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daboyz1

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Posts posted by daboyz1

  1. A J-1 is an exchange visitor visa. Not quite sure why she would need a visitor visa, or any kind of visa for that matter if she is already in the U.S.? A visa simply allows a person the chance to enter the U.S.

    I think what you mean is that her J-1 is about to expire and she wants to stay longer. Unfortunately, she can not legally stay longer than the date that is stamped on her I-94. It's not a good idea to overstay the length of the stamp on the I-94. Overstays of 0-6 months are usually forgiven. 180 days to 1 year overstay = 3 year ban. More than a year = 10 year ban.

    I'm not asking about overstaying, though that information is welcome. Thanks for that.

    What I mean is she wants to change from her current visa, to a standard visitor tourist visa. The purpose as you stated is so she can stay longer.

    So what would the next step be to do that. Thanks for your reply.

    No, she can't adjust status to a tourist visa while in the U.S. She would need to apply for one at a U.S. consulate in another country.

    • Like 1
  2. A J-1 is an exchange visitor visa. Not quite sure why she would need a visitor visa, or any kind of visa for that matter if she is already in the U.S.? A visa simply allows a person the chance to enter the U.S.

    I think what you mean is that her J-1 is about to expire and she wants to stay longer. Unfortunately, she can not legally stay longer than the date that is stamped on her I-94. It's not a good idea to overstay the length of the stamp on the I-94. Overstays of 0-6 months are usually forgiven. 180 days to 1 year overstay = 3 year ban. More than a year = 10 year ban.

  3. In Thailand there is a strong support for Thaksin, that's one of the reasons he was overthrew from power, somehow he was getting too popular unlike Aphisit who was putted into power buy the coup leaders.

    Disclaimer: I am not a supporter of Thaksin, or any other politician.

    "I am not a supporter of Thaksin but ... " cheesy.gif

    Which coup leaders put Abhisit in power?

    I think you will find that a majority of elected MPs put Abhisit in power.

    As you whish, just to say that Abhisit and hes dems has not won an ellection in like 20 years?whistling.gif

    I see we have someone else that doesn't understand how PMs are selected. Abhisit was selected the same way that Thaksin was. By a majority of the MPs. I'm American and I get that. I don't understand why people have a hard time grasping that concept.

  4. Would appear that China is not too tolerant of the LBGT culture.

    Still, this is an odd story. If he performed his duties during the day,

    and has a photo taken with some lady boys at night, not really sure

    that is a firing offense...

    Could it be the use of public funds for personal enjoyment is a crime in China. It is not in Thailand?

    Public funds for personal enjoyment is a requirement to be a politician in Thailand.

  5. It is time to devalue the baht. Bring it down to where it was 30 years ago.

    Thailand is known to be a cheap destination. Tourists and expats come here for easy and affordable living. A strong baht will turn people off.

    I find it surprising that so many TVF capitalists and proponents of free markets now want intervention ala socialist or liberal finance policies.

    The baht will adjust downwards on its own. There is no need for intervention at this time.

    Even though being American and this somewhat hurts me financially, I agree with you. Can't have it both ways. Govt. should stay out of it.

  6. "The red shirts yesterday briefly clashed with security officials manning the court when they tried to enter the compound."

    That is what is worrying. The Reds are prepared to force their way in. The police should be stepping in on this now. But they are under Thaksins family control. The Army should be preparing with more precision and speed to take out those who wish to bring more mob rule and terror to Thailand. Thailand is going further down the toilet every day. Soon it will be controlled the same as its neighbours. And the Army is the problem? Thank God they are there as the final judicator for more years yet.

    Interesting post. My wife's family come from Chantaburi. They take no part in politics; the area in which they live is not known as a PTP stronghold. What they do say is that they do not like or trust the police but they like and trust the army. My wife and I were taking some much needed supplies through to some displaced persons who live in a remore border area. The soldiers at a check point appreciated what we were doing and let us through - we came back with a gift for them but they absolutely refused it and then thanked us for helping others in need. (Would the police have refused?) My wife's family are poor farmers - they are good Buddhists in that they try and do the right thing according to their precepts. They are not involved or interested in politics. However they do feel threatened by the increasing power of the wealthy Shinawatra clan and firmly believe that this is bad for Thailand. When asked about the last coup, their opinion - and indeed the opinion of some of their neighbours with whom we discussed this issue - is that a coup is no bad thing if it keeps the "bad people" (quote) at bay. Given all the 'anti-coup' rhetoric on these forums, it is interesting to note that - contrary to western media opinion - coups which are there to support democracy and not to give power to some besotted general can work in favour of the nation as a whole.

    That's a very good post. Alot of people automatically assume that a coup is bad in all cases. IMO, this is one case where a coup was warranted. Not only that, the people that staged the coup had an election a year or so later. So it wasn't some kind of permanent power grab by the military to run the country forever. In fact it was in response to caretaker PM that wanted to run the country forever.

