daboyz1

There may be a couple issues that arise at the interview.

1. Generally they require proof of domicile in the U.S. Do you have an address in the U.S.?

2. As long as you meet the requirements of the I-134 affidavit of support which is %125 of the poverty line, then you should be fine concerning that issue. Tax transcripts from the IRS are ususally the best way to prove income. You can obtain them for free here:

http://www.irs.gov/Individuals/Get-Transcript

You should smash the bank person in the face with a house brick.

How many photos? We have a small photo album that holds 40. would 40 be enough?

40 should be fine. We gave them like 4 or 5 initially thinking that the overwhelming evidence of me living in Thailand would outweigh any photos. They said all that proves is you live in Thailand, it doesn't prove the relationship. Give us more photos.

Have to agree with JAFO above. No lawyer needed if you follow the web page for the BKK embassy and of average intelligence. My wife's and my application for a green card took 4 1/2 months from start to finish, normal processing. The web page from the embassy is easy to understand and do. Pay attention to details. Get any needed Thai documents translated by a true translator. The only problem we had was an improperly translated Thai divorce decree (done by a lawyer in Phuket for 2000 THB)the intake clerk lady said it was wrong. New document was 400 THB on the second floor of the same building as the turn in office.

the web page said to make an appointment. They don't do appointments for the initial submission. Spell out everything fully (i.e. use Nahkon Ratchasima vice Korat.) you can correct minor errors with white out and a pen

Things that must be done in BKK.

1) Initial turn in at USIC

2) Police certification (SIB only place, address in instruction), can tip 200 baht for expedited return (EMS)can do same day as visit for turn in at usics if time permits so start early. Not sure if kids have to do.

3) Medical can only by hospitals on the papers (don't know if it can be done in Chiang Mai or not.

keep all original paper and translations and copies in separate packets (2 hole punched at the top, use ACCO binders, and in the listed order with tabs to locate easily. I had original documents, and three copies. keep every thing separate and easy to locate.

The major first step is the initial application and is the most important. Start when they open and ours took only 5 hours including 2 1/2 hours for a new translation. Organization helps!

Step 2: A few weeks (ours took 8 days) later they will send packet 1 to you, just follow the instructions. Organize the documents in the listed order, same as the original same as before (2 hole punch, binders, tabs and EMS back.).

Step 3: A few weeks (ours took 6 weeks) later they will send packet 2 to you, just follow the instructions. This is when the medical is done. Organize the documents in the listed order, same as the original same as before (2 hole punch, binders, tabs) and EMS back. We did medical at Baumregard (SP?) hospital. About 4 hours escorted service with several stops. Can get the shots ahead of the hospital visit (bring any shot documents) to save $$.

Step 4: Go for the dreaded interview. May have an interpreter, But probably not needed. Husband not allowed in the waiting room. The interview was straight forward (of 12 ladies interviewed only one was turned down). She was dressed like a poster girl for "Bimbos R Us". Have wife DRESS professionally, easy on the makeup. If approved, she will leave her passport there and it will be mailed (EMS).

Good Luck!!

Great post. I'm sure that information will be helpful to a lot of other folks.

As far as the medical. It can be done in Chiang Mai at McCormick. That's actually where my wife had her's done. They used to do the medicals at Chiang Mai Ram hospital as well. Not sure what happened to that. Look here:

http://photos.state.gov/libraries/thailand/591452/iv/032014_med_instructions.pdf

Lana, your suggestion is a bit conflicting to Mac's post #13 above..........not to say that either of you guys are right or wrong, but different approach.

BTW, after more than 25 years in Asia, I've pretty much severed most of my business ties and it's hard to start all over again @67 years of age. I will be pursuing a VA claim from square 1 and hope that it will yield enough to get me out of the official 'poverty level' of income back there.

Also, I was hoping to get her a green card asap to support me and the kids [for a change]. Can a person on a visitor's visa get a green card easily??

Hoorah! My tax dollars will go directly to supporting you and your family.

You elected to retire early in life, and now do not have a penny to your name. Why not return to the US on your own, seek the medical attention you require, and then return to Thailand?

The last thing the US needs right now is another family on gov't welfare.

