I plan on bringing my thai wife to live with me in the USA..Need some help!!

[barrysworld59]

So, I have lived here in Thailand for about 5 years and have been married to my thai lady for 3 years here in Thailand. We just got back from New York in July 2018 on a multi-year tourist visa, had no problem as she is a good lady and has same job in accounting for 7 years..But now, I have a new granddaughter and have some medical issues and have my medicare benefits in the USA...In any event i am not sure how to go about the process.We plan on moving in about a year from now and I would like some help in figuring out what type of visa??,she needs what forms?? How long will it take to get temporary green card for her?? and about how long the process can take?? Of course, I am an American citizen and have lived ther all my life aside from these last 5 years.Thank you in advance for any help you guys can provide..I am living here now on a marriage visa, but need to go home for awhile with my wife..Happy Holidays, everyone!!

[lopburi3]

Start the process here and file I-130

https://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

 

The office is next door to Embassy Visa Section in Bangkok

https://www.uscis.gov/about-us/find-uscis-office/international-offices/planning-your-visit-uscis-bangkok-field-office

 

Do not know current time to obtain clearance but once obtained she would apply for an immigrant visa for actual travel to USA.

 

[khwaibah]

What you're after is an IR 1 visa. There have been reports on TV of only taking 100 days. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

[GinBoy2]

1 hour ago, lopburi3 said:

Start the process here and file I-130

https://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

 

The office is next door to Embassy Visa Section in Bangkok

https://www.uscis.gov/about-us/find-uscis-office/international-offices/planning-your-visit-uscis-bangkok-field-office

 

Do not know current time to obtain clearance but once obtained she would apply for an immigrant visa for actual travel to USA.

 

This was our actual timeline back in 2017, dought much has changed with timing if filing in BKK as Direct Consular Filing

 

https://www.thaivisa.com/forum/topic/1044223-bangkok-cr-1-application-experience/?tab=comments#comment-13099341

 

[barrysworld59]

Thanks for your help..That's a good starting point for me..I was wondering if I have to register our marriage with the US Embassy first??

When we filed for her "tourist visa"we alreready brought documents of our marriage translated in english, but I don't even know if they even looked at them when my wife went for her interview.It only took less than 5 minutes and I'm just not sure if that is pertinent to register officially or not..Excuse me for my ignorance in this matter!!

[khwaibah]

4 minutes ago, barrysworld59 said:

Thanks for your help..That's a good starting point for me..I was wondering if I have to register our marriage with the US Embassy first??

When we filed for her "tourist visa"we alreready brought documents of our marriage translated in english, but I don't even know if they even looked at them when my wife went for her interview.It only took less than 5 minutes and I'm just not sure if that is pertinent to register officially or not..Excuse me for my ignorance in this matter!!

 

You do not register a marriage at the  US embassy.

Edited December 25, 2018 by khwaibah

[barrysworld59]

Thanks!! One less thing I have to deal with!!

 

[lopburi3]

Your marriage was registered at a District Office and that is legal in USA.  Believe copy/translation/MFA seal may be part of the I-130 process (but was long ago so do not remember).  Her birth certificate, or alternative, I do remember as being required

[barrysworld59]

ok, now, I am really confused..Our marriage was processed at the local Amphur in Banglamung. You're saying that that alone makes our marriage bonafide in the states.??? I do not have to register our marriage at all??

[khwaibah]

4 minutes ago, barrysworld59 said:

ok, now, I am really confused..Our marriage was processed at the local Amphur in Banglamung. You're saying that that alone makes our marriage bonafide in the states.??? I do not have to register our marriage at all??

 

Yes. You marriage certificate by itself will service if questioned. You never regeister a Thai marriage at the US embassy. You wife received a 10 year multi and she submitted this certificate by your own statement as proof of being married. All Thai marriages aka legal are recognized by the USA.

[barrysworld59]

ok, Thanks, just wanted to be sure about that!!!

 

[lopburi3]

Contact USCIS office or read up on the I-130 process - you will need proof of marriage and if either previously married proof of that ending.  They should be able to provide exact list for Thailand and what alternative options are available if required.  Be sure they know you live full time in Thailand - they refused to process me because I departed every 3 months for visa runs on retirement (did not know about extensions), but even doing by mail to US did not take too long (and probably good as decided to stay here during that period).  You will need a lot of bio data on wife and her family and dates/places so you may want to start getting that information together.  

[taxout]

You mention Medicare for yourself being a factor in your return. I'd also look carefully into the costs of insuring your wife in the US. Obamacare is expensive and leaves a lot of gaps for the insured to pay. And it may not be around in the long term. For Medicare at age 65 you generally need to have 10 years of work in the US (though under some conditions you can buy in). Point is, insurance and other medical and dental costs can easily upset your financial planning.

