I have dual citizenship, I want to bring my Thai fiancé to the USA, should I marry her as a Thai citizen or American?

[Tatsumi]

 I have dual citizenship, I want to bring my Thai fiancé to the USA, should I marry her as a Thai citizen or American citizen? Does one make it easier or harder to obtain a visa for her to go to the states? 

[2 is 1]

What you think?! Do you think Thai man has more easy to get Thai wife to US than US man!? HELLO!

[ubonjoe]

You would have to register your marriage here as a Thai.

You would use your US nationality to apply for her visa.

You could apply for her to get a fiance visa here and get married in the states as a US citizen.

[cmarshall]

Here's an opinion from an immigration lawyer:

 

Wondering whether you should apply for a K-1 visa or a K-3 visa? One of the best reasons to pursue a K-1 visa is that the process tends to move more quickly than a K-3 or CR-1 visa.

Typically, the fiance visa process takes approximately six months, and obtaining permanent resident status after the fact takes around 10 to 11 months. For a K-3 or marriage visa, you can expect to wait 10 to 16 months. If your goal is to be able to live in the U.S. with your partner as soon as possible, the K-1 visa may be the best choice.

 

https://www.jacksonwhitelaw.com/immigration-law/k1-visa-vs-k3-visa/

[Tatsumi]

3 hours ago, ubonjoe said:

You would have to register your marriage here as a Thai.

You would use your US nationality to apply for her visa.

You could apply for her to get a fiance visa here and get married in the states as a US citizen.

thanks 

[Moonfire]

What is your goal???????

To bring her to the US as your wife? Or just marry in the US as Thais and live in Thailand?

 

If you plan to marry in the US and live in the US in hopes of getting a green card, then you need to apply for a visa for your girl friend. 

 

I "believe" if you apply for a different type of visa, say tourist for the U.S. with the purpose of being married to apply for a green card that is breaking one of their rules!!!!  Now that you have discussed this on a public platform I would never swear to the fact you were just vacationing and got caught up in the moment and got married.

 

There are CLEAR rules on this, consulting the US Government website is an excellent place to get official information and keep you out of trouble later.

 

Best of luck! Chok Dee! 

[Khun Falang]

As the lawyer stated above, a Fiance Visa is a quicker process than a Marriage Visa. 

 

The way I read your question (I may be wrong) you may be planning it all the wrong way. If you first marry her in Thailand, then you can NOT apply for a Fiance Visa because you two will no longer be single (or divorced or widowed). If you plan on getting married in Thailand, then you should not apply for a Fiance Visa. Even though the visa application process may not discover right away that you are married in Thailand, submitting an application for a visa with false information is reason for the entire immigration process in the US to be reversed at any future time. With ALL of your applications submitted to the US government, make sure that ALL of the information you provide is true and correct. You really have to be 100% truthful.

 

If you marry in Thailand first, you will be ineligible for marriage in the US (as long as the Thai marriage will still be valid) and everything based on a false application for marriage license in the US will void the marriage at some future point (when it is discovered). 

 

The above answer from the lawyer was the correct and the best answer.

 

If and when you get married in the US, you should ask the Thai consulate what you will need as far as translation and / or certification of the marriage license, in order to later on register yourself at the Amphor as married. That registration will be based on your US marriage license.

[Tatsumi]

1 minute ago, Khun Falang said:

As the lawyer stated above, a Fiance Visa is a quicker process than a Marriage Visa. 

 

The way I read your question (I may be wrong) you may be planning it all the wrong way. If you first marry her in Thailand, then you can NOT apply for a Fiance Visa because you two will no longer be single (or divorced or widowed). If you plan on getting married in Thailand, then you should not apply for a Fiance Visa. Even though the visa application process may not discover right away that you are married in Thailand, submitting an application for a visa with false information is reason for the entire immigration process in the US to be reversed at any future time. With ALL of your applications submitted to the US government, make sure that ALL of the information you provide is true and correct. You really have to be 100% truthful.

 

If you marry in Thailand first, you will be ineligible for marriage in the US (as long as the Thai marriage will still be valid) and everything based on a false application for marriage license in the US will void the marriage at some future point (when it is discovered). 

 

The above answer from the lawyer was the correct and the best answer.

 

If and when you get married in the US, you should ask the Thai consulate what you will need as far as translation and / or certification of the marriage license, in order to later on register yourself at the Amphor as married. That registration will be based on your US marriage license.

Thanks, I think I will just bring her over on a fiancé visa then marry her over there 

[ubonjoe]

1 hour ago, Tatsumi said:

Thanks, I think I will just bring her over on a fiancé visa then marry her over there 

That is a good option if you plan on living in the US long term.

There is info here on the embassy website here. https://th.usembassy.gov/visas/fiancee/

[LukKrueng]

17 hours ago, Tatsumi said:

 I have dual citizenship, I want to bring my Thai fiancé to the USA, should I marry her as a Thai citizen or American citizen? Does one make it easier or harder to obtain a visa for her to go to the states? 