What a helpful non-judgemental post!

many yrs ago I had lived in Thailand for over 2.5 yrs straight on a non-O visa based on business all the time. Back then my passport went in and out of country every 3 months via the lawyers office (winkwink nudge nudge) before it all got computerized. Decided to get married, did it the legit and legal way, and like you decided to move back to the states. DCF sounded like a good idea and would save time, and sounded like I qualified having live there over 2 yrs.

Went to the state dept office in Bkk and the lady behind the plexyglass window flipped through my passport - declared that I was not "living in thailand" because of all the 3 month visa stamps. I said thai immigration law requires it be that way, regardless you can see the arrival dates and non-O business visa page and the 2.5 yrs time since I was in the states. "NO, you're a tourist and we cannot help you" and she pulled the curtain behind the plexyglass divider. US govt at it's best.

Had to file as married, do the paperwork and runaround stuff and wait a year for it all to get done.

Back then (I don't know about now) you either had to have a job earning +25% above poverty line, or 5 times that amount in assets. I had the latter but at interview at embassy, they said sorry but you don't have enough to qualify. WHAT?@! Showed them the proof documents explaining them clearly. No. I said I wouldn't accept that answer and insisted to speak with a higher up. Wife and I were the last ones sitting alone in the waiting area while the janitor was mopping the floor. Just before they were to turn out the lights the 'higher up' appeared, went through the same rehearsed speech, I showed documents with explanation and some blather about how the US govt was supposed to be looking out for it's citizens and was getting rather hot under the collar.

The supervisor said "we'll make an exception and approve you" and that he didn't think he should, but would. In fact I was 100% within their requirements and should have been rubber stamped through to begin with. Sh*t-heads at the embassy.

Given the time it took and treatment from the bureaucrats it would have been cheaper and faster to jump the mexican fence. And now a days govt don't even kick the illegals out. Welcome to the USSA again.

Anyways, good luck with your adventure and sooner or later new life in the new soviet states.

The 25% above the poverty line and 5x assets still exists (although I've read 3x assets in some cases) It sill seems that in some cases the approval is at the whim of whoever has the authority that particular day. I see random folks get put in Administrative Processing (whatever that is) for 2+ months.

In our case back in 2009 I showed them all kinds of eveidence that I was living in Thailand for 3 years, showed them the Thai marriage certificate from 2.5 years prior, 100s of entry stamps into Thailand etc. The said sorry we want to see more photos of you and your wife together. I said ok fine. I went and bought a couple disposible cameras had motorbike taxi drivers take a bunch of photos of us together around BKK. Went back and changed clothes and did it again. Went to the 1 hour photo place and had them developed and took them to the embassy. They said ok you're approved. So if anyone is reading this who has an upcoming interview, make sure you bring a lot of photos of you together.

Well, Thaksin's nineteenth retirement from politics didn't last very ( though perhaps longer than most - three days ). As always, Thaksin shoots from the hip and thinks later. It never occurred to him he might be putting his sister in a very delicate position - as she's still in detention ! ( One can almost imagine her reaction to her brother's announcement - assuming she has access to that - " Gee, thanks a lot, bro ! " ) Needless to say, Robert Amsterdam isn't listing what countries could possibly be interested in such a vaudevillian spectacle ( Kazakhstan ? ) but one gets the feeling that good old Hun Sen would lend a hand, having such a first-hand knowledge of human rights and free expression.

It is understood that the Shinawatra-led Red Shirts protest movement was anxious to make the government in exile decision public ahead of a widely anticipated statement from the Palace giving direct or veiled support of the monarchy to the military take-over. "

This seems entirely credible, because that would ( and will ) severely undercut Thaksin's stand. Thaksin is clearly trying to inspire international sympathy, and he may very well indeed see some lip service to that regard. But in the end, no country of any reasonable stature in going to step into this mess. Thaksin is more emotional in his decisions than rational. But at some point some one may need to point out to him that -

- Prayuth holds all the cards. Yingluck is detained, and Thaksin's announcement is not likely to speed up her release. All the top leaders of the UDD are detained. Chief of police Adul has been relieved. CAPO is gone. UDD radio stations are down, all UDD rallies disbanded. Prompong is under detention. There is a curfew and a resolve at the borders to contain any violent movements. All the cards are in Prayuth's hands.

