Is This My Best Bet?

[Ricksomchai]

Ok guys Im abit lost about all this...

As Im told about The K-1 Form

Im 28 years old trying to get my Thai GF To the USA getting married at this point is way to much

her family wants 500,000 tb as a doury well all i can say is Im not going to be able to pay that

any time soon. that $15000 US cash

so we are going to have to talk about the price after i win on the next season of who wants to be a millionaire .....right?

ok so here we go she dont care about the money I dont care about it we just want to spend our days together people are telling me to use the K-1 form to get her over to the US

ok got it? with the K-1 approved can she get a work visa? how long can she stay?

how long does it take to get approved?

come on guys what should i do to get her here???? i mean i dont want to wait 20 years to be with the woman i love..... would you?

whats the best way to do this??????

[sbk]

moved to the Visas to other countries forum

[thaihome]

The K-1 is also known as the Fiancée visa. This allows the holder to enter the US. Within 90 days she must marry the sponsor or return. If she marries, she applies for a change of status that will give her a conditional permanent residence (green card). With the green card she can get a social security number (SSN) and work. After 2 years she applies for unconditional permanent residence.

A k1 visa will take 6-9 months from start to entry into US. Depends on how good you are at reading instructions and following them exactly.

Google Visa Journey for much better information then what is here.

TH

[torrenova]

Instead of thinking about getting her over to the USA, you should deal with her parents expectations / demands etc. It is relevant as you have no firm footing and not many will chuck their parents for the boyfriend. If the money is not coming direct and they don't give up on it, then you have to think about where the money might come from. Better to deal with all that well before marriage or taking her to the USA.

[Ricksomchai]

The K-1 is also known as the Fiancée visa. This allows the holder to enter the US. Within 90 days she must marry the sponsor or return. If she marries, she applies for a change of status that will give her a conditional permanent residence (green card). With the green card she can get a social security number (SSN) and work. After 2 years she applies for unconditional permanent residence.

A k1 visa will take 6-9 months from start to entry into US. Depends on how good you are at reading instructions and following them exactly.

Google Visa Journey for much better information then what is here.

TH

What about a duel citizenship is there even such a thing? some have said you can get this???? so she can go from one place to the next.. and i must marry with in the 90 days or she must go back? ok ok i see

whats the best way to bring here here for a trip how much will that be? i mean she has never been here so i cant expect her to move without see it first.

if you could hook me up with all the info you have that would be great!!!!!

[thaihome]

...

if you could hook me up with all the info you have that would be great!!!!!

I did. Read the post.

TH

[DirectorIntegrityLegal]

As far as dual nationality, neither the United States nor the Kingdom of Thailand explicitly preclude dual nationality. Therefore, it would be possible for a Thai fiancee/wife to naturalize to United States Citizenship without renouncing or losing her Thai nationality.

Generally, US naturalization takes 5 years, but where the lawful permanent resident gained their status through marriage to a United States Citizen; the law requires the applicant be in Lawful Permanent Resident status for 3 years with an aggregate presence in the United State of 18 months at the time of application.

Another thing to bear in mind regarding K-1 Visas: while the fiancee is in the US on a K-1 she cannot leave the United states and remain in status without first obtaining advance parole as doing so would void her status. She will need to adjust status to permanent residence should the two of you marry, but should she leave the USA without an advance parole travel document while the adjustment of status is pending, then the adjustment petition and her K-1 visa will be voided and you will need to start the process all over again by petitioning for a new visa.

I hope this was helpful.

Ben Hart

US Immigration Attorney

Integrity Legal

[crocodilexp]

To summarize:

* K1 is the fiancee visa. Paperwork takes a long time (6+ months). First your application needs approved by the USCIS (agency within the U.S.), and only then can the visa be issued by the embassy. This is still quicker than getting married in Thailand first (K4 visa), which can take 1+ year for approval.

* K1 visa allows your GF to stay in the U.S. legally for only 90 days. Within this time, you should get married and apply for adjustment-of-status to permanent residence (i.e. green card). The process can take a while, but as long as she applied on time, she can stay in the U.S. legally, but cannot travel outside of U.S. (for this she'd need the advance parole document. Once she gets the permanent resident card, she can travel and work.

* After having permanent residence (green card) for 3 years, she can apply for U.S. citizenship based on marriage. This should in theory be quick (3-6 months), but in some cases drags on for a year or more.

As for the sin sot, 500k is extremely large. This indicates that either you're being taken for a ride, or her family is rather wealthy and in high social standing. Basically, if the family is in a social class to demand a 500k sin sot, I'm certain their daughter can qualify for a U.S. tourist visa on her own, and save you the hassle. Tourist visas are issued very quickly -- the only substantial requirement is that she can present a convincing case that she's likely to come back.

Other alternatives you have are:

* F1 student visa (e.g. if she signs up for a 1 yr program to study English in the U.S.)

* J1 exchange visitor (work/study). I know quite a few young Thais who spent a few months in the U.S. through this kind of program, arranged through an agency.

Good luck, you'll need it.

Edited July 25, 2009 by crocodilexp

[ianh68]

As for the sin sot, 500k is extremely large. This indicates that either you're being taken for a ride, or her family is rather wealthy and in high social standing.

Which is it? I think we should be told.

[DirectorIntegrityLegal]

To summarize:

* K1 is the fiancee visa. Paperwork takes a long time (6+ months). First your application needs approved by the USCIS (agency within the U.S.), and only then can the visa be issued by the embassy. This is still quicker than getting married in Thailand first (K4 visa), which can take 1+ year for approval.

