Question About An Illegal Thai In Usa Marrying Us Citizen

[donx]

My Thai wife has a Thai friend who has overstayed her tourist visa to the US. She is interested in marrying a man who is a US citizen. My wife has read on other Thai web forums that if her friend marries in the US, she will have to leave the US before she can apply for a permanent residence on the basis of marrying the US citizen.

Is this true? Will she have to return to Thailand and apply from there for her green card? My guess is that this is probably the case but I don't know. I didn't even think they would let her become legal once she decided to overstay her visa. Then again I remember hearing a story on NPR of an illegal who is getting his green card after marrying a US citizen. I don't recall whether he was forced to return to Mexico.

[mellow1]

My Thai wife has a Thai friend who has overstayed her tourist visa to the US. She is interested in marrying a man who is a US citizen. My wife has read on other Thai web forums that if her friend marries in the US, she will have to leave the US before she can apply for a permanent residence on the basis of marrying the US citizen.

Is this true? Will she have to return to Thailand and apply from there for her green card? My guess is that this is probably the case but I don't know. I didn't even think they would let her become legal once she decided to overstay her visa. Then again I remember hearing a story on NPR of an illegal who is getting his green card after marrying a US citizen. I don't recall whether he was forced to return to Mexico.

As far as I know your wife is right. They are now enforcing this rule a lot more than ever before. There will also be an overstay fine. This woman may not even be able to get married without proper ID, and showing she is in the country legally. I believe there is yet another fine for that.

[jerry921]

My Thai wife has a Thai friend who has overstayed her tourist visa to the US. She is interested in marrying a man who is a US citizen. My wife has read on other Thai web forums that if her friend marries in the US, she will have to leave the US before she can apply for a permanent residence on the basis of marrying the US citizen.

Is this true? Will she have to return to Thailand and apply from there for her green card? My guess is that this is probably the case but I don't know. I didn't even think they would let her become legal once she decided to overstay her visa. Then again I remember hearing a story on NPR of an illegal who is getting his green card after marrying a US citizen. I don't recall whether he was forced to return to Mexico.

As far as I know your wife is right. They are now enforcing this rule a lot more than ever before. There will also be an overstay fine. This woman may not even be able to get married without proper ID, and showing she is in the country legally. I believe there is yet another fine for that.

What I've read is a bit dated and doesn't apply to the case of an illegal, but is worth mentioning I think.

For the purpose of ending up with a greencard, it's easier to get married in the US than to get married overseas. The documents are going to be more accepted. But beyond the documents, they will still have to go through some rigamarole to 'prove' to the examiner that they are really legitimately married and that it is not just a convenience thing for the purposes of getting residency. For this it will be very helpful to change all the utility bills, credit cards, bank accounts and everything else they can think of to 'Mr & Mrs Farang'. Keep all these bills and statements for several months and take them to the examiner. Even with that, the examiner will separately interview each person and ask a random variety of stupid and intimate questions like 'what brand of toothpaste does your partner use', 'what side of the bed does your partner sleep on', 'does he/she snore', 'who takes out the trash' etc etc.

So it seems to me they'd want to get married, stay together here for several months and collect paperwork before going overseas to try to make the visa right.

[donx]

As far as I know your wife is right. They are now enforcing this rule a lot more than ever before. There will also be an overstay fine. This woman may not even be able to get married without proper ID, and showing she is in the country legally. I believe there is yet another fine for that.

Yeah, this is what I expected. What do you mean by a proper ID? This woman was able to get a driver's license as an ID. Is this what you mean by a proper ID? If she needs to show a US birth certificate then that will be a problem. If she just has to show her Thai passport to get married, then that shouldn't be a problem.

Thank you to both of you for your responses.

[qualtrough]

Either the poor dupe she marries will not know that it is a sham marriage, or he will be complicit in the sham, which will be a crime. Why are you interested in assisting her??

[mikethevigoman]

My Thai wife has a Thai friend who has overstayed her tourist visa to the US. She is interested in marrying a man who is a US citizen. My wife has read on other Thai web forums that if her friend marries in the US, she will have to leave the US before she can apply for a permanent residence on the basis of marrying the US citizen.

Is this true? Will she have to return to Thailand and apply from there for her green card? My guess is that this is probably the case but I don't know. I didn't even think they would let her become legal once she decided to overstay her visa. Then again I remember hearing a story on NPR of an illegal who is getting his green card after marrying a US citizen. I don't recall whether he was forced to return to Mexico.

Go to vegas, get married, its bound to help, but be prepared for a rough ride,.

[mackayae]

I had a thai female neighbor who went to the US on a tourist to stay with her husband in Nevada (about 3 years ago). Prior to that they used to spend his vacations in her townhouse in our mooban; he works offshore. Once in the US she got a job as a waitress in a thai restaurant. After 6 months her visa would expire. Her husband, now back at work, and I advised her to return to Thailand and apply for a resident visa. She has a sister, who lives in Dan Diego, who advised her not to leave. She did not leave, got an immigration lawyer and within a year had a green card. Go figure.

