Marriage: Here Or There

[paulgfox]

Most people have told me that it is a very bad idea to marry my fiancée in Thailand first. I should get a Fiancée Visa and get married in Hawaii (my home state)*. If you get married in Thailand first, I have been told it will take longer to get a visa for her to come to America.

But I recently attended a friend’s wedding in Bangkok and they got married there first. They had no problem getting a visa for her to come and live in America.

So what’s the deal!?! Should I marry in Thailand or wait, get a Fiancée Visa, and marry in Hawaii? What do you guys think?

Thanking you all in advance….

Paul Fox

Asst. Chief of Training

Changpuak Fire Dept.

*After marrying we plan to live in Hawaii for at least two years before returning to Thailand to live.

[lopburi3]

Will move to proper forum as this is not about Thai visas but about US visas.

[meandwi]

We did the fiance Visa route. After her visa was approved. We had an undocumented traditional Thai wedding here, then went to the States on our honeymoon and to live. Recieved her green card in 6 months, now we come and go as we please. Very easy to do yourself.

Good luck,

meandwi

[fire2rescue99]

A K-1 fiance' visa allows you to bring her to the states and then you have 3 months to have a wedding. It takes 6 months or less to get her stateside once you file.

You can have a lavish, elaborate ceremony in Thailand and invite the entire village. You will be married by an odd number of monks and blessed with holy water and well wishes of all the witnesses. That said, you do not go and register the marriage in Thailand. The religious, very public ceremony is sufficient for the family here. When your tilac arrives in the states, you get your marriage license at the courthouse, then you perform your own religious/civil ceremony.

If you decide to get married in Thailand and have the event legally recorded here, then you are asking for a different type of visa from the American government. It can take 18 - 36 months (I'm not sure on this wait, but I know it is significantly more than the fiance' way) to then bring your wife to the states. It seems the reverse of the way one might think how it should work, but that's the deal. Good luck!

[lopburi3]

There has been a concerted effort to make both methods the same period of time - current uscis wait times can be found at https://egov.uscis.gov/cris/jsps/ptimes.jsp

The Embassy visa issue after this approval is received will only be a few weeks.

Currently LA service center has a January 17, 2008 processing date for all applications - so a little more than 7 months.

[Martian]

It has always been the common contention that a marriage visa takes longer than a K-1 Visa and I currently concur with that viewpoint. I brought my now wife over on a K-1 and everything happened rather promptly and very smoothly. The success and time frame of the petition (K-1 or other visa) can be affected by the petitioner. Do you have the proper documentation? Have you completed the applications correctly? Have you written everything very clearly? Do you have the correct amount of corroborating evidence? etc. etc.

I believe in the K-1 route and agree with the do the "religious" ceremony in Thailand to appease the family but don't register with the government and she will still be considered your Fiancee. Also, by bringing a Fiancee to the USA and not a wife, there are more options should that Fiancee decide she really don't like living here. I would take full advantage of the 3 month to get married window to see how things go. Much easier to send a Fiancee back to Thailand than to get a divorce from a wife...all because she really wasn't happy living here (and this is quite common).

My wife is awaiting her Citizenship Oath Ceremony notice and she has been a permanent resident just over 3 years now, right at the minimum amount of time required to become a citizen....so it does work if you are on your toes and do everything correctly (Many people don't recognize that you can start the citizenship application 90 days prior to meeting the full 3 years residency/marriage requirements). Believe it or not I've found USCIS to be pretty efficient and deserving of praise for the job they do. After going through the whole process, I have to say that the Bangkok embassy was the hardest part, although they weren't that difficult......just tedious to make the trips and fulfill their requests.

Regards,

Martian

[dinger]

Greetings all

Have been reading this forum for some time and gotten a wealth of info thanks to everyone. Been trying to do most of this on my own but time to jump in as I could use a bit of help.

I am in a similar situation as the original post with regards to visa aplications. Right now we have a tourist visa application in the process (week 5 since the aplication was submitted). The intent was just for short visit this year and then for her return to her home so as to start a visa history. We are planning on getting married next year. So far from what I have read on many threads that getting a plain tourisit visa is very difficult even with ties to Thailand, ( she owns her home, has 2 school aged children that live with her and has a fairly good bank account). I think we have all of the proper documentation in place but who knows.

