going back to the US with my wife in a month and need help

[bigluke45]

I am American, My Thai wife and i have traveled back and fourth to the states for 7 years about every 2 years with our 2 children, ages 7 and 5 years old. We have been together for 13 years, we are "officially" married for  1.5 years, she has had a b1/b2 10 year tourist visa for all of our visits for the past 7 years.  We have decided that we are moving permanently back to the states and she will want to have a permanent status and work eventually but that can wait..  we don't have a lot of time to stay in Thailand  as i need to get back within 30 to work and i dont want to go back with out her, my kids already have american passports.

 

Question is... Is it OK for her to process a green card while in the states on a tourist visa b1/b2?. I don't want to do anything wrong? is there anyone that has had this dilemma? Please advise if you can..

[bigluke45]

That was 30 days that i need to get back.. sorry for the typo..

[Thanyaburi Mac]

In your stated circumstances, using a tourist visa for your wife to enter the U.S. then apply for a Green Card, aka Adjustment of Status, would not be proper, and would likely be rejected by U.S. immigration.  Note, I say "likely" as some folks do manage to slip through this gate.  Really depends on what is said at the CIS interview.

 

The important point is that use of a tourist visa is just that, for a short term stay for tourism.  Use to jump the more normal queue for an immigrant visa is improper use of a tourist visa.

 

Note, too, that since you appear to be resident in Thailand, you could file for your wife's immigrant visa at the local CIS office on Wireless Road.  File there, in a week or so, it's sent to the Consular Section at the embassy for processing.  Assuming that you meet all the criteria, financial, place to stay in the U.S., etc, the process can be completed in about three months.

 

Take a wander through www.visajourney.com    Do a search for:

 

--  Adjustment of Status

 

--  Consular Direct Filing

 

Here's one hit for the latter:  

 

--  https://travel.state.gov/content/visas/en/immigrate/immigrant-process/petition/file/filing-immigrant-petitions-outside-the-u-s.html

 

another one:

 

--  http://www.visajourney.com/content/dcf

 

Mac

[sirineou]

It might take a little longer dealing with it on the US side but at least you will all be together. 

I would consult an immigration attorney in the US , a telephone consultation should not cost very much , it might even be free.

Check your state's bar association's website for referrals. 

 

[Thanyaburi Mac]

Here's an earlier thread on the subject:

 

 

Mac

 

 

[bigluke45]

Thank you for the fast response to get me going, i guess if we have too, i can go over with the kids first then have my wife can continue the process for the DCF I-130 filins, it would be much better if we can all go together for the kids, i will consult an immigration lawyer and see, maybe i have a "special case" as my wife and i share taking care of the kids while the other works.