US green card CR/IR-1 for wife. my US residency question

[steve2112]

hi, i'm about to start applying for a US green card CR/IR-1 for my thai wife. on a US visa forum, someone said i may have an issue because i've lived in Thailand almost continuously for over 15 years.

 

apparently, some embassies want the applicant (me) to prove they have been resident in the USA recently. does anyone know if Bangkok US embassy has a rule like that? i need to report my recent addresses on the  I-130 application so i guess they will know where i've been

 

 

thx

Edited August 16, 2020 by steve2112

[Pattaya Spotter]

I know of no reason why your residency would have any bearing on the immigration process for your wife assuming everything else is in order. You apply for an immigrant visa (based on marriage) and if she is approved, she will receive her visa and "immigrant package" and when she first enters the US she will be processed by CPB/CIS and if allowed entry, she will received a temporary "green card," and withing 4-6 weeks will receive the permanent one.

[steve2112]

22 hours ago, Pattaya Spotter said:

I know of no reason why your residency would have any bearing on the immigration process for your wife assuming everything else is in order. You apply for an immigrant visa (based on marriage) and if she is approved, she will receive her visa and "immigrant package" and when she first enters the US she will be processed by CPB/CIS and if allowed entry, she will received a temporary "green card," and withing 4-6 weeks will receive the permanent one.

For the I-864, you will need to either:

A) Actually have US domicile...meaning moving back to the US before the visa is issued, OR

B) Show sufficient intent to establish US domicile. This means showing that you have concrete plans to move back at the same time as or before the visa applicant.

 

There are some examples of both of these in the NVC wiki: https://www.visajourney.com/wiki/index.php/NVC_Process

[noise]

Go to the Embassy web site: they explain the process in detail.  The last time I looked, they had posted they were not accepting visa application at this time.

[maprao]

47 minutes ago, noise said:

Go to the Embassy web site: they explain the process in detail.  The last time I looked, they had posted they were not accepting visa application at this time.

Correct. Both non Immigrant and Immigrant visa services are currently suspended. 

 

He can file a petition to a lock box or online. But then everything will grind to a halt 

[mrwebb8825]

Don't mean to hijack this thread but it caught my eye as my wife and I would like to take a trip to the states after this covid-cr@p is over and I have retired (about 2 1/2 more years) but I have no address there and haven't had for the last 19 years that I've lived here. We both have family there so would they need to sponsor us (her) to improve the chances for a visitor visa?

[AAArdvark]

Do you intend to live permanently in the US with your wife?  There are restrictions on how often and how long she can be out of the US.  I asked if my wife could simply make a trip to the US every year and I was told that it might work for a couple of years but eventually immigration would notice and the green card would be canceled. 

[rfukata]

first, as the earlier poster has mentioned, no visa's including immigrant visa are taken at the us embassies now.  secondly, I petitioned a IR-1 thirteen years ago in BKK for my wife and after some time received the approval in BKK.  As I remember you will need (as earlier poster again) mentioned need to have a US domicile as well as need financials proof of x% over the federal poverty level at the given year you apply.  I forgot what the percent is but will need proof.  Among other requirements is a medical physical at either Bamungrund or BKK hospitals (chest X-rays, required vaccinations etc.), police reports and so on.  Your wife will also have an interview during the process before final approval, personal questions, some ability into general knowledge of US etc.  good luck

[GinBoy2]

So, to try to apply some logic to this process.

 

The US embassy has nothing to do with the I-130 application. That is adjudicated by USCIS, and since the closure of the USCIS office in Bangkok last year all applications are made through the lockbox in Dallas(?).

 

The embassy only is involved when it gets to the interview.

 

As for residency. You will need to prove that you are re-establishing residency in the US, register to vote at the very least.

 

Hopefully the OP has been filing taxes and can meet the minimum income requirements.

 

I'm also assuming they have been married (legally) less than 2 years hence the CR-1, which means the greencard is 'conditional', and an I-751 needs to be filed after 2 years to remove conditions to get the 10 year greencard, yet another $500, I know through bitter experience since we just did it!