[GinBoy2]

7 hours ago, taxout said:

You mention Medicare for yourself being a factor in your return. I'd also look carefully into the costs of insuring your wife in the US. Obamacare is expensive and leaves a lot of gaps for the insured to pay. And it may not be around in the long term. For Medicare at age 65 you generally need to have 10 years of work in the US (though under some conditions you can buy in). Point is, insurance and other medical and dental costs can easily upset your financial planning.

Bit of a mixed bag there.

 

Now granted our healthcare system is bizarre to the extreme, but for the OP I'd offer this.

 

When we first got back to the US neither of us worked, so we were living on savings and investment income. Obamacare doesn't care about your net worth, only the 'income' you declare on your 1040.

 

For us at least, the premium tax credit handily paid for a bronze plan with zero monthly premium before my wife started working, then her health insurance kicked in to pay for the two of us.

 

To put in in perspective. When we were on an exchange plan, the deductible was horrendous, but going to an regular Dr visit cost $35, and preventative stuff was covered, and for the annual deductible thats why God invented either money in the bank, or a credit card!

 

My wife now works for the Fed's, so we get premo coverage, but I wouldn't slam Obamacare outta hand, worked fine for us when we needed it

[barrysworld59]

Thanks for your help..I am 69 years old and collecting SS Disability payments and all my medical is paid for..In addition when we move back to US Medi-cal will cover what they now take out of my benefits..I am aware that my wife will need to get some sort of health coverage so I will have to deal with those costs until, hopefully she can get a job with health coverage after some time..I do realize that she would have to work and pay taxes for 10 years, even though,some people have told me it was 5 years, while others have said it's 25 years??..I am also allowed to work part-time as long as I don't make over the limit..I know it's a little risky to go back without some hefty back-up funds, but I do have my family there that can help me out if I need it..Thanks again

[barrysworld59]

In regards to my permanent residence..I have a marriage visa & have been living here permanently for the last 5 years.I only go back once a year to visit my family.This past summer, I brought my wife too, on a tourist visa so she made copies of all documents that were necessary including marriage and past divorce documents for both of us, so I think that will help..My other concern is I still have my official mailing address to my daughter's home in California..Do I need to show that I have a place to stay in the USA?? I plan on finding a temporary place to stay has her home is too small, but does USCIS require you give them an address in the USAwhere you will be staying..If so, I can use my daughter's address?? I'm not sure how that works,but I have time as we are not doing this move until the end of 2019..Thanks again, everybody!!

[lopburi3]

I do not see any problem on I-130 but when I did owned a home in Florida.  But as you are retired age getting SS that should be all that is required (believe have to be some income at some point).  Form lists primary mailing as in care of so sisters address should be fine - you have to list all address for last 5 years so maybe your last US and those here.  I would contact USCIS after the holidays to get full details as believe they will be helpful - I had a temporary worker who did not want to do but later visit to actual officer was very friendly (and it really did not make much difference in time then).

[barrysworld59]

Good news, thanks..I will contact them in the next few weeks..That's a good tip..I'm glad I can also get some helpful advice..You've been a great help!! Happy New Year!!

[GinBoy2]

With regard to residency, as part of the application you need to show that you have residence, or a plan to establish a residency within 6 months. For me it was a non issue since i'd always maintained property in the US. I 'think' your daughters address is fine, and if you have voted that's a plus. Showing a current voter registration is good.

You will have to show income to support your wife, either in the form of your disability payments, assets or a combination. As I remember it, income needs to be 125% of poverty level, or assets of 3x that amount. You fill out an affidavit of support as part of the application.

 

Now the paperwork isn't hard, but I'm lazy and paid a preparer to do it all for me They took care of everything, required documents, translations and getting all the submissions in order. I just turned up when required and paid the fees.

Now this is the Federal Government we're dealing with here, so they can be picky. Get something wrong and your back at the start, thereby lengthening the process

 

 

[barrysworld59]

Thanks for all that pertinent information, so here is my problem..According to your comment as to support for my wife, I do not meet those standards, My disability is my only income and that falls far short of the poverty level for 2 people.. My assets+income don't add up to 3X the poverty level, assuming that I am not allowed to use my property in Thailand as assets, although, I'm not sure if I can use it or not. The "chinote" is in my name only!!!

    My 2nd question is I cannot afford an attorney to do all of this paperwork, so I would also like to use a "preparer"..Can you recommend one as I realize that some so called preparers know less than I do???

    Finally, do I have any alternatives, such as "sponsorship or co-sponsorship..Is that a better way to go?? Thanks in advance and Happy New Year to all!!

[GinBoy2]

3 hours ago, barrysworld59 said:

Thanks for all that pertinent information, so here is my problem..According to your comment as to support for my wife, I do not meet those standards, My disability is my only income and that falls far short of the poverty level for 2 people.. My assets+income don't add up to 3X the poverty level, assuming that I am not allowed to use my property in Thailand as assets, although, I'm not sure if I can use it or not. The "chinote" is in my name only!!!

