I-130 Residency Requirement (i.e. Where You File It)

[j0hnga1t]

I hear that the quickest way to get a visa processed (in my case marriage/I-130) if I reside in Thailand and file it with the Embassy there; HOWEVER, I reside in the US and given that it appears that the fiance visa is the way to go....one year vs 1.5 years......

Is their any way or has anyone had any luck with getting the residence requirement waived? (i.e. not having to file in the states but directly with the embassy in Bangkok)

[SaigonDaze]

You need to prove that you live/work in Thailand in order to do a DCF (Direct Consular Filing).

[DirectorIntegrityLegal]

Although direct consular filing is technically possible at any Consulate or Embassy, it is very rare and I dare say virtually impossible. Another method that is often confused with DCF is filing with the USCIS office in Bangkok. However, Bangkok USCIS will only accept applications from those who have been resident in Thailand for at least one year on a Non-Immigrant Visa, or are permanent residents of Thailand. For those with US residence there is really no way of "bypassing" the conventional method of obtaining an Immigrant or Non-Immigrant Visa to the US. If it is a K-1 or Immigrant Visa, then the I-129f or I-130 petition should be filed at either the California or Vermont Service Center (depending upon state of residence). USCIS will send the case to NVC who forwards the case on to the Embassy in Bangkok.

I think your time estimates are a bit pessimistic. It usually takes 1 year for an Immigrant Visa (I-130) and about 6 months for a K-1 (I-129f). These figures are conservatively optimistic and always subject to change, but it has been my experience that this is how long it takes.

Please let me know if I can be of assistance in this matter.

Good Luck!

Ben Hart

US Immigration Attorney

Integrity Legal

02-686-3447

US Toll Free 1-877-231-7533

[wasabi]

I agree with Ben.

[j0hnga1t]

Ben, Thanks.  I've been explaining the timing to my girlfriend (my info was from an INS (now ICE) Agent), but she relies on what other people tell her.  She tells me that getting married and doing an I-130 is quicker.  I tell her a K-1 is quicker.  Everyone's situation is different.  I'm trying to reason with her now and if that doesn't work, I'm going to lay down the law and be a man rather than a "Katoey" which she calls me on occasion if I get emotional when I say good bye to her at the airport at the end of a  trip.....

[SaigonDaze]

Although in Vietnam, my K3 Visa only took 5 months. A friend in Thailand (Bangkok) only took 4 months. I think your times will be shorter than what you're hearing.

And don't let your wife call you a Katoey anymore.....

[j0hnga1t]

SaigonDaze,

does your friend's husband (the petitioner) reside in Thailand or the USA.  I hear that if the petitioner resides in Thailand, that they can apply directly at the US Embassy and it takes about four months, but if I have to apply in the states, it takes at least a year....

And depending on what she is doing   she can call me whatever she wants 

[thaihome]

Although direct consular filing is technically possible at any Consulate or Embassy, it is very rare and I dare say virtually impossible. Another method that is often confused with DCF is filing with the USCIS office in Bangkok. However, Bangkok USCIS will only accept applications from those who have been resident in Thailand for at least one year on a Non-Immigrant Visa, or are permanent residents of Thailand. For those with US residence there is really no way of "bypassing" the conventional method of obtaining an Immigrant or Non-Immigrant Visa to the US. If it is a K-1 or Immigrant Visa, then the I-129f or I-130 petition should be filed at either the California or Vermont Service Center (depending upon state of residence). USCIS will send the case to NVC who forwards the case on to the Embassy in Bangkok.

I think your time estimates are a bit pessimistic. It usually takes 1 year for an Immigrant Visa (I-130) and about 6 months for a K-1 (I-129f). These figures are conservatively optimistic and always subject to change, but it has been my experience that this is how long it takes.

Please let me know if I can be of assistance in this matter.

Good Luck!

Ben Hart

US Immigration Attorney

Integrity Legal

02-686-3447

US Toll Free 1-877-231-7533

DCF's are very common, in fact Visa Journey has an entire forum devoted to the process. In places such as Bangkok, where the USCIS has an office, the I-130 is processed by them (takes about a week) instead of being filed directly with the consulate if there is no USCIS office. This is by far the fastest route, I know a couple that did it in 2 months last year and half of that was waiting for the interview.

The official residency requirement is 6 months but in Bangkok they require 1 year and you do indeed need to have a non-imm extension to get past the dragon lady at the USCIS front desk.

TH

[DirectorIntegrityLegal]

As stated in my above post, a DCF is not the same thing as filing with the Bangkok field office of USCIS. Direct Consular Filing is exactly what its name suggests: Filing Directly with the Consulate (as opposed to going through the usual channels of USCIS). People mistake DCF with filing a petition at the field office in Bangkok. These are NOT the same things, although it causes some confusion (it confused me initially).

USCIS regulations stipulate that one must file a petition with the office having jurisdiction in the place in which a citizen is resident. Bangkok USCIS construes the term "residence" to mean: 1 year in Thailand on a long term visa.

I hope this clears up some of the confusion, semantic as it may be.

Ben Hart

US Immigration Attorney

Integrity Legal

02-686-3447

1-877-231-7533

[SaigonDaze]

SaigonDaze,

does your friend's husband (the petitioner) reside in Thailand or the USA. I hear that if the petitioner resides in Thailand, that they can apply directly at the US Embassy and it takes about four months, but if I have to apply in the states, it takes at least a year....

And depending on what she is doing she can call me whatever she wants

My friend had been working/living in BKK for over 2 years.

[j0hnga1t]

That's why it's soooo quick.  thanks for confirming what my friend told me...If only I lived in Thailand. This weekend, I start the K-1 paperwork