I'd say if you're in Thailand it will be easier and less paperwork to get married as a Thai. You'll have to notify the US embassy about your marriage anyway. The only problem you might have is if your name is not the same on both passports

[xtrnuno41]

Sorry to say, but first handle your divorce.

You wouldnt think about it now, but many are were in your situation, getting married.

[Tatsumi]

1 minute ago, xtrnuno41 said:

Sorry to say, but first handle your divorce.

You wouldnt think about it now, but many are were in your situation, getting married.

I've never been married before...no need for divorce lol

[Elkski]

The advice about getting a K1 visa is pre covid timelines.   Our K1 visa began March 3 2020 and took 15 months she got visa April 30 .   Check a visa journey website.   Even before covid many people believed the CR1 visa (already married) was the way to go.    Yeppers now that you posted your intent to marry to better not do a tourist visa and then marry in USA.  Even if she could get a tourist visa. Not.   It's aong painful road either way. 

[Tatsumi]

3 hours ago, Elkski said:

The advice about getting a K1 visa is pre covid timelines.   Our K1 visa began March 3 2020 and took 15 months she got visa April 30 .   Check a visa journey website.   Even before covid many people believed the CR1 visa (already married) was the way to go.    Yeppers now that you posted your intent to marry to better not do a tourist visa and then marry in USA.  Even if she could get a tourist visa. Not.   It's aong painful road either way. 

Thanks ???? 

[Elkski]

when you get married first and apply for the CR1 visa when you do finally get it the lady will have a work permit a travel card and a green card. when you apply for the green card change of status it goes to the local office and some of them are backed up quite a bit supposedly the Salt lake office is now taking two years to get a green card although you can apply for a work permit separately and with a K1 visa even after your married the woman cannot travel until she gets a travel card so in case there's a family emergency it would void the K1 visa if she leaves the country without this travel card We have applied for one but we're not sure how many months it may take to get. in my case I didn't decide to get married and do the K1 visa until a month or so after I returned from my last visit in January 2020. And with covid there was no way I was going to go back for 2 weeks quarantine. but if you're already in Thailand with this woman and you can stay there for 15 months or whatever time it may take to get a CR1 visa that would definitely be the way to go. 

[Tatsumi]

3 hours ago, Elkski said:

when you get married first and apply for the CR1 visa when you do finally get it the lady will have a work permit a travel card and a green card. when you apply for the green card change of status it goes to the local office and some of them are backed up quite a bit supposedly the Salt lake office is now taking two years to get a green card although you can apply for a work permit separately and with a K1 visa even after your married the woman cannot travel until she gets a travel card so in case there's a family emergency it would void the K1 visa if she leaves the country without this travel card We have applied for one but we're not sure how many months it may take to get. in my case I didn't decide to get married and do the K1 visa until a month or so after I returned from my last visit in January 2020. And with covid there was no way I was going to go back for 2 weeks quarantine. but if you're already in Thailand with this woman and you can stay there for 15 months or whatever time it may take to get a CR1 visa that would definitely be the way to go. 

so if I went the CR1 route, while me and her wait for that, would she still be able to apply for a tourist visa to come visit the states for vacation? 

[xtrnuno41]

22 hours ago, Tatsumi said:

I've never been married before...no need for divorce lol

Long time ago I was 22 when i was married and then you built on mariage.

You dont think about divorce.

However my wife thought different after 10 years and wanted divorce.

We had kids , thought we were doing fine, but no.

I still dont know why, but just a flip in the brain and all is gone.

You can and will not recognize your "wife" then anymore. With me many men having that same issue.

I surely hope you will have the most wonderful time in your live being married and you grow old together in a loving life.

However that is what i meant, be aware it can change instantly and you can have that divorce. So thats why i say, handle first your divorce.

You have a big money account, a house? Put it on prenup. That is what  i mean. 

[Elkski]

On 8/21/2021 at 7:11 PM, Tatsumi said:

so if I went the CR1 route, while me and her wait for that, would she still be able to apply for a tourist visa to come visit the states for vacation? 

I really don't about this.  No one knows who can get a tourist visa.  They (USA) don't have to say why denied in an detail.  It's 165$ gamble.  

[Hanuman2547]

I have known a few American guys that were going to marry their Thai GF's and then move back to the USA.  They had been working in Thailand for a few years but time to go back to the head office.  Instead of going the fiance visa route they instead had them just get tourist visas which they did.  They then left for the USA and after a few months got married.  Much faster and quicker than waiting for the fiance visa.  They were also issued work permits very quickly although I don't recall if many of them went to work.  I know a few enrolled at local community colleges.  However, it isn't really the route that US immigration wants you take.  It's kind of in a gray zone.  Not illegal but not what the tourist visa was designed for either.  You, on the other hand, have already made your intentions known on a public website.  Probably not the best route to go with the tourist visa now for you and your situation.  

Good luck to both of you!