Which Visa To Usa For My Child & Gf?

[inquisitive]

I am a US citizen staying in Thailand for many years on a retirement visa. My GF and I are expecting our first child in a few months. In the past my GF has used her 10 year B1 (business) visa from the US for our visits to the USA, but each time we need to show some business need for her trip and we normally get permission to stay only 90 days. I am told that the B1 visa comes with a mandatory limit of 180 days/year at best. Normally we have no need for much longer than 90 days, but perhaps after the baby we might want to rent a place for longert so that I can help my 90 year old father.

We are already thinking of our visits for the future and are wondering if it would be better to have some other visa than a B1. For now a marriage must be postponed since I have been going thorugh a divorce for four years with the end still tantalizingly just out of reach (don't ask!). The baby will of course be eligible for his own US passport, but what should we do about his mother? Assuming that marriage is still not allowed at that time, what are our options and what should we be considering in making the choice? Will the application for another type of visa automatically cancel the existing B1 visa?

And finally, would anyone have a suggestion as to how we might bring my GF's mother along for a few months so that she can help with the child care? The mother is from Isaan and speaks no English but could make the difference between our US visit being enjoyable or exhausting.

Thanks for any input.

[DirectorIntegrityLegal]

Dear inquisitive,

As to your girlfriend's options in regard to US Immigration: I am assuming that you are interested in visas based upon her personal relationship to you and unfortunately until you are legally divorced there are really no better options for her than the Business Visa she currently holds.

The Fiancee Visa requires that the US Citizen petitioner be eligible to marry at the time of the filing of the I-129f petition.

The US Marriage Visas require that the couple be married at the time of filing the I-130 petition (and I-129f petition for the K3).

Once your divorce is finalized, should you decide to marry your girlfriend then she would be eligible for a permanent residence visa as your spouse. Also, if the two of you chose not to get married before entering the United States then you could petition for a K1 Fiancee Visa and she could enter the USA that way.

I hope this information was helpful and good luck with your immigration endeavors.

Ben Hart

US Immigration Attorney

Integrity Legal

1-877-231-7533

+66 (0) 2 266-3698

[inquisitive]

Dear inquisitive,

As to your girlfriend's options in regard to US Immigration: I am assuming that you are interested in visas based upon her personal relationship to you and unfortunately until you are legally divorced there are really no better options for her than the Business Visa she currently holds.

The Fiancee Visa requires that the US Citizen petitioner be eligible to marry at the time of the filing of the I-129f petition.

The US Marriage Visas require that the couple be married at the time of filing the I-130 petition (and I-129f petition for the K3).

Once your divorce is finalized, should you decide to marry your girlfriend then she would be eligible for a permanent residence visa as your spouse. Also, if the two of you chose not to get married before entering the United States then you could petition for a K1 Fiancee Visa and she could enter the USA that way.

I hope this information was helpful and good luck with your immigration endeavors.

Ben Hart

US Immigration Attorney

Integrity Legal

1-877-231-7533

+66 (0) 2 266-3698

Thanks, Ben, That information is very helpful. What do you think about the baby's mother? Do we have any chance that she could come along as a care-giver? Since I don't know when "The Divorce That Never Ends" will complete, I guess I need to think about what to do under both circumstances. Any thoughts?

[DirectorIntegrityLegal]

As to the mother, the child can unilaterally petition for a green card for her, but not until he or she reaches the age of 21. So in the short term this does not seem like a practical possibility in this situation.

Should you wife obtain a Green Card after marriage to you, then she could petition for a green card for the mother-in-law, but it could take some time before the petition is adjudicated at USCIS.

Good Luck,

Ben Hart

US Immigration Lawyer

Integrity Legal

1-877-231-7533

+66 (0) 2 266-3698

[Thanyaburi Mac]

I am a US citizen staying in Thailand for many years on a retirement visa. My GF and I are expecting our first child in a few months. In the past my GF has used her 10 year B1 (business) visa from the US for our visits to the USA, but each time we need to show some business need for her trip and we normally get permission to stay only 90 days. I am told that the B1 visa comes with a mandatory limit of 180 days/year at best. Normally we have no need for much longer than 90 days, but perhaps after the baby we might want to rent a place for longert so that I can help my 90 year old father.

We are already thinking of our visits for the future and are wondering if it would be better to have some other visa than a B1. For now a marriage must be postponed since I have been going thorugh a divorce for four years with the end still tantalizingly just out of reach (don't ask!). The baby will of course be eligible for his own US passport, but what should we do about his mother? Assuming that marriage is still not allowed at that time, what are our options and what should we be considering in making the choice? Will the application for another type of visa automatically cancel the existing B1 visa?

And finally, would anyone have a suggestion as to how we might bring my GF's mother along for a few months so that she can help with the child care? The mother is from Isaan and speaks no English but could make the difference between our US visit being enjoyable or exhausting.

Thanks for any input.

Is her U.S. visa ONLY a B1? My wife's is a B1/B2 and she's always chopped in for 6 months.

VISA TYPE/CLASS

R B1/B2

I have no idea what the "R" stands for. Anyone?

Also no real feeling for the G/F's mother, altho I'd expect "difficult."

Mac

[inquisitive]

Is her U.S. visa ONLY a B1? My wife's is a B1/B2 and she's always chopped in for 6 months.

VISA TYPE/CLASS

R B1/B2

Mac

Yes, it is only a B1. I understand that a B2 includes visiting for vacation, but for whatever reason it was not issued. Anyone know how to convert (and whether it would be worth the trouble if we can do it)?

Another thought: I assume the baby gets in on its own passport since I am a US citizen and will show on all the papers as its father. I wonder if the GF could be get a visa as a care-taker of the baby while we are waiting for the divorce to complete.Somewhere I had heard that it was possible to even bring a nanny for your kids over to the US from Thailand, but only if you could prove that they had been acting in that capacity for some period of time. (Three years, maybe?) If that info is correct and if the infant is younger than the number of years normally required, I wonder if there is an exception that we might use for the child's mother (my GF). Anyone have any thoughts on this?