Meeting Criteria For Resident Visa

[LoveBug]

Hello to ThaiVisa.

I am a Filipino citizen engaged to an American man. Both are far below the normal age of retirement (50). I'm happy to find a web site and forum about Thailand visa issues. I have been reading the pinned threads about visas. Please tell me what can be done about our situation.

My fiance and I would like to meet and marry in Thailand and if possible file a petition at the US embassy while there in the country. For some private, not legal, issues, we prefer not to marry in the Philippines yet. (We might in the future.)

I know as Filipino and American citizens, we can stay in Thailand for 30 days without a visa. We could also ask for another 30-day extension.

Is direct consular filing in Thailand is possible for an American and a non-Thai spouse? Or is the DCF an option only for those Americans married or engaged to a Thai national?

If petition for a non-Thai is okay, does my fiance meet the criteria for an alien resident in Thailand? He is retired but under 50, with a pension. I have income to show as well. How can we meet the criteria for a non-immigrant resident who isn't going to work or study and has no Thai relatives?

If he qualifies, does he file the visa app in the US right now (before entering Thailand)? If so, can he add me even though we're not married yet?

If not, can we marry in Thailand first and then file for the "O" visa (or whatever we qualify for)?

I understand if you are not familiar with American immigration matters. But I'd gratefully accept help on Thai visa matters. If none of this is possible, we can just stay for 2 months maximum, right? We'd then handle the US immigrant visa process in our own countries. Thank you, admins and members.

Edited February 10, 2008 by LoveBug

[Lite Beer]

Probably the best you could get would be Tourist Visas. A single Tourist Visa would give you 60 days and can be extended in Thailand for another 30 days. If you could get a double or a triple it would give you a lot longer.

[lopburi3]

You do not say what his status in Thailand is. He is obviously not on a retirement extension of stay. Is he on a one year extension of stay or just visa entry? Without him having a one year extension of stay status there is no option for you to have non immigrant O visa status or obtain one year extension.

There is no DCF from Thailand. There is an US Immigration office here but they only handle cases where subjects are resident (over one year I believe).

Are you sure your Embassy in Bangkok will provide paperwork for you to marry here? Thailand will not do this without official paperwork from Embassy.

You might want to make another post in the visa to other countries with your immigration to US concerns.

[LoveBug]

Thank you, moderator.

He is not on extension stay in Thailand. We are looking at entering as tourists together for a 30-day stay intiially and then extending it. I would like to know how we can qualify for an extension after we marry there.

Yes, I have asked in another forum about immigrant visas. I know there is no DCF for non-resident Americans, but what I'd like to know is if we can DCF in Thailand even if I'm not a Thai. And if so, how can we qualify for residence so we can be residents and do the DCF (after a year)?

I read that if one is single, official documents must come from one's embassy (in our case, US and the Philippines). I intend to bring the necessary documents before hand and also inquire with the Philippine embassy.

Edited February 10, 2008 by LoveBug

[lopburi3]

You can not remain in Thailand and neither can your husband on the basis of your marriage. You will require paperwork from your Embassy to have the marriage. But unless you have employment/education or other such reason for stay the most you will obtain is tourist visa. And you will not be able to make any direct filing to enter the US.

[LoveBug]

Thanks, Lopburi3.

[gunnyd]

Hello to ThaiVisa.

I am a Filipino citizen engaged to an American man. Both are far below the normal age of retirement (50). I'm happy to find a web site and forum about Thailand visa issues. I have been reading the pinned threads about visas. Please tell me what can be done about our situation.

I myself am married to a Filipina. It would be best if you go to the US to get married. There really is no way to get around the USCIS. I understand why you don't want to get married in the Philippines. We have been married for 7 years and still some Filipino relatives of mine think that I am a business contact or work for the embassy. It's shameful to be married to a white guy.