  7. on the 24

    thx for that didnt think it was that long since i last went,need to think of some where else to take them maybe bottle temple ..any suggestions

    Put the aquarium in SiSaket on your list with the bottle temple. If you have the time check out

    Phanom Rung Templ just south of Nang Rong on the 24 highway. Fantastic you wont be sorry.

    14.5347944638, 102.946806356 (Phahom Rung). Keep your ears and eyes open to the border conditions.

    That bottle temple is pretty cool. I went there a few years ago with the wife and family. I'll have to check out the aquarium next time I'm there.

  8. Thanks to all for great info and opinions, responses. Yes, I am more than a bit freaked out over the I-864 form.

    And yes, once a US citizen, it goes away but that is a five year minimum in the US to clear that hurdle.

    In my neighborhood there are roughy 50 nice homes. 70 percent Farong and Thai "wife". I use the term losely as some I believe are not truly married but in Thailand, Boyfriends are Husbands and Girlfriends are wifes. Just the verbiage they use.

    Also, about half the Farongs go back home for three to six months a year and I suspect that the true reason is the same anxiety that I have. They do not seem to want their "wife" to get legal immigration status due to the same financial obligations.

    the entire thing really sucks for me. I love my fiance. That is the main reason I want to get married in the states. At some point I am going to die, she will outlive me as I am 59, she is 27 and her daughter, that I love more than life is 6. By marrying in states and getting her to thru process to the point of getting US citizenship. She can then get my SSA benifits and my retirement. But.............................Again, Gosh darn, what a risk we take when we do this.

    I can see why so many marry, not marry but do the part time dad and father, husband and fly home for months on end but it is not in my opinion a great thing to do to someone you love. The flip side of course is running the gauntlet and praying things do not go south after you have filled out the 864 form declaring, as noted, contract with goverment that you are going to pay them 125% of the poverty level, roughly 35k a year forever, regardless of divorce and until or unless they immigrate back to their home country.

    Is is possible to use Fiance Visa, fly to the states and then get married and fly back to Thailand without filling out the forms. While I suspect this blows her SSA benefits years down the road, I think she could then at least get other benefits as my pension or life insurance. "all covered in prenup of course.

    I should add that my Fiance has told me many times, she does not want to live in States, just wants to get green card and then move back to Thailand. This would be roughly two years and not possible with me not filling out form. I also think not great for child to be hauling her from country to country over two years.

    Again, any, all advice is greatly appreciated. I believe and thank you all for your sincere answers and advice.

    A few things wrong here:

    1. She can file for citizenship 2 years and 9 months after getting her green card. She will need to be a permanent resident for 3 years before she can take her oath of citizenship. Part of the form when filing for citizenship asks you to list EVERY trip out of the U.S. for 24 hours or more.

    2. Married is married. Whether you get married in Thailand or the U.S. So by getting married in the U.S. you don't really gain anything vs. getting married in Thailand.

    3. If she does get a green card, she needs to live in the U.S. If she tries to use it as an extended tourist visa, they will cancel it. Any trips of 6 months or more out of the U.S. are a gray area and she can be refused entry back into the U.S. A trip of a year or more without a re-entry permit is considered abandonment of the green card, and it's cancelled. A pattern of multiple trips that show that U.S. residency is not being maintained will cause issues.

    4. As far as the pension and life insurance benefits go, she should be able to get those regardless of her status in the U.S. My sister in law's husband from England died, and she get's a check every month from his retirement plan. (He was smart and knew that she would blow it in a month if she got it all at once so he put it in a trust where she get's like 20k THB a month)

    Now once she get's citizenship she can live in Thailand for the rest of her life and never return to the U.S. and this doesn't affect her U.S. citizenship at all.

  9. If he misses Thailand as much as he claims, he merely needs to return to Thailand, and serve out his sentence. I may be wrong but I think the sentence was only 2 years or so? Had he done that in the first place he would have been out a long time ago. I'm sure they would have given him a very luxurious jail cell

    I think he is lying when he says he misses Thailand, he really only misses being in power in Thailand.

    The sentence for one of the convictions is 2 years. There's a whole laundry list of charges pending that he hasn't been tried on yet. That 2 years could turn in to many more.

    • Like 1
  10. While it is a contract between the US Government and the sponsor, courts have recognised the right of the sponsored person to sue the sponsor for support under the I-864:

    "Efforts on the part of divorced spouses in particular to show that they are entitled to support payments under the I-864 have been successful in the federal courts."

    http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/2cbe6a52e76636f28525763b00661a63!OpenDocument&Highlight=0,i-864*

    Agreed. I think other courts have found that divorced spouses are not entitled to anything based on the I-864 in a divorce. Seems to be somewhat of a gray area currently.

  11. The I-864 is primarily there to protect the U.S. govt. from being liable for any means-tested benefit, meaning if things don't work out between you and your spouse and she ends up getting any kind of govt. assistance (food stamps, welfare, etc.) they can come after you for that. It doesn't have anything to do with how much money/assets she will get in a divorce settlement. I see you have posted a few questions about this on Visajourney already. There is a member there named Capri that is very knowledgeable about this situation. I believe he/she is a lawyer. I think there have been some recent cases where in a divorce the petitioner (you) has been required to support the beneficiary (her) at 125% of the poverty guidelines in a divorce case. It seems from some of the things Capri has posted that this is still working it's way through the courts.

