Question about USA visa type for wife

[a6patch]

I'm an American citizen who has lived in Thailand for about 10 years.  Married in Thailand 7 years ago.  Never really did anything to register the marriage in the US or anything.  I've maintained my legal status as a US resident in regards to filing taxes, etc.  My wife has a 10-year B1/B2 visa to visit the US which we've used a number of times.  It expires in about 3 years.  Long term/permanently we plan on living in Thailand.  But now there is a life situation where we would like to go live in the US for a longer period of time (probably over a year...perhaps up to 5 or so).

 

Even though my wife can go visit the US on her visa, and has been married to a US citizen for 7 years, is there no path for us to go live in the US straightaway and do filing/paperwork/waiting there in the US for visa status, etc? 

 

Is it true that an unmarried couple can get a faster path to living in the US via the K3 fiancee visa than an already married 7 years couple?   How does that make any sense at all <deleted>?!

 

What is our best path forward?  Is it really to stay here in Thailand for up to 2 years simply waiting on the process?    

[a6patch]

Upon a bit more research, is it as simple as just entering the US on the B1/B2 visa, then after 4 months (2 months before the permission to stay is over), submit a I-485 Change of Status application and staying in the US while that whole process happens?  

[GinBoy2]

On 9/26/2021 at 9:35 AM, a6patch said:

Upon a bit more research, is it as simple as just entering the US on the B1/B2 visa, then after 4 months (2 months before the permission to stay is over), submit a I-485 Change of Status application and staying in the US while that whole process happens?  

Changing status while in the US on a tourist visa is dodgy and will be problematic since it'll be seen as trying to bypass normal immigrant visa application.

You do not want to engage in immigration court proceedings!

 

If the OP is legally married in Thailand >2 years an IR-1 is the way to go

[GinBoy2]

44 minutes ago, GinBoy2 said:

Changing status while in the US on a tourist visa is dodgy and will be problematic since it'll be seen as trying to bypass normal immigrant visa application.

You do not want to engage in immigration court proceedings!

 

If the OP is legally married in Thailand >2 years an IR-1 is the way to go

I just re-read this, and it seems they aren't legally married. 

 

In this case a K1 is the quickest, or go to the Amphur get married and do  CR-1.

 

You are picking your poison here. Do you want your lady to be an immigrant faster? If that's the case suck it up and do the CR-1 and get legally married

 

If you just want her in the US as fast as possible do the K-1 then deal with all the BS, marriage <deleted> after the fact.

 

Just don't let her enter as a tourist then try to fix it. That will get you in a whole world of immigration hurt

 

[Gumballl]

17 minutes ago, GinBoy2 said:

I just re-read this, and it seems they aren't legally married. 

 

In this case a K1 is the quickest, or go to the Amphur get married and do  CR-1.

 

You are picking your poison here. Do you want your lady to be an immigrant faster? If that's the case suck it up and do the CR-1 and get legally married

 

If you just want her in the US as fast as possible do the K-1 then deal with all the BS, marriage <deleted> after the fact.

 

Just don't let her enter as a tourist then try to fix it. That will get you in a whole world of immigration hurt

 

You re-read your own post and somehow jumped to the conclusion the OP is not married in Thailand?... how??

 

If the OP is married (thru the Amphur), then his marriage is recognized by the US.

[bbko]

On 9/29/2021 at 4:13 AM, Gumballl said:

If the OP is married (thru the Amphur), then his marriage is recognized by the US.

Too bad he never registered it with the US Embassy.

 

"Never really did anything to register the marriage in the US or anything."

[Gumballl]

On 11/14/2021 at 4:42 AM, bbko said:

Too bad he never registered it with the US Embassy.

 

"Never really did anything to register the marriage in the US or anything."

Sorry for the late rebuttal, but registering the marriage at the US Embassy, or even a court house in the US, is not necessary.

Edited December 15, 2021 by Gumballl

[jielwei]

On 9/29/2021 at 2:23 AM, GinBoy2 said:

I just re-read this, and it seems they aren't legally married. 

 

In this case a K1 is the quickest, or go to the Amphur get married and do  CR-1.

 

You are picking your poison here. Do you want your lady to be an immigrant faster? If that's the case suck it up and do the CR-1 and get legally married

 

If you just want her in the US as fast as possible do the K-1 then deal with all the BS, marriage <deleted> after the fact.

 

Just don't let her enter as a tourist then try to fix it. That will get you in a whole world of immigration hurt

 

Thanks for the help.