I am an American Citizen from Seattle area and am engaged to a Thai National. She has worked off shores for a US company, Carnival Cruise Lines for four years on a C1/D visa. She and I whent to visit my parents in Seattle this past Dec - Feb, she was on a 10 year B1/B2 Visa. We are both currently in Thailand and plan to get married here July 7, 2007. Our plan was to have her come to the US on her B1/B2 visa and to get married legally in the US soon after and have her status then changed and then apply for a green card.

The problem. Her Passport has recently been lost. We have copies of the passport and the C1/D Visa but not of the B1/B2 Visa. This changes things for us. She will apply for a new passport but we are qurious, should we now get married legally in Thailand?

I don't know if we should go for a K1 or K3 Visa.

We want to both be working as fast as possible in the US. For me this is not a problem but she must wait for a green card.

If she comes on a K1 Visa and we get legally married in the US, how long does it take to get a green card?

Would it be faster to get married in Thailand now and get the process started, and then come on a K3 Visa?

And... What are her chances of being able to re-obtain the B1/B2 Visa?

Thank you for any help...

Jeremy

Your original plan, though legal in itself, would have required you to sign sworn statements that you did not intend to get married when you entered the country, necessitating you to perjure yourself. Will not comment further.

Your gf getting a new B1/B2 visa is problematic. Do you live in Thailand? have a job or other ties to Thailand? If not the reviewing officer will be very suspicious (correctly it turns out) of her intent to return. You could try and see if they will just replace it without requiring a full blown application which may show her lack of ties to Thailand which she seemed to have had at one time.

If you have lived in Thailand for a year and can prove that with work permits, house lease, etc. you are eligible to file the I-130 petition with USCIS in Bangkok who will forward on to consulate for their processing. Total time is around 3 months; mostly it appears waiting for interview at consulate.

Otherwise, your only choices are the spouse (K3) or fiancé (K1) visa through a US service center. Not sure how long, maybe 8-12+ months or so?

TH