La Migra

On 11/1/2019 at 1:21 AM, steveb6 said:

Actually my wife before being married applied for a tourist visa two times but was rejected. Her salary is in the 50, 000B range. We have a 15 month old son.

The situation has changed, you are petitioning for her as your wife for permanent residence, she is not requesting a tourist visa by herself.  Different application, different circumstances.  Again, to your original question, having and raising a child together helps to show this is a real, not sham, marriage. Those prior visa denials won't matter.

2 hours ago, treetops said:

If this happens and I'm stamped in for 60 days and I change my mind about the onward travel the next day, are there likely to be any recriminations?

Direct answer, probably not.   Travel plans change.

Two issues, what if you tell them you are in transit and leaving the next day....and they only stamp you in until your flight out? Now you are in Laos, or wherever, with the same problem of entering Thailand. Plus, issue two, since still on that METV per your plan, you still might run up against the unwritten 180 day rule.

If you want to use your plan, and not get new type visa in UK, I recommend to have a flight out in 10 days or so, not immediate .... and execute your plan to change to Non O followed by retirement as quick as you can.

On 10/30/2019 at 1:40 AM, steveb6 said:

Our son is an American citizen and would like to apply for a US permanent resident visa for my wife

Oddly phrased, he wants to petition for her? Or you want to petition for her? If he is the USC, he probably can - but longer wait than if you, as a USC spouse, file for her.

If your filing for her, and want to know if having a child together helps....yes.  USCIS wants to know that your marriage is legitimate, and most fraudsters wouldn't go to the length of having a child together to create a fiction of a legitimate marriage. 

The fact that the child derived US citizenship through you, his USC father, that is not really a factor under an I-130 petition, but raising a child together, again, tends to show a valid marriage.

"...Get the correct visa ! "  I think that says it all.  

It really appears Thailand is imposing a rule of thumb of 180 days per tourist. First if you are over, but also if your pattern of stay shows you might go over.

23 hours ago, Galong said:

I kinda let old age creep up on me. I didn't pay attention to it, didn't really think about it, and now I'm 64! ???? 

Ha Ha, I think that is how it happens to most of us, working or not!  Glad to hear your success story, you have found your niche and from all the responses to your question, you are good to go. 

A lot of the same requirements.... you show your financial ability, prove the relationship etc....  With a K-1 it will not be issued until all that is proven.  You can check average processing times on USCIS website.

Marry in Thailand, file the I-130 for a CR-1, then file the K-3 to request a visa for her to live with you while waiting for the CR-1 petition to be granted. Not automatic, as they need to do a review of your financials and relationship....and that takes more time.

12 hours ago, GinBoy2 said:

Never try to enter the US while there is an ongoing immigrant visa, That will set off all sorts of alarm bells that she is going to circumvent the immigration process and apply for an adjustment of status 

I would disagree. 2 scenarios, first the USC lives in the US and the spouse applies for tourist visa only. This looks, as you suggest, they are trying to circumvent the process and will apply for adjustment once in US. Deny

2. Same set up, but apply for CR-1, then the tourist visa - while awaiting for decision. They are showing they are NOT trying to circumvent the process, they are following the process. So a, maybe.

Looking back at OP options: 1. she is not getting a tourist visa on her own. 2. K-1, once applied for, will have to wait until approved. 3. Marry and just apply for just tourist visa, will be denied b/c OP lives in US. (circumvent the process) 4. Marry, apply CR-1, then visitor visa, or K-3 - that is a maybe.

5 hours ago, Elkski said:

7 months for K1 would  be great. I thought I've read more like 10 or 12 months. And I've heard Trump has not funded or staffed immigration very well so there is a longer backlog now? 

I was checking the USCIS average processing times posted for Dallas.  USCIS is mostly fee funded, and the intake processing is largely contractors - and I haven't heard of them cutting personnel or contracts.

However the administration has set up more requirements (public charge and health insurance) so it might take more time.  Plus, yes, a general anti-immigrant feel, so things might be slow-rolled.

Sorry if this was already suggested: so many long posts, quoting other long posts in full.... so I skipped a few pages.

You talked about medical stuff you were having done - why not get a medical visa?

