I've asked her to marry me. CR1 or K1 visa to USA?

[Elkski]

I know the advantages of staying in Thailand versus bringing a woman to America so Don't lecture me on all of the details and risks I'm taking.  I do plan on using a prenuptial agreement and have talked about this with her. Yes she's different but aren't they all. 

 

I have read about the differences of the cr1 vs. K1 Visa but I'm asking you guys which route do you think is the best? what details do you need to know to make this decision.  

Does anyone know the current time frame I have read that it has been slowed down considerably due to the underfunding on purpose by team rump. 

[La Migra]

It somewhat comes down to where do you want to live, how soon do you want to marry?  Are you planning to live in US or Thailand.

K-1, she will wait in Thailand until visa approved. Then once married in US, wait there until CR-1 approved. 

Married in Thailand, she could, theoretically, apply for visitor visa and travel to US sooner, while waiting for approval of immigration application.

[Elkski]

Dated her 20 months.   Given Thailand's current state of affairs and my nice life in Utah we think living here is best.  She was declined a tourist visa sep 2018.  I think low savings and no real tie to Thailand and maybe to beautiful.   Really no rush.   I hope to be able to visit every 4 months either way.   

Edited October 24, 2019 by Elkski
Image from last evening.

[La Migra]

Everything smooth; 5-7 months on a K-1, probably a bit longer for a CR-1.

However, once she is your wife - more likely she will be approved a visitor visa.  Probably denied before because as you say..... But if married, her situation has changed. 

 

 

[GinBoy2]

10 hours ago, La Migra said:

It somewhat comes down to where do you want to live, how soon do you want to marry?  Are you planning to live in US or Thailand.

K-1, she will wait in Thailand until visa approved. Then once married in US, wait there until CR-1 approved. 

Married in Thailand, she could, theoretically, apply for visitor visa and travel to US sooner, while waiting for approval of immigration application.

That would be an absolute no no.

 

Never try to enter the US while there is an ongoing immigrant visa, That will set off all sorts of alarm bells that she is going to circumvent the immigration process and apply for an adjustment of status 

[Elkski]

7 months for K1 would  be great. I thought I've read more like 10 or 12 months. And I've heard Trump has not funded or staffed immigration very well so there is a longer backlog now? 

[La Migra]

5 hours ago, Elkski said:

7 months for K1 would  be great. I thought I've read more like 10 or 12 months. And I've heard Trump has not funded or staffed immigration very well so there is a longer backlog now? 

I was checking the USCIS average processing times posted for Dallas.  USCIS is mostly fee funded, and the intake processing is largely contractors - and I haven't heard of them cutting personnel or contracts.

However the administration has set up more requirements (public charge and health insurance) so it might take more time.  Plus, yes, a general anti-immigrant feel, so things might be slow-rolled.

[La Migra]

12 hours ago, GinBoy2 said:

Never try to enter the US while there is an ongoing immigrant visa, That will set off all sorts of alarm bells that she is going to circumvent the immigration process and apply for an adjustment of status 

I would disagree. 2 scenarios, first the USC lives in the US and the spouse applies for tourist visa only. This looks, as you suggest, they are trying to circumvent the process and will apply for adjustment once in US. Deny

2. Same set up, but apply for CR-1, then the tourist visa - while awaiting for decision. They are showing they are NOT trying to circumvent the process, they are following the process. So a, maybe.

Looking back at OP options: 1. she is not getting a tourist visa on her own. 2. K-1, once applied for, will have to wait until approved. 3. Marry and just apply for just tourist visa, will be denied b/c OP lives in US. (circumvent the process) 4. Marry, apply CR-1, then visitor visa, or K-3 - that is a maybe.

Edited October 25, 2019 by La Migra

[Elkski]

I read about  the new  public charge  rules but dont see how they apply to a thai woman who has had a long term job, no health  issues  and I haven't been using any listed public assistance other than enrollment in the market place health  care.   

https://www.kff.org/disparities-policy/fact-sheet/public-charge-policies-for-immigrants-implications-for-health-coverage/

 

As for showing ability to  get health  insurance  that is still lacking guidance.  

https://www.healthinsurance.org/obamacare/how-immigrants-are-getting-health-coverage/

 

I guess it might have been better to apply a year ago although we didn't know each other long enough to satisfy me.  

