So my Thai wife has a 10 year tourist visa to the states. She is making the move back to the USA for the kids' education, and I will be following after in a few months.

 

She had a green card 7-8 years ago, but we cancelled it when we moved back here. I'm wondering if we should apply for her green card here or head back to the states on the tourist visa and then apply for the green card. Not sure how much COVID and the new administration has changed everything since the last time. Any tips would be greatly appreciated. Thanks in advance!

Apply for an IR1 Visa at the US Embassy in Thailand. Normally it would take about 3 months. Seeing you have been married for more than 2 years you do NOT apply for CR1 Visa which is a 2 year conditional green card.

 

Inside the US, it is slow going and could easily have wait times that would be longer than her tourist visa (6 months) would allow her to stay, so you will be dealing with another issue.

 

 

1 minute ago, Moonfire said:

Apply for an IR1 Visa at the US Embassy in Thailand. Normally it would take about 3 months. Seeing you have been married for more than 2 years you do NOT apply for CR1 Visa which is a 2 year conditional green card.

 

Inside the US, it is slow going and could easily have wait times that would be longer than her tourist visa (6 months) would allow her to stay, so you will be dealing with another issue.

 

 

Not quite right anymore.

 

You don't apply for a IR-1 at the embassy, it's done through USCIS, the embassy only gets involved when it comes to the interview.

 

Unfortunately the Trump administration closed all overseas USCIS offices, including the one in Bangkok, so the application has to be made through one of the lockbox locations in the US.

 

Cancelling that green card may well have been a mistake, because I 'think' the OP will need to start a new I-130 to petition for his wife. Current processing time is around 10-12 months.

 

https://egov.uscis.gov/processing-times/

 

As for entering on a tourist visa then trying for an adjustment of status is just a recipe for disaster, and could result in a permanent ban if, as seems the case, it was deemed simply designed to circumvent the immigration process

Ginboy2 is correct:

 

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

 

Thailand - USCIS Bangkok Field Office

ALERT: USCIS issued guidance (PDF, 316 KB), effective Feb 1, 2020, delegating authority to the Department of State (DOS) to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS. This guidance, which applies even in countries with a USCIS presence, can be found in the USCIS Policy Manual, Volume 6, Part B Chapter 3.

As of Feb. 1, 2020, USCIS will no longer accept and adjudicate routine Form I-130 petitions at its remaining international field offices. Petitioners residing overseas who are unable to file with DOS must file Form I-130 by mail with the USCIS lockbox facility in Dallas or online using the USCIS website.

 

 

 

"...for the kid's education..."

Currently for the short term (depending on the state and county in the USA), a worthwhile and safe education may not be optimal with covid 19 pandemic.

Get a complete idea what the education system will become through 2020 if that is your sole reason for move to US.

7 minutes ago, Srikcir said:

"...for the kid's education..."

Currently for the short term (depending on the state and county in the USA), a worthwhile and safe education may not be optimal with covid 19 pandemic.

Get a complete idea what the education system will become through 2020 if that is your sole reason for move to US.

Indeed, but he's got a long row to hoe before his wife and kid even get to the US, probably looking at 12 months.

I'm assuming that the child is a US citizen, but that doesn't help the I-130 timeline for Mom

 

Hopefully by that time this nightmare will have subsided, with either a vaccine or therapeutics, hopefully both, and the education system nationwide will be back to normal

9 hours ago, GinBoy2 said:

Indeed, but he's got a long row to hoe before his wife and kid even get to the US, probably looking at 12 months.

I'm assuming that the child is a US citizen, but that doesn't help the I-130 timeline for Mom

 

Hopefully by that time this nightmare will have subsided, with either a vaccine or therapeutics, hopefully both, and the education system nationwide will be back to normal

I would not rely on that or anything else regarding the USA until Trump has gone. Do you really want to live in the US while Trump is president?

46 minutes ago, condobrit001 said:

I would not rely on that or anything else regarding the USA until Trump has gone. Do you really want to live in the US while Trump is president?

I second that approach.  Hang tight for six months.  In the meantime, you might be well served to find a good immigration attorney in the U.S. in the city where you will be living.  She/he will be able to give you advice as to timing and where to re-engage with USCIS and what you can expect given the first green card was canceled.

On 7/16/2020 at 3:04 PM, Balance said:

I second that approach.  Hang tight for six months.  In the meantime, you might be well served to find a good immigration attorney in the U.S. in the city where you will be living.  She/he will be able to give you advice as to timing and where to re-engage with USCIS and what you can expect given the first green card was canceled.

I would second the notion of getting an immigration attorney. 

 

These days it doesn't take much for them to pick holes in an I-130, so knowing exactly how to explain and respond to the previous green card cancellation would be, in my mind at least, be well worth the money

I just want to add that a friend of mine had her greencard interview appointment canceled two months ago, three days beforehand in the US due to covid and hasn't been given another appointment date as of yet.