Question: If we are declined on the toursit visa and I turn around and apply for a K-1 visa is that a red flag?

Once again thanks to everyone for all the great information

[Martian]

Greetings all

Have been reading this forum for some time and gotten a wealth of info thanks to everyone. Been trying to do most of this on my own but time to jump in as I could use a bit of help.

I am in a similar situation as the original post with regards to visa aplications. Right now we have a tourist visa application in the process (week 5 since the aplication was submitted). The intent was just for short visit this year and then for her return to her home so as to start a visa history. We are planning on getting married next year. So far from what I have read on many threads that getting a plain tourisit visa is very difficult even with ties to Thailand, ( she owns her home, has 2 school aged children that live with her and has a fairly good bank account). I think we have all of the proper documentation in place but who knows.

Question: If we are declined on the toursit visa and I turn around and apply for a K-1 visa is that a red flag?

Once again thanks to everyone for all the great information

Hi Dinger,

I don't think it is a red flag for the K-1 visa per say. If anything, it might just embolden the Embassy staff into thinking: "See, we were right to deny this tourist visa, they were going to get married" type of thing, however wrong they might be. If the tourist visa doesn't go through, take some deep breaths, reformulate your plan, and then begin with the Fiancee visa process in accordance with yours and your sweetie's plans. Be sure to have the proper supporting documentation and dot your i's and cross your t's.

My wife just received notice she will take the Oath of Citizenship on September 25. It has been a long and tedious (not necessarily difficult) road but finally a light at the end of the tunnel for us.

Good luck on your journey and do read this board, it has lots of useful information but there is also much discouragement posted here, don't let that slow you down.

Regards,

Martian

[dinger]

Greetings all

Have been reading this forum for some time and gotten a wealth of info thanks to everyone. Been trying to do most of this on my own but time to jump in as I could use a bit of help.

I am in a similar situation as the original post with regards to visa aplications. Right now we have a tourist visa application in the process (week 5 since the aplication was submitted). The intent was just for short visit this year and then for her return to her home so as to start a visa history. We are planning on getting married next year. So far from what I have read on many threads that getting a plain tourisit visa is very difficult even with ties to Thailand, ( she owns her home, has 2 school aged children that live with her and has a fairly good bank account). I think we have all of the proper documentation in place but who knows.

Question: If we are declined on the toursit visa and I turn around and apply for a K-1 visa is that a red flag?

Once again thanks to everyone for all the great information

Hi Dinger,

I don't think it is a red flag for the K-1 visa per say. If anything, it might just embolden the Embassy staff into thinking: "See, we were right to deny this tourist visa, they were going to get married" type of thing, however wrong they might be. If the tourist visa doesn't go through, take some deep breaths, reformulate your plan, and then begin with the Fiancee visa process in accordance with yours and your sweetie's plans. Be sure to have the proper supporting documentation and dot your i's and cross your t's.

My wife just received notice she will take the Oath of Citizenship on September 25. It has been a long and tedious (not necessarily difficult) road but finally a light at the end of the tunnel for us.

Good luck on your journey and do read this board, it has lots of useful information but there is also much discouragement posted here, don't let that slow you down.

Regards,

Martian

Hi Martain

Congrats to you and your wife for the citizenship, am sure it has been a long road. Wish you the both the best.

This whole process is so perplexing. In my case I just want my girlfriend (who I plan on getting married to next year) to be able to visit the U S. No plans on getting married on tourist visa. But it looks like the best way for that to happen is for her to come here on a K-1 visa and we get married here. Problem that I see is that once she gets here on a K-1 she is not free to go back to Thailand until we change her status, not sure how long that takes. We are not planning on living in the U S and I plan on living with her in Thailand in less than 2 years so changing status to green card not really necessary. Any thoughts would be appreicated.

Thanks

[Martian]

Greetings all

Have been reading this forum for some time and gotten a wealth of info thanks to everyone. Been trying to do most of this on my own but time to jump in as I could use a bit of help.

