worst that would happen if she is denied her request for extension of stay is that she will have to return to Thailand but her multiple entry visa will not be affected. She will be authorized to stay in the US while her application is pending so long as USCIS received her application prior to the expiration of her authorized stay. I suggest using the services of an immigration lawyer. I am not trolling for additional business on this forum. i am just an American who loves Thailand and am planning to retire here. Best of luck.

The best will be to apply for a B1/B2 visa. This is a tourist visa and the application needs to be filed at the closest US consulate. She will have to prove that she has non- immigrant intent when she applies for the visa. Generally it shown by the fact that she has a job or business in Thailand and that she has property and other reasons why she will return to Thailand. If the Consul is satisfied that she is a non- immigrant to the U.S. she will be granted a visa. I have an immigration law office in the U.S. which deals complicated US Visa issues. What you describe is a basic B1/B2 visa and you should not need the help of a visa lawyer. Please note that your spouse should not lie on the visa application or during the interview and it will be hard and complicated to reverse the finding of a fraud determination.

I just purchased a Thai company which already has a virtual office and 4 employees. After purchase, I received invoice from the accounting service for 7000 THB per month to file monthly social security forms and keep monthly books (there are no books to keep as the company does not have any business). The virtual office is asking for $100 per month on a yearly contract and the month social security payments are 2800THB for 4 employees. Please advise if I am being overcharged and if yes, are there any recommended service providers. thanks for all your help. Currently the virtual office is located in Bangkok.

Dear Fellow Forum Members:

Thank you for your time and insights. They are very much appreciated. God bless you. Fitzgerald

Fellow forum members:

I have an ailing mother who suffers from congestive heart failure disease. Do to her disease she retains water in her body and requires hospitalization and nursing case to remove water from her body. She is placed in a nursing home, however, she does not like it and prefers to live with family. If she stays with us here in the U.S., the cost is prohibitive as she requires 24 hour supervision.

I was wondering if it is good option for me to take her to Chiang Mai, rent a house and hire three or four maids to take care of her at the house. I have just received a retirement visa to Thailand and was planning on living in BKK, however, due to my mother's situation, I am planning on moving to Chaing Mai as it is cheaper then BKK. I am hoping I can get a nurse and a doctor to visit her regularly. Of course I have to pay for it - which would be fine (if it is 3 to 4 thousand U.S. dollars a month). I am paying more than that here in the U.S.

She currently has medicare, which she would not have if she moves to Thailand.

Any ideas or opinions about what I am thinking of doing will be appreciated.

I worked as an immigration lawyer in the U.S. The replies to your questions are based on personal experiences and are not the law. Basically if a person returns to the U.S. within 6 months of their departure from the U.S., the law presumes they did not intend to abandon their residency. Anything more than that and you may have to prove to the satisfaction of the CBP officer that you intended to retain U.S. residency. If you what to be safe then you will need to file a application fro a Reentry Permit before your wife leaves the U.S. She will be called in for a biometrics appointment and she can leave after that. Please note that you need to give the address where you want the USCIS to forward her reentry permit.