Which means - at the end of the day - it will be he - and not Thaksin - who sets the terms.

Thaksin has made it pretty clear by his actions over the last few years that he doesn't care what happens to his sister. She's expendable in his quest for power.

Government in exile is a fantasy. Even so, I don't think I'd want my lawyer spouting off about it while I'm in custody of the military.

Thaksin is part of the New World Order. If his buddies at the Carlyle Group wants him to take over Thailand so they can finish carving up the country, then that's what's going to happen. I believe this is the first step in their attempt to regain control through force and the Thai military is trying to preempt those efforts, which unfortunately, is playing into their hands.

The people of Thailand need to realize that they're being used! If outside forces can engineer a civil war that can be transformed into an occupation by peacekeepers, then all will be lost. These outside forces will install "Their Guy," and his newly formed government just like they did in Iraq, Afghanistan, Libya and maybe, Syria (Free Syrian Army). Then the dismantling of the country can continue. GMO-Sum-Tum anyone? Yummy!

http://www.infowars.com/thailands-thaksin-shinwatra-marxists-and-the-nwo/

Infowars.

Maybe he doesn't have taxi fare.

Well, I got a bit overwhelmed by the paperwork and all the conflicting advise given me on this topic and decided to go with Ben Hart, an attorney in BKK after consulting with him by phone and his reasonable fee quotation for processing my family's visa and so far I'm quite pleased with his professionalism and quick replies to my many questions.

I will post the results as they occur...............

I used a lawyer to bring my wife here in 2008/2009. It was a terrible experience and probably delayed my wife's arrival in the U.S. by 3 months minimum. That said, if the guy you hired is getting back to you quickly then sounds like you hired a good one.

Who cares????????

In a few weeks the Dollar and Euro will be skyrocking again.

I love this country.........

Don't count on it. Didn't happen 2006, in fact the oppostie happened, and I suspect the Baht will gain value again this time. I wish it were the other way around, but not likely.

Now if all those clever, fair, balanced journalists at AFP. BBC, FT and others could only remember that.

Oh, it doesn't suit their agenda so they work " Thaksin ousted as PM by military coup" into nearly as many stories as they do "Thaksin is adored by the rural poor".

CNN as well. It's always "former prime minister living in self imposed exile for charges he claims are politically motivated" I always sit here wondering if the charges are politically motivated and your sister has been the PM for 2 1/2 years, couldn't he have just come back and faced the courts? It's almost like these so called journalists get their information on this subject from Amsterdam.

These guys win elections as well:

North Korea's Kim Jong-un gets 100% of 'yes' votes in election

Saddam 'wins 100% of vote'

Hey! These guys did even better than Abhisit!. He only got 98% of the vote, even though he was the only candidate, when the Democrat party allowed 35 of their dear leaders to vote.

Abhisit got 98% of the vote in an election? I must have missed that one.

Except - Thaksin wins elections, wins elections, wins elections. Get it?

These guys win elections as well:

North Korea's Kim Jong-un gets 100% of 'yes' votes in election

Saddam 'wins 100% of vote'

PS: he wasn't pm at time of coup so wasn't ousted.

Often a small detail that is overlooked.

Under Thai law the girl will be considered a minor till she reaches the age of 20.

As a minor, she is not allowed to make a lot of decisions. You mention university, but also think about medical care. She can recieve life threathining medical care, but if she breaks her leg a doctor needs permisison from her legal guardian to treat her. (I know a 19 year old college student who had to wait till his parents arrived before the hospital could help him with his broken wrist).

So it does go very far and does show the need for an adult to be able to sign paperwork swiftly.

A judge will also depend on what the girl herself says. If she endorses your wife, it will carry weight with the judge. As will showing commitment to support her financially.

It will be possible to get guardianship while being away from the girl and leave daily authorithy with another person, or with the school. (I suppose that happens a lot with boarding schools).

But it is essential there is someone that can make decissions.

A good plan will cary a lot of weight with a judge.

