Fiancee Vs Spouse Visa For Usa?

[mgjackson69]

Hello all,

My TGF and I will be marrying in the near future. My work will likely return me to USA for a period of time, with the long range goal of employment and/or retirement in Thailand.

Can someone speak to the pros and cons of marrying in Thailand and applying for a spouse visa vs. obtaining a fiancee visa and marrying in USA?

Thanks,

M

[thaihome]

A key issue in deciding is where you live. If you don't live in Thailand, then I understand the time for both the fiancé and spouse visa are about the same. Something like 8-12 months?

If you have lived in Thailand for at least year, and can prove that with visa extension, work permit, lease, etc. then you can apply for the spouse visa in Thailand and speed up the process significantly.

TH

[donx]

I had my wife-to-be brought over to the US on a fiancee visa. The process took about 4 months. This was in 1999. I wasn't living in Thailand and was told that getting married in Thailand and requesting a marriage visa would take longer since a marriage visa is an immigration visa whereas the fiancee visa is not an immigration visa and that while applying for the marriage visa my wife can remain with me in the US.

I do know of couples that were married and living in Thailand and heard that the process for them getting a marriage visa was somewhere around 6 months. I'm not completely sure about that time estimate, so I'm sure others who have been through that process can give you better information.

[JoeInSurin]

I had my wife-to-be brought over to the US on a fiancee visa. The process took about 4 months. This was in 1999. I wasn't living in Thailand and was told that getting married in Thailand and requesting a marriage visa would take longer since a marriage visa is an immigration visa whereas the fiancee visa is not an immigration visa and that while applying for the marriage visa my wife can remain with me in the US.

I do know of couples that were married and living in Thailand and heard that the process for them getting a marriage visa was somewhere around 6 months. I'm not completely sure about that time estimate, so I'm sure others who have been through that process can give you better information.

I also brought my Thai girlfriend / fiancee to the US in 1999. The Visa also took 4 months and was told it took much longer if you were already married. With the fiancee Visa you must get married within 90 days of her entry into the US. I don't know if things are different now as this was in 1999.

[mgjackson69]

Good info so far, thanks to all.

I have been in Thailand on business off and on since June 2004, now am here on a work permit since January 2006.

Keep it coming, personal experiences is what I am interested in....the technical details seem fairly straightforward.

[DrFisher]

I was told not to get married in Thailand also it would take longer. We did the K1 fiancee visa and it only took about 2 months, originally it would have taken 3 months but the interview date was bumped up and I understand that happens often.

[ngangu]

Wow! i've been following the forum( as I'm about to begin the process myself) and these are the first posts that I've seen where people got their visas so quickly! From what I've seen previously it takes an average of 8 months. I wonder what the difference is? Timing??

MGJ have you been to visajourney.com? Good stuff! Good luck!!!

[thaihome]

I was told not to get married in Thailand also it would take longer. We did the K1 fiancee visa and it only took about 2 months, originally it would have taken 3 months but the interview date was bumped up and I understand that happens often.

I note that the USCIS Calif. Service Center is now processing K-1 applications and I-130 petition submitted in November 2006. After that you still have schedule the interview at the consulate. Sounds like 8-12 months to me.

I know for a fact that the USCIS office in Bangkok will process an I-130 in 1-2 weeks and then forward on to consulate for submission of the packet 3 and packet 4 interview. I am not sure what the waiting time is for interview, I have heard it is 8-12 weeks. This is waiting time regardless of where the petition was filed and processed by the USCIS. It appears to me that filing in Bangkok (if eligible) can cut more then 6 months off the process time.

TH

[jumnien]

We told the US Embassy people that I wanted my parents to meet my girlfriend before we married in Thailand ( the truth). They gave her a tourist visa for the 3 week trip (the visa took about a month to get and a short interview, no problem) and we married in Thailand about six months after our return. She has gone back 8 times to the US on tourist visa (10 year) as we have no intention of living in the US.

[aznyron]

I am no authority on visa but my former g/f (thai) had a 10 yr visa she came to the USA to spend 2 months with me no problem but I did call immigration and inquired about marring her in the usa they said quote pay the fees and every thing should be ok so in my opinion and I said opinion once she in it all about money as long as she comes in legally with a valid passport she does not have to leave we have 12 million illegal mexicans in USA deport them first before they can deport your wife

[donx]

We told the US Embassy people that I wanted my parents to meet my girlfriend before we married in Thailand ( the truth). They gave her a tourist visa for the 3 week trip (the visa took about a month to get and a short interview, no problem) and we married in Thailand about six months after our return. She has gone back 8 times to the US on tourist visa (10 year) as we have no intention of living in the US.