I am in a similar situation as the original post with regards to visa aplications. Right now we have a tourist visa application in the process (week 5 since the aplication was submitted). The intent was just for short visit this year and then for her return to her home so as to start a visa history. We are planning on getting married next year. So far from what I have read on many threads that getting a plain tourisit visa is very difficult even with ties to Thailand, ( she owns her home, has 2 school aged children that live with her and has a fairly good bank account). I think we have all of the proper documentation in place but who knows.

Question: If we are declined on the toursit visa and I turn around and apply for a K-1 visa is that a red flag?

Once again thanks to everyone for all the great information

Hi Dinger,

I don't think it is a red flag for the K-1 visa per say. If anything, it might just embolden the Embassy staff into thinking: "See, we were right to deny this tourist visa, they were going to get married" type of thing, however wrong they might be. If the tourist visa doesn't go through, take some deep breaths, reformulate your plan, and then begin with the Fiancee visa process in accordance with yours and your sweetie's plans. Be sure to have the proper supporting documentation and dot your i's and cross your t's.

My wife just received notice she will take the Oath of Citizenship on September 25. It has been a long and tedious (not necessarily difficult) road but finally a light at the end of the tunnel for us.

Good luck on your journey and do read this board, it has lots of useful information but there is also much discouragement posted here, don't let that slow you down.

Regards,

Martian

Hi Martain

Congrats to you and your wife for the citizenship, am sure it has been a long road. Wish you the both the best.

This whole process is so perplexing. In my case I just want my girlfriend (who I plan on getting married to next year) to be able to visit the U S. No plans on getting married on tourist visa. But it looks like the best way for that to happen is for her to come here on a K-1 visa and we get married here. Problem that I see is that once she gets here on a K-1 she is not free to go back to Thailand until we change her status, not sure how long that takes. We are not planning on living in the U S and I plan on living with her in Thailand in less than 2 years so changing status to green card not really necessary. Any thoughts would be appreicated.

Thanks

I would say the tourist visa is the route to go if you can provide strong evidence that YOU have a compelling reason to return to Thailand (if she doesn't). This has worked for other people including in my case. If your end goal is to get her to visit the US and not stay there permanently, then you might consider the K-1 (marry or either not marry while there) as a vehicle to gain her entry. I'm sure you two wouldn't be the first couple to return to Thailand within the 90 day window having decided not to get married. Just have a good answer as to why not then but now, in the future, you want to try it again, should that become the case.

Adjustment of status takes weeks in best case scenario, months to complete in worst case scenario. Even then there are "residency" requirements to maintain the green card unless you go with an I-131 or something that allows absences for up to two years without affecting the green card holder's status. I recommend you research that more yourself, I've no first-hand experience with that. Perhaps SoiLawyer can expound on that, I'm sure he is very familiar with the leave of absence terms.

Regards,

Martian

[dinger]

Greetings all

Have been reading this forum for some time and gotten a wealth of info thanks to everyone. Been trying to do most of this on my own but time to jump in as I could use a bit of help.

I am in a similar situation as the original post with regards to visa aplications. Right now we have a tourist visa application in the process (week 5 since the aplication was submitted). The intent was just for short visit this year and then for her return to her home so as to start a visa history. We are planning on getting married next year. So far from what I have read on many threads that getting a plain tourisit visa is very difficult even with ties to Thailand, ( she owns her home, has 2 school aged children that live with her and has a fairly good bank account). I think we have all of the proper documentation in place but who knows.

Question: If we are declined on the toursit visa and I turn around and apply for a K-1 visa is that a red flag?

Once again thanks to everyone for all the great information

Hi Dinger,

I don't think it is a red flag for the K-1 visa per say. If anything, it might just embolden the Embassy staff into thinking: "See, we were right to deny this tourist visa, they were going to get married" type of thing, however wrong they might be. If the tourist visa doesn't go through, take some deep breaths, reformulate your plan, and then begin with the Fiancee visa process in accordance with yours and your sweetie's plans. Be sure to have the proper supporting documentation and dot your i's and cross your t's.

My wife just received notice she will take the Oath of Citizenship on September 25. It has been a long and tedious (not necessarily difficult) road but finally a light at the end of the tunnel for us.