 

Just another reason to hate T rump

  

[sirineou]

 I only know about the K1 process because that's what we used and it was 10 years ago.

IMO it is better because after she is issued a K1 visa and comes to the US, everything else occurs and is documented in the US .

Apply for a K1 visa by downloading and filling up application, make sure you send fee.

Make sure you read the following flow chart 

https://www.visajourney.com/content/k1flow/

Download the forms here

https://www.visajourney.com/sitesearch/?cx=partner-pub-3407508467788263%3A9725800110&cof=FORID%3A10&ie=UTF-8&q=ki+forms&sa=Search

 -Make sure you document the relationship with plenty of pictures from your visits there, airline receipts, hotel receipts and anything that will show your relationship to each other,

 -once she is awarded the K1 visa and arrives in the US immediately, even at the airport immigration apply for temporary social security card, and permission to travel back and re-enter in case of emergency. (you never know what happens and she needs to travel back to Thailand ) .

Get married ASAP (civil wedding plenty of time for parties and big weddings later) and apply for a "Change of status " to get the ball rolling. 

Use temporary Social Security number to get work permit, and drivers licence  if desired. Even if not needed a part time job at the local Thai restaurant will allow her to associate with people from her own county and would make the transition much easier IMO, that's what we did, 

   in about three months (not sure of the timeline now) will get temporary Green card. Two years later she will get permanente, Green Card, about three years later US citizenship. 

 

This is a forum for visas in the US in Thai, it would be good for your fiance to chat with others in Thailand going through this, get advice and support,

http://www.usvisa4thai.com/board/

 

The process is straightforward, and if you take the time and read the instructions you should have no problem.

Good luck

 

 

 

Edited October 26, 2019 by sirineou

[Number 6]

I think it's 8-10! months at best. You can't DCF.

 

CR1 would be my choice

 

Do not bother with her visiting states. I think on K1 it's literally a deal killer. Go see her or wait.

 

Personally, I'd never bring a Thai woman to States without living with her for a minimum of five years and her over 40 years old. Just my 2 satang.

Edited October 26, 2019 by Number 6

[GinBoy2]

44 minutes ago, Number 6 said:

I think it's 8-10! months at best. You can't DCF.

 

CR1 would be my choice

 

Do not bother with her visiting states. I think on K1 it's literally a deal killer. Go see her or wait.

 

Personally, I'd never bring a Thai woman to States without living with her for a minimum of five years and her over 40 years old. Just my 2 satang.

Most of us that have lived in Thailand go down the CR-1 route, since we're already married and generally lived together a long time, so you know what your'e getting into

 

But if you haven't actually lived together, and this has been a vacation type romance, I'd do the K1.

 

That way you benefit from the 90 day 'buyers remorse' clause.

 

As for timing, I think right now any immigrant application you are looking at 12 months

[Elkski]

Thanks for advice.  I have known this woman 21 months. Only spent 50 d as us together but talk everyday.   She is not the   first thai woman I've met.   I spent 5-6 months in Thailand  total last 40 months.    I do worry about bringing  a younger beauty to USA.  What if I get married but denied a CR1?

[JAFO]

Good Luck Elkski.

 

 

[bkk6060]

It took my friend 15 months for K1. He went thru an attorney here in Thailand told me it cost US $4,000.

Then, a long wait of 6 months in the US for next step approval.

She cannot leave the country during this time.

Much more vetting now with current US administration.

He told me she was going crazy almost just tried to take off on her own.

Also, there is a one on one English test at the embassy prior.  Hope she can speak if not, you may have to pay for English lessons like my buddy did.

 

Good luck.

 

As far as any tourist Visa they are a big zero if under 40. Even then good luck.

Every last guy I know who has tried to get their gf to the US has been denied TV. Most, several times.

 

 

 

Edited November 3, 2019 by bkk6060

[sirineou]

14 minutes ago, bkk6060 said:

It took my friend 15 months for K1. He went thru an attorney here in Thailand told me it cost US $4,000.