"1. Medical Tourist Visa: 40 USD for single entry of no more than 60 days

2. Non-Immigrant O Visa (Medical Treatment): 80 USD single entry of no more than 90 days, which can be extended and changed to multiple entries at Immigration Office in Thailand."

....... extra steps than just a tourist visa, but seems to fit your profile and might get you past that pesky too much time in country rule.

Everything smooth; 5-7 months on a K-1, probably a bit longer for a CR-1.

However, once she is your wife - more likely she will be approved a visitor visa.  Probably denied before because as you say..... But if married, her situation has changed. 

3 hours ago, eg84 said:

She stamped the passport and off I went, quickly!!

 Ha ha !   Great news! 

Although I would start to form another plan for the rest of your time in Thailand. 

It somewhat comes down to where do you want to live, how soon do you want to marry?  Are you planning to live in US or Thailand.

K-1, she will wait in Thailand until visa approved. Then once married in US, wait there until CR-1 approved. 

Married in Thailand, she could, theoretically, apply for visitor visa and travel to US sooner, while waiting for approval of immigration application.

Best of Luck getting in.

Let us know what happens. When I fly in from Cambodia, it is the only place that asks for onward ticket out of Thailand. So be prepared to buy one.

I think you got your consensus answer; try a VE entry at a land border crossing in Laos (considered more friendly). If denied entry you are no worse off than now. Except you are in Laos vice Cambodia. I would suggest that, if immigration hesitates to let you in, explain that you just need to get your computer and so on, and accept a reduced number of days admission. (Maybe have a flight pre-booked to leave Thailand in 10-15 days)    

I still don't understand why they would put a visa sticker in your PP.  Wouldn't they normally just deny your application for the SETV?       

If you are using your parents income/assets as part of qualifying - i.e. they are co-sponsors - then the family size is everyone in the household.  

If you are just going to stay with them while resettling, then no, it is just the two of you. 

So the embassy denied your 2nd SETV application? And stamped your old SETV denied w/o prejudice? Or did you get the second SETV and it was denied at the border?

Could you please post a picture of the stamps?

54 minutes ago, Doge said:

I don't know why you like it, you do. Simple tastes, low expectations?

He compares it with living in Saudi Arabia.... low expectations indeed.

Although I am very fond of CM, and the mountains and parks outside of the city. 

9 hours ago, krey said:

Lets say I have a Expiry date of Feb 1 2020

I leave on January 25th and come back on January 27th

I have a new year stamp that states I can stay in the kingdom until Jan 27 2021

I know these are hypothetical dates, but just in case the IO decides not to stamp you in for another 365 .... don't cut it too close to the end of your visa.

5 minutes ago, Pravda said:

 

They don't accept damaged passport as ID.

 

No drivers license. I was a non resident since 2015, so expired.

Sounds like it is time to get a new Canadian Driver's License

2 hours ago, Pravda said:

Does any Canadian here know if I could obtain a regular passport without 2 pieces of id?

Not Canadian, but you have your citizenship card and the damaged passport. That is two forms of ID. 

Do you have any Thai ID, like a driver's license?

So the IO questioned the validity of your visa, because you haven't learned Thai despite studying it for 7 months. That actually seems legitimate. 

Interviewed you for 1.5 hours, that seems excessive.

But is that him actually sitting across from you talking to you? Or is that the time it took to process you? Including him talking to you, him going to check with his supervisor, him getting tea and having a chuckle with his friends ..... with you just waiting on pins and needles to find out if going to be deported.

The immigration question is a bit different from the "what do I do with my stuff" question.

Even if you were to spend 6 straight months in one place and then the other - you still have to store or move your stuff. Which to me begs the question, how much stuff are you keeping in each country?

11 hours ago, mosan said:

How about only renting places that are fully furnished and provide internet service. 

This sounds like some good advice.

Also, I may be projecting my own angst on you, as I am going through everything I own and deciding what to toss or donate.

I think the hassles reported for those with multiple passports....did not involve the passports of the countries visited.

For example, someone with dual US/Irish citizenship using different passports to enter a third country i.e. Thailand.

Your wife is doing it correctly.