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daboyz1

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Posts posted by daboyz1

  1. And what can the red shirts defend? A government run by a woman who yesterday said she doesn't understand the phrase, Thaksin regime- when the slogan of her party for the election was- 'Thaksin thinks, Pheua Thai does', and Ministers and MPs scurry off to see him all the time for consultations. Never mind the skype calls.

    She is either a liar or extremely academically challenged.

    Yes, I don't she how she can sit there and claim that she is the one making the decisions when that was the big campaign slogan.

  2. There are no poor regions in Thailand anymore. Yingluck erased this problem a while ago.

    I fear our North American friends may not get your humour. Perhaps a sarcasm free translation is required.rolleyes.gif

    I'm from North America and I get it.

  3. Sorry to the poster for highjacking his thread with my info. Go for the IR1. The year will go fast and it's better than worrying they may stop her coming in at the airport. I've read that could happen. A tourist visa issued from Thailand is still no guarantee you're making through U.S immigration and having a husband who is a citizen of the U.S is not going to help her. Wish they didn't make things sooooo difficult for us.

    l

    Not a problem at all. This is all new and interesting information for me and it's been quite informative even if not as definitive as I had hoped for. I can still visit her in Thailand so the processing time is not a huge deal for us.

    You can still try for the K-3. It wont cost you anything extra or hurt your chances for the IR-1. You just file the I-129F after you get the first I-797C from USCIS for the I-130. Maybe you'll get lucky and USCIS will approve the I-129F before the I-130 and forward it to NVC. As you can see by the stats I posted above, it's a slim chance, but doesn't hurt to try.

  4. I understand your frustration. There are a lot of people not happy with the new rules. Especially Canadians since many want to be able to spend a lot of time on both sides of the border. The trick would be getting USCIS to send the I-129F to NVC without the I-130. I'd post your questions on visajourney.com. I'd direct your questions to either pushbrk or darnell there. They are experts in this k3 problem.

    Sent from my SCH-I535 using Thaivisa Connect Thailand mobile app

  5. Sorry but you have not proved anything to me. Tell me how the processing time can be 5 months for the I-129F and over a year for the I-130. I cannot not believe the USCIS would hold the I-129 until the I-130 was finished. Also how could of there been a total of 353 K3 visas be processed in 2012 if that was true.

    When USCIS receives the I-129F after the I-130 has been filed, they pair them up at the service center so they can be approved together. There are VERY rare cases where for some reason USCIS approves the I-129F before the I-130. Maybe they don't get paired together for some reason. In this case the I-129F will be sent to NVC alone without the approved I-130. If this happens, then a K-3 is a valid option. Like I posted previously .33% of marriage visas issued are K-3s. Keep in mind you can't file an I-129F for a K-3 until you have already filed the I-130.

    If the OP wants to take a .33% chance, good luck to him.

  6. Here is a better link that gives processing times for different offices. California and Texas do I-129 and I-130 processing. Again I-129 is 5 months and I-130 is shows that they are doing Oct. 2012 petitions.

    There's no link, but regardless those are petitions. Again, USCIS approves petitions, the don't approve visas. Also, I-129F is also used for fiancee visas which are much more common than marriage visas.

    The most recent link I posted shows both I-129F categories. I again have to ask how it is possible for both to arrive at the NVS or I-130 arrive before it unless the I-129F was filed to late. I would think that most people would have it ready to send as soon as the notice that the I-130 had been received (I-797) arrived.

    Screen shot of California service center processing time.

    Right. That link you keep posting is related to petition approval times. Those processing times have nothing to do with when the visa is actually issued. There's much more to do after the petition is approved in order to get the visa. It goes like this for a K-3:

    1. File I-130

    2. Receive I-797C from USCIS for I-130

    3. File I-129F

    4. Receive I-797C from USCIS for I-129F

    5. Receive 2 I-797Cs from USCIS stating that both the I-130 and I-129F have been approved and are being forwarded to NVC (This is the processing times you are looking at)

    6. NVC receives both petitions and administratively closes the I-129F. At this point the K-3 is no longer an option and the path for the IR-1/CR-1 must be followed.

    7. NVC sends instructions to the petitioner on the next steps in continuing with the IR-1/CR-1 visa path. Choice of agent (ds-3032) if no G-28 was filed, and instructions on how to continue with the I-864 and DS-230.