Then, a long wait of 6 months in the US for next step approval.

She cannot leave the country during this time.

Much more vetting now with current US administration.

He told me she was going crazy almost just tried to take off on her own.

Also, there is a one on one English test at the embassy prior.  Hope she can speak if not, you may have to pay for English lessons like my buddy did.

 

Good luck.

 

As far as any tourist Visa they are a big zero if under 40. Even then good luck.

Every last guy I know who has tried to get their gf to the US has been denied TV. Most, several times.

 

 

 

  Not necessary for attorney unless you have money to throw away , or is useless  with filling forms, because that's all an attorney will do, Fill the forms for you. The attorney cant even go in with her for the interview.

When we did it the process was straightforward. Took about a year.

  I am not sure if things have changed but when my then fiance, now wife went for her interview she had the option to have it in english or Thai.

 

 

[bkk6060]

19 minutes ago, sirineou said:

  Not necessary for attorney unless you have money to throw away , or is useless  with filling forms, because that's all an attorney will do, Fill the forms for you. The attorney cant even go in with her for the interview.

When we did it the process was straightforward. Took about a year.

  I am not sure if things have changed but when my then fiance, now wife went for her interview she had the option to have it in english or Thai.

 

 

I disagree.

Things have changed in 10 years.

The attorney he went through said he had done over 2,000 of the K1ś, and not one was ever rejected.

He added, several of his clients reported trying on their own prior, only to get rejected.

Could be just lawyer speak.

But, it is certainly important to make sure you are wording your answers correctly and providing all the proper info/documents requested. It is a big commitment with the males financial, work, marriage history, references, family and other documentation required.

Add, the best way to answer the interview questions.

 

I sure would not want to go thru the process and all that wait time, then get rejected.

 

Seems worth the investment to me to get good legal advise on this important time consuming issue.

 

 

 

Edited November 3, 2019 by bkk6060

[sirineou]

10 minutes ago, bkk6060 said:

I disagree.

Things have changed in 10 years.

The attorney he went through said he had done over 2,000 of the K1ś, and not one was ever rejected.

He added, several of his clients reported trying on their own prior, only to get rejected.

Could be just lawyer speak.

But, it is certainly important to make sure you are wording your answers correctly and providing all the proper info/documents requested. It is a big commitment with the males financial, work, marriage history, references, family and other documentation required.

Add, the best way to answer the interview questions.

 

I sure would not want to go thru the process and all that wait time, then get rejected.

 

Seems worth the investment to me to get good legal advise on this important time consuming issue.

 

 

 

Of course it is lawyer talk.

But you make some valid points.. 

Through my work history and personality,I was comfortable  dealing with forms and following procedure. I can only talk for myself,  But I found the process to be fairly straight forward.

  If the application is a  legitimate one it will not be rejected. It might be delayed while they ask for clarification,but not rejected,  It happened to me,

After the interview (I dont know what happened I was not allowed there)  My fiance got what looked like a rejection, The letter simply said  "rejected for administrative reasons" , we were besides ourselves, because we did not know what it meant, and the embassy would not clarify (what a bunch of jerks (all they had to say was two words)

Anyway I posted on TVF and with in minutes i got replies, It was not rejected while they were looking something UP. a couple of weeks later, I got a call from an investigator who asked me a couple of questions, and a couple of weeks later my fiance got her Visa, 

She was so happy I will never forget that day and the look in her face. 

Ten Years later and she is still the love of my life, 

If you got the money or don't feel comfortable . go for it. Remember, that will not be the only cost, Every time you make a change of status there will be another fee , K1 $535, the the temp green card about $1200,  dont remember if there was a fee for the permanent Green card But every time there is also a biometrics fee of $85

The there was a fee for Citizenship application about $800 

Some one please correct me if my numbers are wrong. 

[Monomial]

5 hours ago, Elkski said:

Thanks for advice.  I have known this woman 21 months. Only spent 50 d as us together but talk everyday.   She is not the   first thai woman I've met.   I spent 5-6 months in Thailand  total last 40 months.    I do worry about bringing  a younger beauty to USA.  What if I get married but denied a CR1?

