Green Card or Visas?

[Corley]

I am an American expat living in Pattaya with my Thai wife. Earlier this year we were married in USA and she visited America on her fiance visa. She wants to go again this year. She and her twelve-year-old son can apply for green cards or she can get another visa to visit the USA. The problem is we want to live in Thailand. We just bought a house. My understanding is that if she and her son apply for Green Cards, we must live in America for three years at which time she and her son can apply for citizenship. While the Green Card allows her and her son to visit the USA whenever they wish, it's really not meant to replace a tourist visa. It has a ticking clock in which the person holding the Green Card must live in the United States for a specific amount of time. She doesn't care if she becomes a US citizen and neither do I. We are very happy living in Thailand and my plan is to live out the remainder of my days here, not in the USA. I am not sure what to do so she and her son can visit the USA. Suggestions?

[Captain Flack]

I have moved the topic, so hopefully it just more exposure and responses.

[AAArdvark]

She can it stay long term with a green card if she is outside of the US for long periods. 

[wwest5829]

On 8/25/2024 at 11:07 AM, Corley said:

I am an American expat living in Pattaya with my Thai wife. Earlier this year we were married in USA and she visited America on her fiance visa. She wants to go again this year. She and her twelve-year-old son can apply for green cards or she can get another visa to visit the USA. The problem is we want to live in Thailand. We just bought a house. My understanding is that if she and her son apply for Green Cards, we must live in America for three years at which time she and her son can apply for citizenship. While the Green Card allows her and her son to visit the USA whenever they wish, it's really not meant to replace a tourist visa. It has a ticking clock in which the person holding the Green Card must live in the United States for a specific amount of time. She doesn't care if she becomes a US citizen and neither do I. We are very happy living in Thailand and my plan is to live out the remainder of my days here, not in the USA. I am not sure what to do so she and her son can visit the USA. Suggestions?

I retired to Chiang Mai as a U.S. citizen. My Thai Wife and Stepdaughter hold 10 year Tourist Visas so we can easily visit for periods of up to 6 months repeatly anytime during the next 10 years. I would only pursue a Green Card if they wished to remain in the US and work. Otherwise, no need. We reside in Thailand.

[khunjeff]

She entered on a fiancee visa, but didn't apply to adjust status after marrying you? 

 

In any case, you're correct that if she doesn't want to live in the US or get US citizenship, then becoming a permanent resident is more trouble than it's worth. She should just apply for a regular tourist visa if she only wants to make short visits there. (During her visa interview, she should make certain the officer understands that you live in Thailand, not the US - that will greatly increase her chance of success.)

[Expat4life66]

On 8/25/2024 at 11:07 AM, Corley said:

I am an American expat living in Pattaya with my Thai wife. Earlier this year we were married in USA and she visited America on her fiance visa. She wants to go again this year. She and her twelve-year-old son can apply for green cards or she can get another visa to visit the USA. The problem is we want to live in Thailand. We just bought a house. My understanding is that if she and her son apply for Green Cards, we must live in America for three years at which time she and her son can apply for citizenship. While the Green Card allows her and her son to visit the USA whenever they wish, it's really not meant to replace a tourist visa. It has a ticking clock in which the person holding the Green Card must live in the United States for a specific amount of time. She doesn't care if she becomes a US citizen and neither do I. We are very happy living in Thailand and my plan is to live out the remainder of my days here, not in the USA. I am not sure what to do so she and her son can visit the USA. Suggestions?

If only visiting US say 1-2 times a year, less than 180 days at a time, the 10 year B1/B2 is the way to go and a much shorter process to obtain, both in paperwork, time and $$.  We live in Thailand and my spouse is on year 9 of her first B1/B2 and we will re-up online before this one expires next year.  If you go the B1/B2 route, just be sure to carry her old and new passport once her old passport expires with the physical visa attached. 

 

We visit the US 1x a year for 30 days and remain in Thailand (or other asian countries on vacation) balance of the year.   The only real downside is spouse won't be able to collect  Social security spouse benefit without a multi-year stay in the US, but that's a different topic.   

Edited August 26 by Expat4life66

[Srikcir]

This may have some relevance. Maybe contact Thailand US Embassy for your particular situation.

'Half a Million Migrant Spouses of US Citizens Get Pathway to Green Cards,' Aug 21, 2024 newsweek.com

• "Around half a million undocumented immigrant spouses of United States citizens, along with thousands of stepchildren, now have the ability to apply for permanent resident or "green card" status."

[donmuang37]

My wife had a green card, but we live in Thailand.  She had to return to the USA each year, of course.  On the 3rd year, the immigration officer told her, "You don't live in the USA, so you don't qualify for the card. I'll let you in this time, but it will be confiscated next year if you aren't really residing in America."

 

The 10 year tourist visa is much better for your situation. Good luck.

 

 

[GinBoy2]

On 8/26/2024 at 5:03 AM, donmuang37 said:

My wife had a green card, but we live in Thailand.  She had to return to the USA each year, of course.  On the 3rd year, the immigration officer told her, "You don't live in the USA, so you don't qualify for the card. I'll let you in this time, but it will be confiscated next year if you aren't really residing in America."

 

The 10 year tourist visa is much better for your situation. Good luck.

 

 

Totally agree with this.

 

The green card option is the objective one, tick the boxes and your wife will get a green card guaranteed 

 

The B1/B2 is subjective and you cross your fingers and hope for the best

 

But if you don't really want to live in the US for the majority of the time, go down the green card option it's a limited time option.

 

They will let it slide for a few years then the green card will be revoked

[orang37]

I totally get your situation. My wife and I had a similar dilemma when we were considering visiting the US while living abroad. Based on what we found, sticking with a tourist visa for her and her son seems like the best route. The Green Card definitely requires a lot of time spent in the US, which isn’t practical if you’re planning to stay in Thailand. Tourist visas should let them visit without the long-term commitment. Just make sure to look into the renewal or extension options if they want to visit multiple times.