    8. NVC completes the case and it is forwarded to Bangkok (or whatever consulate) for processing there. Medical, Police report, interview etc.

  7. You have to go back understand the reason for the existence of the K-3. The K-3 was added by congress as part of the Life Act of 2000. The reason for it was that NVC was taking YEARS to forward approved I-130 petitions to the consulates for visa interviews etc. So congress added the K-3 class so that married beneficiaries could wait in the U.S. for their immigrant visa (green card) approvals. Since roughly 2007-2008, NVC finally got their head out of their a$$ and streamlined the process. Now cases are generally completed at NVC in 2-3 months rather than 2-3 years. So NVC has decided all by themselves that there is no further need for K-3 visas, because the rule states that if an immigrant visa is available (The approved I-130/IR-1 and CR-1) there is no further need for the non-immigrant visa (The approved I-29F/K-3) and NVC cancels the I-129F petition.

    It would seem to me that in 2000 congress should have told NVC to get their act together, but no they just passed a new law and created another visa class.

    I know about K-3 history it was the old INS was to blame not the NVS.

    I think it is now the USCIS that is still holdings things up as can be seen in my post about processing times.

    In order to continue this conversation, you need to understand the difference between a petition and a visa application. For some reason, you refuse to understand the difference. INS/USCIS does NOT issue visas. They approve petitions. The dept. of state issues visas. NVC is part of the dept. of state. Those processing times you keep linking to are for I-129F petition processing times, and have absolutely nothing to do with issuing visas. I posted govt. links to this in multiple posts.

  8. So then why not eliminate the k-3 option? Does congress have to do this? Or is this still a valid visa class? Is it quicker or slower than i-130/ir-1/cr-1?

    "Second best time to plant a tree is today" sent from note2 TV app

    Technically a K-3 visa is a non-immigrant visa, although it is a non-immigrant visa with immigrant intent. The way the US Dept of State's rules work as stated in the link I provided is that if an immigrant visa is available, then there is no longer a need for the non-immigrant visa.

  9. You have to go back understand the reason for the existence of the K-3. The K-3 was added by congress as part of the Life Act of 2000. The reason for it was that NVC was taking YEARS to forward approved I-130 petitions to the consulates for visa interviews etc. So congress added the K-3 class so that married beneficiaries could wait in the U.S. for their immigrant visa (green card) approvals. Since roughly 2007-2008, NVC finally got their head out of their a$$ and streamlined the process. Now cases are generally completed at NVC in 2-3 months rather than 2-3 years. So NVC has decided all by themselves that there is no further need for K-3 visas, because the rule states that if an immigrant visa is available (The approved I-130/IR-1 and CR-1) there is no further need for the non-immigrant visa (The approved I-29F/K-3) and NVC cancels the I-129F petition.

    It would seem to me that in 2000 congress should have told NVC to get their act together, but no they just passed a new law and created another visa class.

  10. Here is a better link that gives processing times for different offices. California and Texas do I-129 and I-130 processing. Again I-129 is 5 months and I-130 is shows that they are doing Oct. 2012 petitions.

    There's no link, but regardless those are petitions. Again, USCIS approves petitions, the don't approve visas. Also, I-129F is also used for fiancee visas which are much more common than marriage visas.

  11. Here's some stats:

    http://www.travel.state.gov/pdf/FY2012NIVWorkloadbyVisaCategory.pdf

    290 K-3 visas issued for FY2012 by Dept. of State worldwide.

    http://www.travel.state.gov/pdf/FY12AnnualReport-TableII.pdf

    88,769 CR-1/IR-1 (marriage) visas issued for FY2012 by Dept. of Stat worldwide.

    Not sure what else I can do to point out that K-3 is pretty much dead other than point out that .33% of marriage visas were K-3 in FY2012.

  12. I responded to your post stating that the K3 visa was no longer available which was incorrect.

    Checking processing times here https://egov.uscis.gov/cris/Dashboard/ProcTimes.do it shows 11 months for I-130 and 5 months for I-129F which differs greatly from your statement that both would arrive at the same time or the I-130 before the I-129F.

    Your link doesn't work. And you're looking at USCIS processing times which has nothing to do with the discussion.

    I-129F is used for K-1 Fiance visas as well as K-3 marriage visas. In the case of the K-1 an I-129F is filed all by itself.