 

Wouldn't worry about it. If you are financially sound and it is a genuine marriage it will be approved unless there is something wrong with your wife. At worst they'll make you jump through hoops. Make sure you name her as your beneificiary on your life insurance. And if all else fails, you can always have a baby with her. No better way to prove a bonafide marriage than having a child while in wedded bliss.

 

 

[Elkski]

I think the total of the fees is about 2,000 US dollars if you do it yourself. Her English should be adequate.  15 months  would  be painful.  When was that application started if you know ? I'm really wondering what the recent wait times are with the current situation , disaster whatever you want to call it.  I hope under  12 months.   We aware of the 6-month wait for a green card to be able to work.  

[JAFO]

On 11/3/2019 at 3:55 AM, bkk6060 said:

As far as any tourist Visa they are a big zero if under 40. Even then good luck.

Every last guy I know who has tried to get their gf to the US has been denied TV. Most, several times.

While I do not want to cite a debate, my wife (then GF) got a Tourist Visa at 37. She did it all on her own online, did the appt. The only thing I supplied was I would be her guarantor. Cost $160 dollars. We traveled to the US together. As it turned out I was offered a job back in the US while we were visiting and we converted her Tourist Visa and got married in the US and she stayed. We did all the paperwork ourselves. No need for attorneys.  Green card process took about a month, then started the clock to citizenship. IIRC the total cost up to and through citizenship was roughly $4,000.  The govt tends to nickel and dime you on app fees and such. If one adds an immigration attorney and you can probably double that figure and its an absolute waste of money and they will delay it because they make more money by doing so. All the applications are on the USgov site. Its very clear and quite easy. Besides if you do it yourself you will understand the process very well. 

[sirineou]

1 minute ago, JAFO said:

While I do not want to cite a debate, my wife (then GF) got a Tourist Visa at 37. She did it all on her own online, did the appt. The only thing I supplied was I would be her guarantor. Cost $160 dollars. We traveled to the US together. As it turned out I was offered a job back in the US while we were visiting and we converted her Tourist Visa and got married in the US and she stayed. We did all the paperwork ourselves. No need for attorneys.  Green card process took about a month, then started the clock to citizenship. IIRC the total cost up to and through citizenship was roughly $4,000.  The govt tends to nickel and dime you on app fees and such. If one adds an immigration attorney and you can probably double that figure and its an absolute waste of money and they will delay it because they make more money by doing so. All the applications are on the USgov site. Its very clear and quite easy. Besides if you do it yourself you will understand the process very well. 

 Same for as, only my then fiance came to the States via a K1 visa. we did it all ourselves, It was relatively easy and straightforward.

Question: just out of curiosity.

since your fiance came on a tourist visa, and then you got married in the states and filed for a change of status. Did your then wife have to leave the country and re-enter with the proper visa?

[JAFO]

10 minutes ago, sirineou said:

Question: just out of curiosity.

since your fiance came on a tourist visa, and then you got married in the states and filed for a change of status. Did your then wife have to leave the country and re-enter with the proper visa?

No she did not. We did a quick wedding and she immediately became my wife and after applying for her green card she surrendered her Tourist Visa. The only risk in that is if she was denied her green card and they proved the entire thing was a plan to emigrate she would have to leave. All went well. As we were on the up and up. 

[Dan O]