    I know a guy here in the U.S. that brought his fiancee over from Thailand, married within the 90 days which is required, but didn't file the adjustment of status (I-485,I-765,I-864) for a year. Now during this time the wife couldn't work, couldn't drive, couldn't leave the country etc. He did this because he was concerned about the I-864. Personally I thought it was pretty unfair of him to do that to her, because she was in some kind of weird immigration limbo at that point.

    IMO there shouldn't be a fiancee visa. Either make the commitment, or don't. Too many people use it as a "get to know you" visa. That's just my opinion though.

    • Like 1
  12. I found out while going through the immigration process with my wife, that each congressperson has an immigration liaison on staff. They must get alot of inquiries. They even had a standard privacy release form to fill out. I've rarely seen them get any results though. At least in immigrant visa cases. Not sure about non-immigrant visas.

  13. If you go the direct consular filing route, that is for an immigrant visa, meaning she will be required to live in the U.S. She will be able to travel back and forth to Thailand, but keep in mind long stays of 6-12 months outside of the U.S. MAY be considered abandoning U.S. residency. A stay outside of the U.S. for 1 year or more without a re-entry permit will be considered abandonment of her U.S. permanent resident status.

    The point is, don't try to use the resident visa as a way to live in Thailand and travel to the U.S. on a regular basis. It is for living in the U.S. permanently.

    Now we are, and my understanding is that she can apply for U.S. citizenship 3 years after she enters as a permanent resident. The 3 years will go quickly, then we can travel worldwide much easier, she'll keep her Thai passport and we can live in either country as the spirit moves us. At least, that's the plan.

    Actually, you can apply for citizenship 2 years and 9 months from the date on the green card. Although, she will need to have 3 years of permanent residency before she takes the actual oath. It runs around 3-5 months from filing to the oath ceremony anyway. My wife was lucky and had her oath ceremony right at about 3.5 months after filing. It rarely happens that fast after filing.

    Also, once you obtain U.S. citizenship, you can come and go as you please. There are no residency requirements.

  14. Is it possible to to a "Direct Consular Filing" in Bangkok since we will be living in Thailand. I do own a house in the USA and plan to return there for some temporary employment on a yearly basis. I am rather unsure about the tourist visa option at this point since she does not have a job right now. She does own a home, has grown kids and a grandchild and lots of other family in Thailand.

    I was reading that Direct Consular Filing may only take 3 months to complete. If she does get this visa, does she need to stay in the USA for any certain amount of time per year or can she live in Thailand most of the year?

    I am trying to do as much research well ahead of time so I can maximize my options.

    430xc

    If you go the direct consular filing route, that is for an immigrant visa, meaning she will be required to live in the U.S. She will be able to travel back and forth to Thailand, but keep in mind long stays of 6-12 months outside of the U.S. MAY be considered abandoning U.S. residency. A stay outside of the U.S. for 1 year or more without a re-entry permit will be considered abandonment of her U.S. permanent resident status.

    The point is, don't try to use the resident visa as a way to live in Thailand and travel to the U.S. on a regular basis. It is for living in the U.S. permanently.

  15. Processing times at the California Service Center seem to be running ~220 days for I-129F approvals. Which is historically a pretty long time for them. September of lat year it was running about 100 days. That would put you around June 1st for the I-129F approval on the high side. After the I-129F approval, your petition should be at the Bangkok Embassy in about 2 weeks. I'd say look for an interview in August at the latest.

    In addition to your proof of ongoing relationship evidence, you can start putting together the I-134 financial information you will need. Tax transcripts etc. I'd wait until your package arrives at the Bangkok embassy before you start worrying about the medical exam and the police clearance.

    Also, the processing times posted on the USCIS website are useless. They are never even close to accurate. Look around on visajourney for more accurate information. You can look at Igor's list as well.

  16. We're only a quarter of the way through 2013 and they announce the winners already!

    Or perhaps the results were known in advance? whistling.gif

    All these prizes are a joke now. Obama won the Nobel peace prize after being in office for 8 months. Pretty nice winning that prize for basically winning an election. I guess they really hated Bush that much.

    • Like 1
  17. 10,000 Baht like it's $350.00 US > big deal , then the cranky old bastard goes to the cops, now his wife knows will cost him more than 10,000 should of keep his mouth shut and taken the punishment , thats what you deserve when your a dirty old man. Thats why my girls are over 25giggle.gif

    That's what I was thinking. The wife is sure to make his life a living hell, especially with his photo all over the internet for his wife's friends and family to see. The problem isn't so much that he cheated on his wife. The problem is that everyone knows about it, and it makes his wife look bad. He must be new to Thailand.

    • Like 1
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