    For a K-3, an I-130 (petition for immigrant visa) MUST be filed prior to the I-129F. They are then joined together at the USCIS (DHS) service center and approved at that service center. After that (as is stated in the link I previously provided) they are BOTH forwarded to NVC (Dept. of State) Once arriving at NVC the I-129F will be administratively closed as is also stated in the link I provided. As far as USCIS is concerned, the K-3 is still a valid visa. Unfortunately, USCIS doesn't issue visas, they only approve petitions.

    People have a hard time differentiating between a petition which is filed with USCIS and a visa application which is applied for with the U.S. department of state. In the case of a marriage visa, one can not apply for a marriage visa (K-3 or otherwise) unless there is an approved I-130 or I-129F petition from USCIS forwarded to the consulate in Bangkok. Since NVC closes the I-129F, the petition will never be forwarded to the consulate in Bangkok, so there is no K-3 to apply for.

    I hope that clears it up.

    • Like 1
  13. While it appears by their website that is an option, it is not. Read this part of the page you linked:

    http://travel.state.gov/visa/immigrants/types/types_2993.html#5

    Important Notice: When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

    • The nonimmigrant K-3 visa case will be administratively closed.
    • The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
    • The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

    If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition.

    I haven't seen a case in over 4 years where the I-129F arrives at NVC before the I-130. They ALWAYS arrive together these days. I think it's unfortunate because the OP has a case where a K-3 would be perfect.

  14. Thanyaburi Mac hit the nail on head. It's all about perceived intent. Using a tourist visa with the intent to immigrate is considered immigration fraud. That said, people do it all the time. How can USCIS determine someone's intent?

    As far as applying in Thailand (Direct Consular Filing), you have to show that you have been a resident in Thailand for 6 months on a valid visa (Non-O, Non-B etc.) It sounds like that's not the case since you are in the U.S. now.

    K-3 is no longer a viable option, but would've been perfect for you since it's a 2 year multi-entry visa.

    So this leaves you with one option. An IR-1 visa. It looks like the current processing times from start to finish is about 1 year depending on where you live in the U.S. Where you live will determine which USCIS service center will handle your case.

  15. I just watched a report on it here in the U.S. on the Weather Channel about 15 minutes ago. They said it's going to slam the Philippines with close to 200 MPH winds, then head towards Vietnam. After that they said it's going to curve north. It looked like the path would probably clip upper Isaan. Udon Thani etc. Ubon Ratchatani probably would not see much from it. Of course those things can be unpredictable.

    • Like 1
  16. A few years from now, when the Shinawatra Dynasty has ensured an iron grip on everything, I want you to look back to today and the relative freedoms Thai citizens and businesses enjoy. If you don't want to wait a few years, just look at Hun Sen's Cambodia today and how he runs roughshod over peoples' property rights, the environment and jails, on trumped up charges, those who disagree with him. That is the model Dr. Thaksin will refine and cement total power over this country. Remember, Dr. Thaksin is quoted as saying, "Democracy is not my goal". His goal is dictatorship for him and his family forever.

    Mr. T doesn't have control of the military...... yet. Probably just a matter of time though.

  17. They can call it whatever they want. "Amnesty" "Reconciliation" whatever floats their boat. The reality is that this is about one man. If it wasn't, then why didn't they leave him out of it?

    The whole thing is sad. Finance riots and arson, get your sister elected, and then voila, amnesty. Hopefully they'll make a movie about it at some point. Stranger than fiction comes to mind. Hopefully the Thai electorate will wake up one day, but I doubt it. I guess the poor will just trod through life being grateful for their occasional meager govt. payout while those in charge become super rich.

    Quite sickening actually.

    • Like 1
  18. Joshua,

    What advice are you looking for? Which is the better of the 2 visas to get?

    1. Tourist visa's generally valid for 10 years come and go as you please within the guidlines of the visas conditions.

    2. Fiancée visa requires - if granted - for you to be married within 9 months of it being granted.

    I'd go for option 1, and given that your girlfriends mother recently obtained one, I'd suggest she talk to her about how she got it.

    .

  19. Joshua,

    What advice are you looking for? Which is the better of the 2 visas to get?

    1. Tourist visa's generally valid for 10 years come and go as you please within the guidlines of the visas conditions.

    2. Fiancée visa requires - if granted - for you to be married within 9 months of it being granted.

    I'd go for option 1, and given that your girlfriends mother recently obtained one, I'd suggest she talk to her about how she got it.

    2. It's 90 days not 9 months after entry into the U.S.

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