You just can't get around USCIS rules on immigration. The Philippines is second only to Mexico when it comes to legal immigration into the United States. You are going to have to get an Alien Fiancee K-1 visa enter the US legally then get married and apply for Resident Alien status. This will also entitle you to work while your Resident Alien status is decided. It's a pain to do but you don't need a lawyer to get it done. After you enter you will not be able to travel until you are given Resident Alien status. Also I'll throw this in since you didn't say why you don't want to get married in the Philippines. If you are married to a Filipino citizen the Philippine government does not recognize divorce from anywhere. In that case you will have to do what my wife did, which is wait until she was Naturalized as a US citizen before she could travel because they refused to change her name in her Philippine passport, since her name on her Green Card didn't match her passport she could not travel out of the US and return back into the US. If you were never married then after you get K-1 visa, marry, then apply for Resident Alien status. After you get your Green Card (I know there not green anymore) you will be able to travel on your Philippine passport and Green Card freely.

As for getting married in Thailand besides committing to each other in a formal ceremony, it will have no legal standing in the US or the Philippines

Hope this helps .

GunnyD

Edited February 10, 2008 by gunnyd

[jstumbo]

After you enter you will not be able to travel until you are given Resident Alien status.

After filing for Adjustment of Status in the US, you can also file for Advanced Parole to travel outside the US while your application is being processed.

If you are married to a Filipino citizen the Philippine government does not recognize divorce from anywhere.

Really? A Filipino citizen cannot ever get a divorce, even in the Philipines? Must be something do do with the Catholic Church.

After you get your Green Card (I know there not green anymore) you will be able to travel on your Philippine passport and Green Card freely.

Again, you could file for Advanced Parole to travel before receiving your greencard. And by freely, I assume you mean as freely as you could on a Philippine passport. The greencard might help in getting needed visas, but it only really aids travel to Canada.

As for getting married in Thailand besides committing to each other in a formal ceremony, it will have no legal standing in the US or the Philippines

If you legally register your marriage in Thailand it is legally binding in the US. If you just have a ceremony, without the license or registering it at the approriate Thai government office, then it would not be legally binding.

[gunnyd]

@jstumbo,

Have you petitioned your wife to immigrate to the US?

Have you dealt with the Philippine government?

Do you know about Filipino culture?

I have done all of these things, all that I have said is true. Are you just here to get a rise out of other people? I am giving advice from personal experience with the USCIS and the Filipino government. And yes there is no legal way to get a divorce in the Philippines. They are the only country in the world that does not allow divorce.

As I stated before K-1 visa, marry in US, apply for adjustment to Resident Alien status. Advance Parole is only given in extraordinary situations and even if you are granted it the USCIS clearly states that you are not guaranteed re-entry into the US. You make it sound like you just show up and say I'd like advance parole and they pat you on the head, give it out, and then you're set. Nothing could be further from the truth.

You really shouldn't mislead people looking for advice.

[TerryLH]

"If you legally register your marriage in Thailand it is legally binding in the US. If you just have a ceremony, without the license or registering it at the approriate Thai government office, then it would not be legally binding."

gunnyd (ex marine?)

You didn't respond to the above, posted by jstumbo.

Believe it or not, he's right. And yes, been there, done that.

[gunnyd]

"If you legally register your marriage in Thailand it is legally binding in the US. If you just have a ceremony, without the license or registering it at the approriate Thai government office, then it would not be legally binding."

gunnyd (ex marine?)

You didn't respond to the above, posted by jstumbo.

Believe it or not, he's right. And yes, been there, done that.

I was just try to give the full picture of what is involved in the process since I have been through all of it. As for marriage in Thailand between to non-Thais, if I am wrong about that am not to proud to admit that I was wrong, that's how you learn. And yes once a Marine always a MARINE!! HOOOORAAAHHHH!!! Even if I am brokedick on disability.

And it would be ideal to get a K-1, and marry in the US. It will save them a lot of headaches.

I follow in the great tradition of those who came before me. Go on liberty in The Philippines then meet, fall for, and marry a Filipina. Gotta love those Asian ladies

Edited February 10, 2008 by gunnyd

[jstumbo]

@jstumbo,

Have you petitioned your wife to immigrate to the US?

Yes, she arrived on a K1 visa in March of 2002.

Have you dealt with the Philippine government?

Nope, never been there.

Do you know about Filipino culture?

A little, have some Filipino friends and coworkers. But I will defer to you on their culture, being that you are married to one.