They don't have 12 million illegals for nothing. It is easier to do it illegally than legally.

I would advise her to get married then get an immigration lawyer to assist her.

[mellow1]

I had a thai female neighbor who went to the US on a tourist to stay with her husband in Nevada (about 3 years ago). Prior to that they used to spend his vacations in her townhouse in our mooban; he works offshore. Once in the US she got a job as a waitress in a thai restaurant. After 6 months her visa would expire. Her husband, now back at work, and I advised her to return to Thailand and apply for a resident visa. She has a sister, who lives in Dan Diego, who advised her not to leave. She did not leave, got an immigration lawyer and within a year had a green card. Go figure.

They don't have 12 million illegals for nothing. It is easier to do it illegally than legally.

I would advise her to get married then get an immigration lawyer to assist her.

What you write is probably true, and seems to have been commonplace. I believe recent changes in the immigration laws in the US, have been put into place in order to deal with situations such as this. The information which I base my knowledge on, about immigration changes comes from the news, either TV or newspaper articles which I have read on the internet. Therefore not having a copy of current immigration laws, it is hard to state facts. But I do know about many cases such as you describe on personal observation, and that the above theory seemed to have worked in the past. The US refrains from separating families, or has, at least in the past. But it is my understanding that presently they do require the foreigner to return to their own country,and fill out the paperwork, and wait in line as others do, for their turn to enter. I believe they are doing this in order, so these individuals do not appear to be rewarded because they broke the law. The US still does care about families being able to be together, and unless there are serious criminal issues involved, they will be reunited. Unlike some countries.

[teacher]

Either the poor dupe she marries will not know that it is a sham marriage, or he will be complicit in the sham, which will be a crime. Why are you interested in assisting her??

I could not agree more with qual.

This girl is an illegal immigrant and you helping her could land you in troublebecause,somewhere along the line someone will lie,give false info etc etc.

Why do you think it is getting harder and harder to get genuine thai girls visa's?

i'll tell you, it's because of people like this girl or her boyfriend who consistantly break the visa rules. Sorry but She needs deporting. And will get deported when she is caught. She will never be alowed out of thailand again if she is caught. She needs to get back to thailand and face the consquences of overstay.

I am in thailand myself and if i overstay for any longer than 40 days over i will go to Prison and go to court get a heavey find and deported and Rightly so.

[aznyron]

My Thai wife has a Thai friend who has overstayed her tourist visa to the US. She is interested in marrying a man who is a US citizen. My wife has read on other Thai web forums that if her friend marries in the US, she will have to leave the US before she can apply for a permanent residence on the basis of marrying the US citizen.

Is this true? Will she have to return to Thailand and apply from there for her green card? My guess is that this is probably the case but I don't know. I didn't even think they would let her become legal once she decided to overstay her visa. Then again I remember hearing a story on NPR of an illegal who is getting his green card after marrying a US citizen. I don't recall whether he was forced to return to Mexico.

If she go to immigration before the Marriage takes place and pays all the fees she will be OK I inquired about that a few years ago but she must do it before her visa expires sadly the girl in question was not a loyal G/F so I dump her LOL she had a 10 yr visa

[wellicu812]

The answer that you seek is at www.uscis.gov The United States Citizenship and Immigration Service. http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You can find your answer somewhere on this site. You can also find the current wait times for the legal process. It is costly though, but legal. This is what is on this page that the link refers to:

Lawful Permanent Residence ("Green Card")

This section of the USCIS Website provides you with information and directions necessary to apply for lawful permanent residence (LPR), or "green cards". You will have the opportunity to access information regarding ways to get a "green card". A "green card" gives you official immigration status (Lawful Permanent Residency) in the United states. If you already are a permanent resident, you may want to read, "Now That You Are A Permanent Resident".

If you already know the specific path of immigration you wish to follow, visit one of the following:

• Immigration through a Family Member
  
• Immigration through Employment
  

If you are unsure which immigration path best fits your particular situation, see our general information section.

• Immigration Classification and Visa Categories
  
• How do I Become a Lawful Permanent Resident While in the United States?
  
• Eligibility information: Who May Apply to Become a Lawful Permanent Resident While in the United States
  

Additional information related to lawful permanent residency that you might need to review are as follows:

• How Do I Renew My Permanent Resident Card (Green Card)?
  
• How Do I Replace My Permanent Resident Card (Green Card)?
  

Good luck!

[UdonDenver]

My advice - pony up $27 USD and purchase the NOLO PRESS book:

<h3 class="productTitle">Fiancé & Marriage Visas: A Couple's Guide to U.S. Immigration</h3> by Ilona Bray, legal editor

the link:

http://www.nolo.com/product.cfm/ObjectID/E...1B1AB24AB9/118/

Although I am a USA attorney, I do not specialize in immigration law and bought this book to assist with my wife's fiance' visa. There is a 2007 update which includes the latest changes in immigration law. NOLO publishes the Quicken law series. In my opinion, this provides detailed advice (including advice that you hire an attorney) that will assist without any other individuals being accused of aiding and abetting. That said, your future USA attorney may have a legal duty not to advise you on an illegal pathway if you are not already married.