Good luck on your journey and do read this board, it has lots of useful information but there is also much discouragement posted here, don't let that slow you down.

Regards,

Martian

Hi Martain

Congrats to you and your wife for the citizenship, am sure it has been a long road. Wish you the both the best.

This whole process is so perplexing. In my case I just want my girlfriend (who I plan on getting married to next year) to be able to visit the U S. No plans on getting married on tourist visa. But it looks like the best way for that to happen is for her to come here on a K-1 visa and we get married here. Problem that I see is that once she gets here on a K-1 she is not free to go back to Thailand until we change her status, not sure how long that takes. We are not planning on living in the U S and I plan on living with her in Thailand in less than 2 years so changing status to green card not really necessary. Any thoughts would be appreicated.

Thanks

I would say the tourist visa is the route to go if you can provide strong evidence that YOU have a compelling reason to return to Thailand (if she doesn't). This has worked for other people including in my case. If your end goal is to get her to visit the US and not stay there permanently, then you might consider the K-1 (marry or either not marry while there) as a vehicle to gain her entry. I'm sure you two wouldn't be the first couple to return to Thailand within the 90 day window having decided not to get married. Just have a good answer as to why not then but now, in the future, you want to try it again, should that become the case.

Adjustment of status takes weeks in best case scenario, months to complete in worst case scenario. Even then there are "residency" requirements to maintain the green card unless you go with an I-131 or something that allows absences for up to two years without affecting the green card holder's status. I recommend you research that more yourself, I've no first-hand experience with that. Perhaps SoiLawyer can expound on that, I'm sure he is very familiar with the leave of absence terms.

Regards,

Martian

Hi Martian

Well today is the 28th so your wife should be a new citizen congrats to both of you. Have begun my quest for a k-1 visa and have some specific questions. Would it be better to PM you with them or okay to post here? Thanks for the help.

Greg

[jetjock]

Aloha Dinger,

I am currently sitting here at my computer in my house here in Kona and happened to come across your posts. Martian is right on with all his great information for you. My wife also came over here on a K-1 fiancee visa and I agree totally that it is the quickest and easiest route to go. My wife will have been a permanent resident here for 2 years and 9 months in May of next year when she will then apply for citizenship. Like Martian, I think the USCIS process is quite efficient as long as you remember to dot all the i's and cross all the t's and not leave anything undone on the applications. Quite frankly, it turned out to be a piece of cake for us with absolutely no problems at any stage of the process. Feel free to pm me if you run into any problems anytime along the way if I might also be able to be of help to you .

ps: Martian, Congrats so much on your wife getting her US citizenship. I am really looking forward my wife getting her US citizenship because we travel alot and I am burning out on having to run to a different embassy to get her a visa almost everytime we go somewhere. She is currently traveling over in Europe on a Schengen visa which we had to of course apply for which thankfully she will not need to do once she is a US citizen.

[Martian]

Aloha Dinger,

I am currently sitting here at my computer in my house here in Kona and happened to come across your posts. Martian is right on with all his great information for you. My wife also came over here on a K-1 fiancee visa and I agree totally that it is the quickest and easiest route to go. My wife will have been a permanent resident here for 2 years and 9 months in May of next year when she will then apply for citizenship. Like Martian, I think the USCIS process is quite efficient as long as you remember to dot all the i's and cross all the t's and not leave anything undone on the applications. Quite frankly, it turned out to be a piece of cake for us with absolutely no problems at any stage of the process. Feel free to pm me if you run into any problems anytime along the way if I might also be able to be of help to you .

ps: Martian, Congrats so much on your wife getting her US citizenship. I am really looking forward my wife getting her US citizenship because we travel alot and I am burning out on having to run to a different embassy to get her a visa almost everytime we go somewhere. She is currently traveling over in Europe on a Schengen visa which we had to of course apply for which thankfully she will not need to do once she is a US citizen.

My wife and I appreciate your kind words! It looks like you know that you can actually apply for citizenship 3 months before the 3 year (married to US citizen) residency/marriage benchmark is attained. Many people lose 3 months time by not taking advantage of this in the application rules. Good luck to you and your wife with the citizenship pursuit. Just as you with Dinger, I am willing to help you (and him) with any questions you might have...but I have a sneaky suspicion that I won't be getting any questions from you! Anyway, if need be, I'll help.