And yes there is no legal way to get a divorce in the Philippines. They are the only country in the world that does not allow divorce.

I was just expressing my surprise (and rightly so, since they are the only one), and I imagine that it has to do with them being such a catholic society? Kind of like in the US where catholic's cannot get a divorce, they have to get an anulment from the church in order to get married again in the church? Can they do this in the Philipines?

As I stated before K-1 visa, marry in US, apply for adjustment to Resident Alien status. Advance Parole is only given in extraordinary situations and even if you are granted it the USCIS clearly states that you are not guaranteed re-entry into the US. You make it sound like you just show up and say I'd like advance parole and they pat you on the head, give it out, and then you're set. Nothing could be further from the truth.

I only know that after my wife came, we took a trip back to have a celebration in China with her family. She applied for Advanced Parole and we went to visit her family before she had her greencard. I have a friend who's wife is from the Philipines, she also applied for it and traveled on it prior to getting her greencard. She needed to return to the Philipines for a short stay to finish up some business with selling a home. Maybe we were lucky, but when we were doing it, I heard of many people doing it and no one ever reported being denied. Sure, they will not say that you are guaranteed it. A greencard does not guarantee that you will be admited. A visa does not guarantee that you will be admited.

You really shouldn't mislead people looking for advice.

I am not trying to mislead anyone. I am just telling them my personal experience and the experience of others I know. Personally though, if someone is looking for US immigration advice, I would suggest visajourney.com which is all about US immigration, instead of a Thailand themed forum.

Edited February 10, 2008 by jstumbo

[gunnyd]

Very true ThaiVisa.com doesn't seem to the plave to look for advice on immigrating the the US. And I am relaying the experience me and my wife had in 2001 with USCIS (INS @ that time) in Orange County, California. They were pains in the ass.

And the Philippines is heavy duty Catholic, to get your marriage annuled you have to spend a boatload of Pesos for a good lawyer. The only way to get an annulment is to legally prove that you were mentally incompetent when you married your husband if he is a Filipino citizen. If it is to a foreign national it is easier, but not my much. They are living in the stone age in some respects there still. I don't mind visiting her home in Cebu but I always make a stop in LOS. It is much more enjoyable in the LOS, maybe it's the Buddhism.

/post edited multiple times/ I really need to learn to type better.

Edited February 10, 2008 by gunnyd

[jstumbo]

Very true ThaiVisa.com doesn't seem to the plave to look for advice on immigrating the the US. And I am relaying the experience me and my wife had in 2001 with USCIS (INS @ that time) in Orange County, California. They were pains in the ass.

It probably works for basic information, but things change too often. I imagine that the process is much different than when we both went through it with our wives. The people on the other site are going through it right now, know what the current process is and would be a better source than either one of us.

[LoveBug]

Thanks for all the info, folks. I am reading now. Just to clarify, the Philippines recognizes divorce in foreign courts only if it was initiated by the foreign husband/wife. I don't know if that applies even if one marries in the country though.

It's not the reason why we don't want to marry here yet. It's personal and we do intend to do that in the future. But for now we'd rather marry in Thailand legally and hopefully with a Buddhist ceremony if we can. Then if we can qualify as residents in Thailand, file a DCF there after a year.

My fiance wants to get out of the US for a while and see other places too. And I want to visit a foreign country. We think Thailand seems like a nice place and it's friendly to alien couples too it seems.

I went to see VisaJourney after someone advised me. But I haven't seen a Thailand forum there. What if I write a Thai government site? Like an official immigration site?

[gunnyd]

If you are talking about becoming Resident Alien's in Thailand, here is the information from the Thai immigration bureau:

http://www.immigration.go.th/nov2004/en/do...tion4extend.doc

And here's their homepage:

http://www.immigration.go.th/nov2004/en/base.php

[Lite Beer]

To get permanant residence you need to show (amongst other things) a record of tax payments to the Thai government.

You can read all about it here.

http://www.thaivisa.com/forum/index.php?showtopic=74654

If you want info on staying in Thailand long term the Immigration website is out of date. The latest immigration rules are here

Edited February 11, 2008 by Lite Beer