US Visa for Thai Spouse (K3)-Advice urgently needed

[phuketsub]

I plan to travel to the US in June with my wife and daughter, who will be attending high school there and living with my sister.

 

My wife has been to the US twice during our 15 years of marriage and  don't remember the application process being difficult in the past, but now it seems like a nightmare.

 

For a start, from what I can pull together from the US Govt Website, it appears that I will need to first send an I-130  Form to the US department of home security in Dallas, since they don't offer the service in Bangkok anymore. 

 

Additional online sources say it takes 5-12 months!

 

I really don't understand it...also, I don't understand why she has t apply for an immigrant visa when she has no intention of immigrating there.

 

I tried to call the embassy, but got a woman who seemed to have a Filiino accent and she told me that it was up to me and I had to do it on-line myself and that she couldn't give me any advice or further information.

 

God, has anybody else been through this? Is there an easier way?

 

I am thoroughly frustrated.

 

Any help VERY MUCH APPRECIATED.

[cmarshall]

You might get a response here from someone who has been through it recently, but a better source for discussion on current USCIS practices do a search on "US immigration forum."  There are loads of websites, usually set up by immigration law firms, where people share their information.

 

[Shot]

You don't need an I-130.

 

From US Immigrations Services: "Submitting Form I-130 is the first step in helping an eligible relative apply to immigrate to the United States and get Green Card."

 

She should apply for a Nonimmigrant B2 Tourist Visa by filling out the DS-160. All the information you need is here > https://th.usembassy.gov/visas/nonimmigrant-visas/

 

[Dustdevil]

Excellent responses. I had a simpler case in 1996 after my Chinese Malaysian wife had been living with me in Saudi Arabia for two years. The paperwork and issuance of her visa were relatively swift (she went ahead of me alone to the States, for which you can blame her, getting out of the Tragic Kingdom ASAP). She subsequently obtained PR (green card based on marriage to a US citizen). A different situation and a different era.

[rfukata]

I petitioned my wife (about 10yrs ago) on a k3 from bangkok using a US immigration lawyer based in

Thailand.

 

If you are only going to the US w/wife to send your daughter for school and not immigrating there

you should apply for a non-immigrant B visa.  But if your intentions are to stay permanently then you

should apply for the k3.

 

The situation for myself was that I couldn't obtain an b2 non immigrant visa for my wife to visit the US

at that time therefore the only option was to get the immigrant k3 visa.  As I remember you get an

green card IR1 (Immediate relative) status green card over the CR (conditional green card) and subsequent after 3 years the wife can apply for US citizenship.  The timing or wait period at that time

I think took at least 9 month with various interviews, paperwork, medical checkup etc..  it appears

according to recent US news that all visa's and immigrant fees has risen.

 

good luck

 

 

 

 

[Manny]

K you need the last honest lawyer who is an absolute genius at this stuff and often lectures other lawyers at conventions and around the country in USA. He is a wonderful human being who does not overcharge in fact he undercharges. Lawyers are liars but David Jones is the best immigration lawyer you could ever wish for. Call him he will explain your fast track options to save you much time & money. Do not attempt to do it yourself OK. One mistake and you waste much time and money. David has done it 1000 times & is a gun.  

 

https://www.fisherphillips.com/attorneys-djones

[lopburi3]

As said your wife will just be making a short visit in my reading so only a tourist visa is required and that does not involve anything but making application at the Consulate and getting the visa.  Make sure her and your ties to living in Thailand are obvious and that she has traveled and returned before.  Should not require any lawyers and have her be able and answer questions (make sure she knows details of visit).  

 

Did she use a tourist visa previously?  Normally they are issued with a 10 year validity so do not have to go through this for each trip.

[phuketsub]

God, I feel so embarrassed. Why did I think I needed a non-imm when a tourist visa would have sufficed?..just as it did on her previous two visits!

 

I think the problem is that my brain just sort of froze, then got stuck in that state due to frustration. Total time lost is probably about 4 hours.

 

Anyway, the tourist B1/B2 process is now underway and, thank god, I won't need a lawyer. [no matter how highly recommended ????