I also agree with the comment that the tourist overstay pathway penalizes those of us who pay careful attention to the rules. It took 11 months following all the rules to obtain our K-1.

[cdnvic]

Either the poor dupe she marries will not know that it is a sham marriage, or he will be complicit in the sham, which will be a crime. Why are you interested in assisting her??

You have no knowledge of either party, or the state of their relationship. Your assumptions are therefore pretty much worthless.

[donx]

I understand those who feel I shouldn't provide any help whatsoever to my wife's friend. I strongly recommended that she not overstay her tourist visa because this is the second tourist visa she received to come to the USA within the last few years. Additionally, she had successfully received an extension and was waiting for the desicion regarding a second extension. When she finally heard from the INS they told her that not only was her second extension denied but she was immediately considered illegally staying in the US. I do know that she seeked the advice of a lawyer but his recommendation for her to stay in the US had something to do with him finding her a job, for a large fee, with some international organization. Needless to say her friends recommended that she not follow the lawyer's advice.

I also understand the concern of those who say she should follow the rules since others have. I agree. My wife and I struggled through the immigration process for several years.

Because I know others that are no longer allowed to enter the US because they didn't follow the rules, I assume that if this woman returns to Thailand she will never be granted another visa to enter the US. This is the reason she has decided against my advice to remain here.

[mesohappy314]

My Thai wife has a Thai friend who has overstayed her tourist visa to the US. She is interested in marrying a man who is a US citizen. My wife has read on other Thai web forums that if her friend marries in the US, she will have to leave the US before she can apply for a permanent residence on the basis of marrying the US citizen.

Is this true? Will she have to return to Thailand and apply from there for her green card? My guess is that this is probably the case but I don't know. I didn't even think they would let her become legal once she decided to overstay her visa. Then again I remember hearing a story on NPR of an illegal who is getting his green card after marrying a US citizen. I don't recall whether he was forced to return to Mexico.

They should get married in the US. She should NOT leave the country. If she does leave it may be much more difficult for her to come back. If she is unsure, she should contact an immigration lawyer after getting married. Again, do not leave the country.

As soon as the application to adjust status is received by immigration she will be "legal." She will not yet have a green card, but will have all rights pending the immigration decision which is based on finances and legitimacy of the marriage.

When she applies she should also apply for a work permit and a travel document in case she wants to go home during the wait. She will be able to get a social security card and work with the work permit which usually arrives in about 30 days.

There is no fine for overstaying a tourist visa if you are adjusting to lawful permanent residence based on marriage.

Your friend will not have to return to Thailand to do any of this.

If she has any problems, tell her not to hesitate to contact her congressional representatives. I personally contacted them in Ohio and Georgia and they were very helpful. I know of someone who got help from an Illinois congressman as well.

Good luck to your friend. It may be a long road ahead. On that note, I know of someone who lived in CA for 6 years illegally, got married and got the green card in three months. The funny thing is he is gay, gay, gay. Just found someone willing to help out. So sometimes things are easier . . .

[qualtrough]

Either the poor dupe she marries will not know that it is a sham marriage, or he will be complicit in the sham, which will be a crime. Why are you interested in assisting her??

You have no knowledge of either party, or the state of their relationship. Your assumptions are therefore pretty much worthless.

Sorry, you are the one out of line here. The OP's post strongly suggested, while not saying it outright, that his wife's friend was interested in marrying a US citizen as a way out of her predicament. If that is the case it is a violation of US immigration law, and unfair to those who go through all the legal hurdles to legitimize their status.

[mesohappy314]

Either the poor dupe she marries will not know that it is a sham marriage, or he will be complicit in the sham, which will be a crime. Why are you interested in assisting her??

You have no knowledge of either party, or the state of their relationship. Your assumptions are therefore pretty much worthless.

Sorry, you are the one out of line here. The OP's post strongly suggested, while not saying it outright, that his wife's friend was interested in marrying a US citizen as a way out of her predicament. If that is the case it is a violation of US immigration law, and unfair to those who go through all the legal hurdles to legitimize their status.

I saw nothing to suggest that. Are you a troll?

[cdnvic]

Either the poor dupe she marries will not know that it is a sham marriage, or he will be complicit in the sham, which will be a crime. Why are you interested in assisting her??

You have no knowledge of either party, or the state of their relationship. Your assumptions are therefore pretty much worthless.

Sorry, you are the one out of line here. The OP's post strongly suggested, while not saying it outright, that his wife's friend was interested in marrying a US citizen as a way out of her predicament. If that is the case it is a violation of US immigration law, and unfair to those who go through all the legal hurdles to legitimize their status.

I saw nothing to suggest that. Are you a troll?

Just imagining things I think.

[donx]

I'm posting this as a quick update. My wife's friend is now married to the man she had hoped to marry. She followed the advice given and remained in the US. I will make future posts to this thread regarding the difficulties she faces as an illegal alien now married to a US citizen.