We attempted to get a tourist visa for my future wife before we applied for the fiancee visa. We did this because I wanted to make sure my future wife wouldn't have a problem living in the US. She would have preferred staying in Thailand, but that wasn't practical for my career. The tourist visa was denied and it was after that refusal that we decided to go ahead and get the fiancee visa. My wife comes from a poor background and the embassy simply said that they didn't believe she had much of a reason to return to Thailand. I wasn't allowed to sponsor her for a tourist visa. I could and did sponsor her for the fiancee visa.

As a side note, it took an extra 3 weeks after our interview to get the fiancee visa because my fiancee forgot to list the fact that she had recently changed her first name. This caused a delay because an additional FBI search needed to be done on her original name. All-in-all I think the process of getting the fiancee visa went relatively quickly.

[billrussell]

I filed for both a K-1 and a K-3 visa on July 1 of last year.

My TW received her visa on January 20.

Six months and change - Not too bad.

[Tonsils]

I was told not to get married in Thailand also it would take longer. We did the K1 fiancee visa and it only took about 2 months, originally it would have taken 3 months but the interview date was bumped up and I understand that happens often.

I note that the USCIS Calif. Service Center is now processing K-1 applications and I-130 petition submitted in November 2006. After that you still have schedule the interview at the consulate. Sounds like 8-12 months to me.

I know for a fact that the USCIS office in Bangkok will process an I-130 in 1-2 weeks and then forward on to consulate for submission of the packet 3 and packet 4 interview. I am not sure what the waiting time is for interview, I have heard it is 8-12 weeks. This is waiting time regardless of where the petition was filed and processed by the USCIS. It appears to me that filing in Bangkok (if eligible) can cut more then 6 months off the process time.

TH

On what conditions would one be eligble to submit the I-130 in Bangkok? I'm a dual citizen (US/Thai) and am working in Thailand.

[drummer]

You basically need a work permit in Thailand. That "proves" that you are living in Thailand, and makes you eligible for Direct Consular Processing. This is really quite fast. In addition, you get the CR1 visa which provides your spouse with a green card right away. With a K3/K1 visa, you have to adjust her status in the US, meaning years of paperwork and thousands in fees.

Speaking of fees, next month they are generally doubling.

IF you don't have a wok permit, then you must go through the USCIS, which is slow beyond belief and painful.

re: fiance vs spouse ..... the fiance visa is marginally faster. But it is such a pain that unless you are split up and can't visit each other that I would strongly recommend going for the I-130 CR1 visa alone. Don't bother with the 129f K3 visa unless every week counts.

[thaihome]

Actually the process in Bangkok is not a true DCF as the I-130 is done by the local USCIS office and not the consulate as with a DCF. I understand that the true DCF is not available anymore (due to Adam Walsh act requiring police check of petitioner).

If the poster above is dual citizen living in Thailand on his Thai passport/id card and does not have work permit/visa extension, I would hope USCIS would accept other proof of residence such as tambien baan, pay slips, or other documents. Would be interesting to see what they say.

I think that the conditional or not green card is given based on being married for 2 years or more, not having the visa processed by the Bangkok USCIS.

TH

[Tonsils]

Actually the process in Bangkok is not a true DCF as the I-130 is done by the local USCIS office and not the consulate as with a DCF. I understand that the true DCF is not available anymore (due to Adam Walsh act requiring police check of petitioner).

If the poster above is dual citizen living in Thailand on his Thai passport/id card and does not have work permit/visa extension, I would hope USCIS would accept other proof of residence such as tambien baan, pay slips, or other documents. Would be interesting to see what they say.

I think that the conditional or not green card is given based on being married for 2 years or more, not having the visa processed by the Bangkok USCIS.

TH

Here's one more added complication. If I reentered Thailand on my Thai Passport (in order to not have to deal with all the visa extension, etcs.), could I still submit through the USCIS office in Bangkok?

I have been in Thailand for about 1.5 years on my US passport before recently reentering on Thai passport and have had year-long visas stamped.