K1 Question And Direct Consular Filing

[Digitalman]

Wow so I've bought books, seachred the depths of the web, visited some of these legal places (SIAM LEGAL), and am still wondering about a few things concerning the K1.

Here is my situation:

Traditional Thai wedding, didn't register the marriage ext..

I live in Thailand (Chiang Mai) on a Non -Imm O ME visa, (another expired one from last year in my old expired passport)

I don't have a work permit. I volunteer for a nonprofit in the US.

I want to bring my "wife" or fiance in the eyes of the law to the US..

In April we will have a baby.. so I am not leaving Thailand anytime soon..

My question is, if I live here can I apply for Direct Consular filing in Chiang Mai or Bangkok?

If I can't, where and how do I send the I29 file? How will I receive notifications from the US government if I am in Thailand?

I just worry about the fact that I am in Thailand and that might slow everything down.. My parents in the US are helping with a lot of things, so do I just use their address? My house is in Georgia, they live in Texas...

Any help would be great.. I want to start this ASAP..

Siam legal I didn't trust by the way.. They were going to have me and my mrs do things that I would expect them to do as our legal representative, and I thought it crazy to pay nearly 2 grand to have someone fill out forms and mail them... Overall they came across as more a visa service than actual legal representation.

I just need to hear your experiences and best tactics, especially from those that did all this from Thailand.

Thanks...

[wasabi]

If you feel you want a lawyer recommend William White to help you. He can be reached at [email protected]. However his costs are around the cost of Siam Legal to do the whole thing so you might just want to see if he can advise you on how to proceed.

One problem I foresee for you is proving US Domicile.

Edited September 24, 2008 by wasabi

[thaihome]

Do you intend to live in the US?

If so, register the marriage and file the I-130 with Bangkok office of the USCIS (accross from consulate on Wirless Road). Once they approve it (takes about a week) then you get the all the forms (packet 3) and send to consulate to schedule interview. Process takes about 3-4 months depending on good you are at filling out government forms and collecting documents.

You can send an e-mail explaining how you think you qualify as a resident and therefore can file in Thailand and see what they say.

TH

[Digitalman]

Change K1 to K3 maybe even the CR1 or whatever its called(sorry)

US Domicile? I need to know more about this...

I am temporarily residing in Thailand... If I didn't have residence in the US why am trying to take my wife there? I don't understand this issue...

I have live and active bank accounts, a 401k, medical insurance, recent medical bills, a residence, a car ext all in the US... Isn't this proof that I intend to return and that I have US Domicile?

I just work off support people give me for my humanitarian efforts and volunteer work.. I am not officially "employed" but work voluntarily for a non prof... I can have a letter written and notarized on my behalf by them if need be..

Is this enough?

[thaihome]

If you have a US bank account domicile is not an issue. Don't worry about it anymore.

In order to file the I-130 with Bangkok USCIS office you need to prove to them you have been a resident of Thailand for a year or more. This does not mean you have given up your residence in the US. The normal way to prove Thailand residency to the USCIS is have a visa extension and/or a work permit, a lease and utilities in your name. If you have been doing 90 day entry stamp runs, it may be problematic. If you cannot file in Bangkok, you will have to go through a US Service Center, which can take many months.

Send them an e-mail. Do not recommended calling or going in person as you will unlikely get past the Thai receptionist, who is very strict (though fair).

TH

Edited September 25, 2008 by thaihome

[TheSoiLawyer]

This website was somewhat helpful on this matter:

http://www.thai-visas.com/node/12

Hope it helps

[glennb6]

back in 2002 I had been living in Thailand for almost 3 yrs, got married legally and registered officially there. Planned to bring wife back to US thereafter. Read about DCF, sounded convenient and appropriate and went that route.

If I remember correctly (the US State Dept office) was initially involved before the US Embassy and all that fun paperwork. BITCH at the State Dept office looked at my passport and stated that I was a US Citizen and resident and that I did not reside in Thailand. Told her that in the past 3 yrs I'd only visited US once for 2 wks and don't maintain a residence in the US as I lived in Thailand. She says look at all the exit-entry stamps in the passport, says "you cannot be a Thai resident, look at all these stamps, you're a tourist". She didn't care to listen that those stamps were need to stay in Thailand legally per Thai Immigration dept. She then stated that if the passport doesn't show an office Thai RESIDENCY stamp, I wasn't resident or domicile, but that I lived in the US.

She then walked away from the shatterproof glass window not to return.

This cost me an additional 8 mths living in Thailand waiting for the "US marriage visa" to process. Not terrible but and additional expense.

Be very careful with the DCF route.

glenn

[thaihome]

As I said, if you are not on a yearly permission to stay stamp extension (miscalled the Non-Imm "O" or "B" yearly visa) it is difficult to prove you are resident, especially if you have been coming in and out of Thailand every 30 days on a visa exemption mixed in with 60 days tourist visas entries.

Technically the “bitch” at the counter is correct, and there is no sense in arguing with her. That is why I strongly suggested the OP send an e-mail to the USCIS office and ask first. Will save everyone a lot of problems.

To the last poster, I believe in 2002 you could have gone to KL which at that time had no residency requirement to file a DCF.

TH

[freddiefunk]

Thaihome - You make a very certain statement (see below). Are you implying that the details of the bank account are not important?...Such as the age of the account, the value of the account, or the amount of recent activity?

I'm just curious... I'll be happy if it is that simple because I am in the process of preparing proof of domocile material.

Thanks,

Freddie

If you have a US bank account domicile is not an issue. Don't worry about it anymore.

[thaihome]

Thaihome - You make a very certain statement (see below). Are you implying that the details of the bank account are not important?...Such as the age of the account, the value of the account, or the amount of recent activity?

I'm just curious... I'll be happy if it is that simple because I am in the process of preparing proof of domocile material.

Thanks,

Freddie

If you have a US bank account domicile is not an issue. Don't worry about it anymore.

Where in the process of filing the I-130 in Bangkok (it is not a DCF as you file at USCIS office) do you see the need to have specfic documents proving domicle in the US?

TH