 

Now the other thing to note is that USCIS has basically ground to a halt, a combination of the Trump administrations drive to stop all immigration and the COVID crisis shuttering offices, so processing times have gone through the roof.

 

The result being that when we submitted an I-130 at USCIS in Bangkok it was all done and approved in 100 days, the best you can hope for is 12 months

[TallGuyJohninBKK]

16 hours ago, mrwebb8825 said:

Don't mean to hijack this thread but it caught my eye as my wife and I would like to take a trip to the states after this covid-cr@p is over and I have retired (about 2 1/2 more years) but I have no address there and haven't had for the last 19 years that I've lived here. We both have family there so would they need to sponsor us (her) to improve the chances for a visitor visa?

 

In my experience in getting a US tourist visa for my Thai wife here, having family members/relatives in the U.S. write a signed letter of invitation for her to visit/recommendation on her behalf -- which she can and should then bring to her Consulate interview appointment -- can be a very helpful and productive thing.

 

It's been a few years, so I can't recall exactly whether we were able to include the invitation letter in the wife's actual application package for the visa... But I know we had it, referenced it in the information the wife provided in her application, and then she brought a copy with her for the interview, which they were very keen to see.

 

The other thing the Consulate staff will also be keenly interested in his YOUR own visa/stay/residence history in Thailand. So best to equip the wife for the interview with your actual passport or at least photocopied passport pages that show the length and duration of your residence here...via visas or extensions of stay. And make sure she knows that history exactly and is able to produce the documentation of that upon request in the interview.

 

Edited August 17, 2020 by TallGuyJohninBKK

[Pattaya Spotter]

2 hours ago, AAArdvark said:

Do you intend to live permanently in the US with your wife?  There are restrictions on how often and how long she can be out of the US.  I asked if my wife could simply make a trip to the US every year and I was told that it might work for a couple of years but eventually immigration would notice and the green card would be canceled. 

Yes this is true...the purpose of an immigrant visa is for someone to immigrate to the US and establish permanent residency and/or citizenship there. The visa is granted on that basis...it is not to be used as a lifetime tourist visa. If CPB/CIS determines that a "Green Card [it's not green]" holder hasn't established residency, and shows no intention of doing so, their right to residency can be revoked (without warning). However, it is difficult to find cases where this has actually been done or how high a priority the Feds place on this.

Edited August 17, 2020 by Pattaya Spotter

[USNret]

The process is dreadfully slow right now.  I wouldn't be surprised if it's pushing 18-24 months, if not come to a halt entirely.  So go ahead & file; you will know sooner or later when it's time to establish residency.

I filed for my wife's immigrant visa from Japan many years ago; we had lived outside the USA for 5 years at that point.  During the processing, I returned to the states & got a job.  She went back to Thailand and awaited her interview.  Chances are, you will end up doing something like that.  

As someone said, the local embassy is not involved at all in the process until it's time for her interview.  You are a long, long ways away from that step. 

[GinBoy2]

5 hours ago, USNret said:

The process is dreadfully slow right now.  I wouldn't be surprised if it's pushing 18-24 months, if not come to a halt entirely.  So go ahead & file; you will know sooner or later when it's time to establish residency.

I filed for my wife's immigrant visa from Japan many years ago; we had lived outside the USA for 5 years at that point.  During the processing, I returned to the states & got a job.  She went back to Thailand and awaited her interview.  Chances are, you will end up doing something like that.  

As someone said, the local embassy is not involved at all in the process until it's time for her interview.  You are a long, long ways away from that step. 

I'm trying to remember exactly the requirements.

 

We were in a slightly different situation, since I'd always maintained a house in the US, a Drivers License, registered to vote etc.

 

But I think as part of the documentation submitted with the I-130 you need to prove, even if you are outside the country, your ability to re-establish residency.

 

This is why I always tell people never to burn bridges. Keep some foothold at home since you never know what's going to happen in the future