I would suggest you read the info on the Visa types on the website for US Embassy if you have not. K1 is the way to go if you are positive about marriage. It;s faster and cleaner for what you want to do.  Tourist visa's are much harder to get and conversions are also difficult length and probably be denied. Marry legally in the USA and not Thailand or you will have a longer delay. If she has children that are underage she can have them attached at the same time to her visa applications and bring them without the hassle of applyinglater and having a huge delay and possible multiple denials. You must marry within 90 days of arrival and if you do not she will have to leave and it will be extremely difficult to apply again for several years with anyone. You need to prove you are capable of supporting her and not going on government assistance.   You have to have met her within 2 years  (started the relationship) of applying. If she was just an aquaintence of a friend and you really weren't close friends before 2 years that's ok, You will need to have photo's together doing things in Thailand and also text messages or correspondence over that period of time to show a serious relationship. Correspondence showing real relationship dialog is extremely helpful, a bunch of honey I miss you , love you so much doesnt cut it and Pics should be everyday life views, not just selfies but out doing things. The more family oriented photo's with everyday activities the better. Multiple visits to see her are also EXTREMELY helpful. There are several unspoken rules to KI Fiance visa's though. Purely on line relationships will be delayed and\or denied. If she has ever worked in the " service industry" bars, go go's clubs, massage parlors, pool halls,  she will most likely be denied.  If she can not speak English at least on a basic conversational level she will most likely be denied or have extreme delay. She will be grilled on her background and family and work history. Also on other past relationships. Does she have a job? Is there a big age difference between you, those things will all be considered. NO lawyer is necessary despite what they and others will tell you. They can not do anything to speed i up or expedite anything. At best they can review your paperwork t say yes you have all the documents, you can get the same info from the Embassy on what's required. You will be dealing with US Embassy staff not Thai for the visa. They are very good at getting to the heart of is this real going both ways or are you probably getting played. 

 

I believe you said you visited and spent 50 days total. Was that multiple trips or all in one visit  You said you talk every day. You may want to really soul search as this scenerio is common and most find out that living with a Thai woman or seeing her in person in her normal life and routine is polar opposite of an on line relationship.  You can say and present anything and any point of view and feeling for 20 to 30 minutes a day, but that will never show you her true inner views, attitude, approach and character.  Have you met her family and seen her living arrangement.   This is all based on my own direct experience.   

[Elkski]

I'm beginning the K1 visa process. I dragged my feet somewhat because it a big deal to me because it is for marriage so it took some time to think this was the right future for us.    I have returned to visit her 5 times since I met her near Emporium mall 20 months ago.  I just had to go talk to her when I saw her.  I did go to her village home over songkran surprisingly on my first return visit . I was the first foreigner to visit her village they say.  I know where she lives in BKK.  No kids, not a bargirl or party girl. you wont believe me if I told you her dating history.   she is over 40 so a bit set in her ways, headstrong, and stubborn like the men on TV warn about. 

I am a bit worried about my recent income status employment history and my asset portfolio is a bit strong in the home portion which I read cant be considered for support even thought I just completed an 18 month remodel so part can be used as a rental unit.   I would have been better off to sell this one and buy a smaller hacienda.  and a separate rental property. 

 

I am wondering how you put together text of our line chatting. there is quite a bit of X rated talk?  But I think my visits and our travels together indicate a pretty much life changing thing since I met her.    The age difference is not much in Thailand but 17 years is a bit much in USA.  

[Matzzon]

I would give it another 52 month. It´s like an expensive motorbike payment. As long as you pay, you just can´t ride it enough, and when you finally payed it of it off it´s old and boring and your looking for a newer and more exiting one. But Hey, good luck anyway.

Edited November 6, 2019 by Matzzon

[Elkski]

I understand there are different ideas on how to do this... Rent or buy.   

[Elkski]

here is the latest thing tRump has implemented to stop immigration.

https://www.federalregister.gov/documents/2019/10/11/2019-22399/visas-ineligibility-based-on-public-charge-grounds 

[sirineou]

2 minutes ago, Elkski said:

here is the latest thing tRump has implemented to stop immigration.

https://www.federalregister.gov/documents/2019/10/11/2019-22399/visas-ineligibility-based-on-public-charge-grounds 

I don't think this applies in the K1 fiance visa , because as part of the process one has to provide evidence of an ability to support the fiance. 

"Based on the 2018 poverty guidelines, he would require an income of at least $16,240 to meet the K-1 visa income requirements in all states except for Alaska and Hawaii. "

https://citizenpath.com/faq/k-1-visa-income-requirements/

[Elkski]

I think it's 125% of poverty rate like 21,000 a year. But also assets can be used in addition to that somehow that's not explained. But not the value of the house you live in.