I've actually been supporting her financially for years now. I send the school direct wire transfers every semester and also send her money directly for her apartment and food etc. monthly. She will definitely endorse my wife. My wife raised her for a good part of her childhood until she came to live with me in the U.S. That's good to hear there is a way to assign responsibility to someone for emergencies and daily things, and leaving my wife to make the bigger decisions. The brother in law could handle that.

I thought I had heard the 20 year old rule before as far as being an adult. That's a lot further off than 18, so we should probably look into moving back there sooner rather than later.

My wife is actually at the Amphur in Si Saket right now talking to them. I'll come back and post when she gets some info.

Thanks again.

I suspect htat the mother was not married to the father, so he is the biological fahter but not the legal father.

Adoption is possible, but you must decide on if you want a purely Thai adoption or an International adoption which would also be recognised by the US.

Adoption procedures are normally long, it is easier in case of a family adoption.

But the girls seems to be living in Thailand, while you are not. That will be a problem and at the least will mean an international adoption as you are not living in Thailand.

The girl will need a legal guardian, but it would be wise to have one that lives in Thailand and I suspect he court will prefer to appoint someone whith whom the girl lives.

Normally a family member will be apointed as the guardian, if the girl doesn't have any other relatives the chance of your wife becoming guradian are much greater.

First, thanks for your reply.

I checked with my wife, and you're correct in your suspicion. The mother was not legally married to the father, although he is listed on the birth certificate as the father and she has his family name. I'm not really concerned about having the U.S. recognize the adoption since she is 15 now and by the time we jumped through all the hoops, it's possible she would be an adult.

I've also considered the other options about having a legal guardian in Thailand. My wife's parents (the girl's grandparents) are pretty old. In their late 60s. The father in law has his head buried in a bottled of Lao Khao almost every waking minute. The mother in law is a decent hard working lady, but again she is old. Also, they live in Si Saket and the niece is in school in Chiang Mai. This leaves the brother in law. He actually lives in Chiang Mai, but I'm kind of on the fence with him. Some times he's a responsible guy and takes care of things. Other times he's wasted like the father in law. In fact he showed up drunk at the girl's private school once. My niece is still holding a grudge against him over that episode.

So that leaves my wife.

Currently the girl lives alone in a girls only apartment building, and quite frankly I don't think the school is aware of her family situation. She's basically been living there on her own for a couple years without any family nearby except for her uncle who she rarely sees. She seems to do well in the school, and is in the band, always has some school activities she's involved in etc. I'd hate to have to ship her off to Si Saket to go to the village school.

I suppose the reason I want my wife to be the legal guardian, is that she's not old enough to make any legal decisions on her own. I'm not sure what decisions she would need to make, but I'm sure there are many that I'm not thinking about. Acquiring a passport etc. I'm not sure if a guardian is required to enroll in university as well. Ideally my wife and I would move back to Thailand permanently, but that's not financially possible at the moment.

Sorry to ramble, but just walking myself through this. I'm not seeing any good options.

My wife and I have a 15 year old niece in Chiang Mai. Her mother died two weeks ago. Her father is on the birth certificate, but has never been in the picture. The niece was born in Si Saket but has lived almost her entire life in Chiang Mai, and lives there alone now going to a private school. My wife, and the deceased mother were also born in Si Saket. We can't get a hold of the biological father.

I'd like to know if it's possible for my wife to adopt the niece. My wife holds dual U.S. and Thai citizenship. We're not looking to bring her to the U.S. at this point. It seems it would be a good idea for someone to be her legal guardian since she is a minor. My wife and I plan on moving back to Thailand at some point. Maybe 2 years maybe 5 years. No solid plans.

Does anyone know the process my wife would have to take to adopt out niece, or at minimum get the equivalent of guardianship?

Thanks in advance for helpful replies.

Surely by now the government gazette has been released.

So why is chalerm, also surapong, making statements on anything?

I suppose they're following the lead of their master in Dubai. A pesky court ruling never stopped him from running the show.

"a cumulative duration of stay not exceeding 90 days within any 6-month period from the date of first entry." Pretty clear.