    My 2nd question is I cannot afford an attorney to do all of this paperwork, so I would also like to use a "preparer"..Can you recommend one as I realize that some so called preparers know less than I do???

    Finally, do I have any alternatives, such as "sponsorship or co-sponsorship..Is that a better way to go?? Thanks in advance and Happy New Year to all!!

So to answer as best I can.

 

Use of your assets in Thailand, not sure but i sincerely doubt it. Other may know better than me. Using the asset route, the CO needs to be convinced that those assets are available to be liquidated in order to provide support. Thai assets may not convince him/her of that!

 

You can have a co-sponsor for the support affidavit. Family members are best I would suggest, since the co-sponsor is on the hook for the two years of support just like you. When I was in the office of our preparer, I was was talking to a guy who sounds much like you, and he was having his son as the co-sponsor. Both of you will need to cough up the last 3 years of tax return transcripts, and Yes that's transcripts, not copies of your 1040's.

On a side note, I'd always filed using my Thai address and could never get the online IRS transcript service to work, and ended up requesting them by mail. I'm told that's a common problem

 

The costs, since it sounds like you are on a budget might be prohibitive to use any preparation service. I can't remember exactly how much it cost us, but I think it was in the ฿40-50K range, but again don't quote me on that

 

Hope that helps some

[barrysworld59]

Thanks, you are a great help,as far as my tax filings, I have not filed taxes since I was granted disability benefits when I retired 7 years ago, as my benefits are exempt from taxes..

  Also, I have been married for over 3 years in my local Amphur and have marriage certificate translated to English already as we needed it for the tourist visa.She has saved all copies of documents from our recent vacation to New York this past summer.

   As far as help preparing these documents, I just might have to come up with the money for a preparer..It really is more than I can handle considering all the other costs, but I don't want to make the same mistakes that many others have made by making  a stupid mistake..I will be 70 years old next week, and my mind is not as sharp as it once was!!!

                                            Thanks again,

                                              Barry

[flewis25200]

For the validity of a marriage, US law looks to the country where the marriage took place so long at that country's law is not against US public policy - polygamy etc.  In your case  USCIS will consider your marriage to be valid, if it is valid in Thailand.  You will file Petition for an alien relative - Form I-130.  I see other posters have already provided the links for the form.  Please ensure that you use the most current form and follow the instructions for the form.  Once approved, you will need to file Immigrant Visa Application -  Form DS-230 with the US Department of State.  Once your wife arrives in the USA, she will be processed at the airport and issued paperwork for the Greencard.  The Greencard generally will arrive at your US address in about a month.  You wife can file for her citizenship 33 months after the date of issuance on her Greencard.  She must work 40 quarters to be eligible for Medicare and Social Security.

[barrysworld59]

Thanks, yes, it is legal in Thailand. In fact we already used it this past summer when she got her tourist visa,so it has been certified and translated to English this past summer..I already printed out the I-130 application,but do you know at what point they will want support information,as I might need to have my daughter sponsor me as I do not meet the financial requirements, as I've been told that I cannot use my property here in Thailand as an asset?? Thanks for your help and let me know if you have any knowledge about the financial support of my wife and what I can do to get it right on my first try!!

 

[davhend25]

On 12/27/2018 at 5:58 PM, GinBoy2 said:

Now the paperwork isn't hard, but I'm lazy and paid a preparer to do it all for me They took care of everything, required documents, translations and getting all the submissions in order. I just turned up when required and paid the fees.

Now this is the Federal Government we're dealing with here, so they can be picky. Get something wrong and your back at the start, thereby lengthening the process

 

 

May I ask who you used for this process?

 

[GinBoy2]

4 minutes ago, davhend25 said:

May I ask who you used for this process?

 

Check your messages

[Laorex]

Congratulations, sounds like you found the one.

 From experience, get a fiancé visa for her. Go to USA, get married, she will be qualified to have a green card, also known as a US resident card. Good luck getting her to USA. Took 6 months for us in Lao 15 years ago. SS is what you paid in. Works as advertised, for now.

[Hank Gunn]

8 minutes ago, Laorex said:

Congratulations, sounds like you found the one.

 From experience, get a fiancé visa for her. Go to USA, get married, she will be qualified to have a green card, also known as a US resident card. Good luck getting her to USA. Took 6 months for us in Lao 15 years ago. SS is what you paid in. Works as advertised, for now.

I did this a dozen year ago, back in '07. Brought my wife to the US on a K-1/fiance visa. It also took me about 6 months to get her to the US. I was told at the time that the barrier to entry with a fiance visa vs. a marriage visa was lower, since there is less chance of there being a "sham" marriage of convenience in the eyes of the USCIS.

 

Whatever path you take, good luck. Also, I can't agree enough with what user flewis25200 said in his post (# 23): "You wife can file for her citizenship 33 months after the date of issuance on her Greencard." My wife now has dual citizenship and it has made our lives so much easer in our travels and opens up your wife to benefits too.