K3 visa

[Redfan84]

Hello all. New here and I'm sorry ahead of time if this has been asked. I am newly married to my thai wife and want to bring her and her kids to the states on a marriage or k3 visa. I've called a few lawyers and they have said they don't do k3 anymore. There is some CR1 or something or other I have to do. Any recommendations on this process from start to finish that anyone can help me out with please? I have looked around at all the information needed and its mind boggling and kinda scary as in if you mess it up you have to start again. Is there someone that can help lay out the procedures and or recommend a lawyer that I can use. Here in san diego the ones I called were 9000 us which is ridiculous. Anyway thanks for your time and I look forward to any help I can get. 

[GinBoy2]

So I'm not sure what lawyers you have spoken to, but as far as I am aware the K3 is very much alive and kicking.

 

The difference between the K3 and the CR-1 can be boiled down to this.

 

With a K3 (K4 for her kids, I'm assuming they aren't yours) the applicant enters on a non immigrant visa, and will then apply in the US for an adjustment of status as the road to getting a green card.

 

In the case of the CR-1 all of the immigrant paperwork is completed upfront in Thailand, and upon arrival in the US her passport id stamped with an I-551, a temporary green card and the real one and SSN card show up in the mail about 2 weeks later.

 

So a lot depends on what you what. If all you want is to get your hunny bunny into the US as fast as possible, K3 is the way to go, but remember on that route she doesn't have a green card, and all the opportunities that gives.

 

If you are OK with hunkering down in Thailand while USCIS processes an I-130 for the CR-1, within 2 weeks of arriving at a port of entry, she'll have her green card, can work and get DL's etc.

 

Now others may tell you that all this is easy, and it maybe it is, and it's just that I'm lazy, but there is a sh**T load of paper documentation that required, and with the kids, and again I'm assuming they aren't your's and not US citizens, a good immigration lawyer is a good thing to help get all that together before you get to the US and then try getting copies of everything and certified translations.

 

I can recommend a company who we used for a CR-1, owner is American and gave us great advice. PM me if you want more details since it's not allowed to post in a public thread

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

Edited May 18, 2021 by GinBoy2

[GinBoy2]

So I hate to ask this, but....

 

I'm making the assumption you are legally married, not just the Buddhist ceremony thing.

 

If not, you need to get down to the local Amphur and get that done asap

 

To clarify the immigration process. 

If you have been legally married less than 2 years you apply for a CR-1 which will give you wife a conditional green card for two years, after which you file an I-751 to remove conditions and she gets a 10 year green card.

 

If you have been married >2 years you apply for an IR-1 where she'll get a 10 year green card upfront

Edited May 18, 2021 by GinBoy2

[Redfan84]

We got legally married this past Feb in thailand. So it will be less than 2 years. I'd like to say I called a few lawyers here in the states and they all told me the k3 is obsolete, but it was more like 25 firms that told me that. Each one saying similar info you gave me. I called siam in bangkok but they never got back to me. 

I plan on going back to thailand in July and staying till her visa and kids visas are done. Right now everyone I spoke with said because of covid it's about a 24 month backlog unfortunately. 

If you could dm me the info on who you recommend I'd really appreciate it. Thank you so much for the response