My wife received her citizenship 3 years and 1 month, to the day, after becoming a lawful permanent resident. That is pretty efficient.

Regards,

Martian

[Martian]

Greetings all

Have been reading this forum for some time and gotten a wealth of info thanks to everyone. Been trying to do most of this on my own but time to jump in as I could use a bit of help.

I am in a similar situation as the original post with regards to visa aplications. Right now we have a tourist visa application in the process (week 5 since the aplication was submitted). The intent was just for short visit this year and then for her return to her home so as to start a visa history. We are planning on getting married next year. So far from what I have read on many threads that getting a plain tourisit visa is very difficult even with ties to Thailand, ( she owns her home, has 2 school aged children that live with her and has a fairly good bank account). I think we have all of the proper documentation in place but who knows.

Question: If we are declined on the toursit visa and I turn around and apply for a K-1 visa is that a red flag?

Once again thanks to everyone for all the great information

Hi Dinger,

I don't think it is a red flag for the K-1 visa per say. If anything, it might just embolden the Embassy staff into thinking: "See, we were right to deny this tourist visa, they were going to get married" type of thing, however wrong they might be. If the tourist visa doesn't go through, take some deep breaths, reformulate your plan, and then begin with the Fiancee visa process in accordance with yours and your sweetie's plans. Be sure to have the proper supporting documentation and dot your i's and cross your t's.

My wife just received notice she will take the Oath of Citizenship on September 25. It has been a long and tedious (not necessarily difficult) road but finally a light at the end of the tunnel for us.

Good luck on your journey and do read this board, it has lots of useful information but there is also much discouragement posted here, don't let that slow you down.

Regards,

Martian

Hi Martain

Congrats to you and your wife for the citizenship, am sure it has been a long road. Wish you the both the best.

This whole process is so perplexing. In my case I just want my girlfriend (who I plan on getting married to next year) to be able to visit the U S. No plans on getting married on tourist visa. But it looks like the best way for that to happen is for her to come here on a K-1 visa and we get married here. Problem that I see is that once she gets here on a K-1 she is not free to go back to Thailand until we change her status, not sure how long that takes. We are not planning on living in the U S and I plan on living with her in Thailand in less than 2 years so changing status to green card not really necessary. Any thoughts would be appreicated.

Thanks

I would say the tourist visa is the route to go if you can provide strong evidence that YOU have a compelling reason to return to Thailand (if she doesn't). This has worked for other people including in my case. If your end goal is to get her to visit the US and not stay there permanently, then you might consider the K-1 (marry or either not marry while there) as a vehicle to gain her entry. I'm sure you two wouldn't be the first couple to return to Thailand within the 90 day window having decided not to get married. Just have a good answer as to why not then but now, in the future, you want to try it again, should that become the case.

Adjustment of status takes weeks in best case scenario, months to complete in worst case scenario. Even then there are "residency" requirements to maintain the green card unless you go with an I-131 or something that allows absences for up to two years without affecting the green card holder's status. I recommend you research that more yourself, I've no first-hand experience with that. Perhaps SoiLawyer can expound on that, I'm sure he is very familiar with the leave of absence terms.

Regards,

Martian

Hi Martian

Well today is the 28th so your wife should be a new citizen congrats to both of you. Have begun my quest for a k-1 visa and have some specific questions. Would it be better to PM you with them or okay to post here? Thanks for the help.

Greg

Hi Greg,

Sorry, I don't have my account configured that I am notified of a response to any threads I post into so I am now just reading your post.

Yes, Although the ceremony (300 people) was somewhat unorganized, they kept it simple and in the end....my wife is now a US citizen! Funny enough I was the one who got a little emotional. I guess with all the work and time I put into it plus the recent bad events in my life, it was a relief and uplift to complete this long journey. Thank you for the kind words and I wish the best for your pursuits. If I can be of any help, please don't hesitate to send me a private message!

Just PM me at your convenience and give me an email address and we can communicate more direct. But as they say in Thailand up to you! Either way is fine with me.

Regards,

Martian

Edited October 2, 2008 by Martian