Actually that was starting to be enforced a few years ago ('06/'07 ?) and was messing up a lot of runners back then. IIRC if you did month in, month out 3 times (6 months) you were then required to leave for a period of (3 ?) months (or more) before you could cycle it again.

Far easier to just get double/triple entry Tourist Visas (or that "other" one that they'll probably start cracking down on soon as well).

Yep in 2006. I ended up getting married and getting a Non-O.

exile...i thought he was a fugitive on the run with more outstanding charges awaiting his return...but an amnesty bill at 4am would have sorted that little chestnut out wouldnt it..am i wrong..

I'm not sure why that large detail is always omitted. Yingluck and PTP had been in office for well over a year with no protests that I can recall. It wasn't until they tried to sneak through an amnesty bill for the man in Dubai that brought out the protesters.

BTW, that is an American home, not a Thai house. It has full Western bathrooms and a full Western kitchen with a range and dishwasher, etc. etc. It has central heat and aircon, a two car garage, safe water and sanitary sewer, underground utilities, no litter, no garbage smells and on and on.

And it includes the land.

Fort Worth is actually a pretty nice place these days. It's not the sh!t kicker town it used to be.

I am not suggesting a fraud. I am not suggesting that there is a specific intent to immigrate when travelling on the tourist visa. I am suggesting only what I have written, given what the OP has described, that being health related issues that do and may arise. As for the USCIS helpline, it is worthless, I agree. Their webpages provide more than enough information for a family to navigate the immigration process themselves, without the need of an visa service companies .

Chances are the OP and his family would be able to enter the U.S. on a tourist visa and then they all could all adjust status without an issue. People do it all the time. People drink and drive and cheat on their taxes all the time and nothing happens. It doesn't make it legal just because you don't get caught. The issue could come up and many stages of the process later on. Adjusting status, filing for citizenship etc. There is no statute of limitations on misrepresentation when obtaining immigration benefits.

The OP is in a better stiuation than most because he resides in Thailand with a valid long term visa. That affords him the opportunity to take care of everything with the USCIS office in Bangkok and not have to deal with USCIS in the U.S. and shorten the process considerably.

agree totally Aaron. when it comes to immigration

and other official matters, it's best to follow the rules, especially when the whole world is connected/controlled by computers.

So, is this 10-15 month wait 'written in stone'?? Seems that i read somewhere on the official site that the process could be expedited by a medical emergency, but they didn't say who's medical emergency.

I DO have a [documented and real] medical emergency for treatment of HCV and the sooner I deal with it, the better off I will be. The new meds for clearance are not available here in LOS yet.

If you go the DCF route (which you qualify for) there's no way it's going to take 10-15 months. More like 2-3, may be 5 on the outside. If you were living in the U.S, then yes, you would be looking at 10-15 months.

That is erroneous information. Filing with the consulate will take a MINIMUM of 8 months and almost always longer. Sometimes twice as long. Change of status takes 6 months or less. Both consular and USCIS staffs are largely incompetent and their mistakes, which WILL occur will cost you time and money. My family have received Permanent Resident status using both methods and no fraud was ever involved. That is inflammatory hyperbole. USCIS, as bad as they are, are much more professional and transparent in the processing of applications than is the State Department consular avenue.

I suppose we'll just have to disagree and let the OP decide for himself. I know of a couple this year that went DCF through Bangkok and it took 3 months. As far as USCIS being professional, my (and many many others) experience with them has been calling the (dis) information line in the U.S. They are contractors reading off a script and are clueless. Also, myself and many others have contacted the embassy using the [email protected] email address and they have always responded if you put your case number in the subject line. USCIS has NO such contact method in the U.S. I have not dealt directly with USCIS in Bangkok, but I have spoken with others that have, and they've told me that they've been very helpful.

Filing with the consulate in Bangkok could take 8 YEARS if you don't file the forms correctly and follow the instructions. Not sure where you're getting your 8 months number from.

As far as your statement concerning fraud, ENTERING THE UNITED STATES ON A TOURIST VISA WITH THE INTENT TO IMMIGRATE IS COMMITTING VISA FRAUD. How's that for hyperbole? It's a plain fact.

Here's one link of 1000s explaining it:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html