* K1 visa allows your GF to stay in the U.S. legally for only 90 days. Within this time, you should get married and apply for adjustment-of-status to permanent residence (i.e. green card). The process can take a while, but as long as she applied on time, she can stay in the U.S. legally, but cannot travel outside of U.S. (for this she'd need the advance parole document. Once she gets the permanent resident card, she can travel and work.

* After having permanent residence (green card) for 3 years, she can apply for U.S. citizenship based on marriage. This should in theory be quick (3-6 months), but in some cases drags on for a year or more.

As for the sin sot, 500k is extremely large. This indicates that either you're being taken for a ride, or her family is rather wealthy and in high social standing. Basically, if the family is in a social class to demand a 500k sin sot, I'm certain their daughter can qualify for a U.S. tourist visa on her own, and save you the hassle. Tourist visas are issued very quickly -- the only substantial requirement is that she can present a convincing case that she's likely to come back.

Other alternatives you have are:

* F1 student visa (e.g. if she signs up for a 1 yr program to study English in the U.S.)

* J1 exchange visitor (work/study). I know quite a few young Thais who spent a few months in the U.S. through this kind of program, arranged through an agency.

Good luck, you'll need it.

Although this time line is correct for the most part there are a couple of things that should be cleared up:

The US Marriage Visa that I think you meant is the K-3 (the K-4 is a derivative child visa). That being said, the K-3 usually takes 8 months to obtain, and it is a non-immigrant visa so adjustment of status is still necessary. Also, the clock for naturalization will not start ticking until Lawful Permanent Resident status is conferred. Therefore it is usually better to file an I-130 petition for an IR-1/CR-1 Visa because the foreign national enters with lawful permanent residence, no adjustment necessary. Also, the requirement for naturalization is three years plus an aggregate 18 month presence in the USA, this often trips people up as they have been outside of the USA on reentry permits for too long to apply for Naturalization at the 3 year mark.

Further, Tourist Visas (B-2), Student Visas (F-1), and an Exchange Visitor Visas (J-1) should NEVER be utilized if the Thai national has immigrant intent. These are non-immigrant visa categories that are not meant for those family members intending to adjust status (although the K-1 and K-3 are non-immigrant categories, the intent to adjust status is built into the visa). Making an application to adjust status shortly after entering the USA on one of these visas could lead to serious ramifications including criminal sanctions or a bar on reentering the USA. Also, entry on a J-1 visa might impose a foreign residence requirement on the entrant which means that after the visa expires the Thai national will be required to live outside of the USA for at least 2 years before she can be issued a resident visa to the USA (K-1, K-3 included). Therefore, using a J-1 or F-1 visa is inadvisable where the visa is being used simply to bypass the fiance or marriage visa process.

Hopefully this was helpful.

Good Luck,

Ben Hart

US Immigration Attorney

Integrity Legal

Edited July 26, 2009 by DirectorIntegrityLegal

[huskerpr]

Hit me at [email protected] so I can tell you about my horrible esperiences thus far in gaining a visa for my girlfriend, now my wife. there is a certain legal office in Bangkok (I will not name ,initials S.L.) that is a ripoff in there assisting you, they cost me about 3,000 dollars and 1.5 years and we still haven't got it and we had to start over. Next don't believe people that your girlfriend can easily get a tourist visa. The U.S. does not give single asian women tourist visa unless they can prove they have no intention of staying, by proving they own land, or a business and have money in a Thai Bank to return to. Anyway hit on my email so I can share some of the things we have experieinced along the way. Oh on the doury 500,000 sounds like alot and that is what I will be giving on AUgust 18th, but I will be getting most if not all of it back. The doury is more of a show off thing to the friends of the family, most families will return it after the party is over and they have looked good in front of their friends and family. I was asked for a million, but I listed everything I have already paid for the lst 3 years, such as land, and mommas house remodel, not to mention the monthly alotment of money I give my wife. I then told them my mother would like a million dollars for their daughter to marry me. lol. I think its all in how your accepted in the family, mine already considers me part of the family and trust that I will care for my wife, and they know I help them out when ever needed or possible, but 15,000G is about the norm. One other word of caution, don't be fooled by the notion you think your doing a big favor to your girl by taking her to the U.S. most girls do not want to leave Thailand or their families and once they get to the U.S. and have no frineds or family near they become home sick and want to return to Thailand. Are you willing and ready to be her everything 24 hours a day? I hope this helps, good luck hit me on my personal if you want some more. Late

[crocodilexp]

Further, Tourist Visas (B-2), Student Visas (F-1), and an Exchange Visitor Visas (J-1) should NEVER be utilized if the Thai national has immigrant intent. These are non-immigrant visa categories that are not meant for those family members intending to adjust status (although the K-1 and K-3 are non-immigrant categories, the intent to adjust status is built into the visa). Making an application to adjust status shortly after entering the USA on one of these visas could lead to serious ramifications including criminal sanctions or a bar on reentering the USA.

In theory this is correct and a warning is due, but I know several people who married and successfully adjusted status after entering on F-1 with no problems. Arguably, this happened 6+ months after entry.

The real-life advantages of B-2/F-1/J-1 over the proper K-1 are:

* Process to obtain them can take a week as opposed to 6-12 months.

* Visa validity and maximum stay in the U.S. can be much longer (as far as I recall, 6 mo. on B-2 and 1-4 years multiple entries on F-1).

With K1, there is significant pressure to get married almost immediately after arrival. Three months is not nearly enough to get adjusted to life in the U.S. and life together as a couple. Moving to U.S. is a big change in a relationship, and it puts significant strain on some. It is imprudent to marry quickly after arrival. If at all possible, it's better for both partners to get a feel of what life in the U.S. involves first. Then the girl can either go back and apply for K-1, or they can marry in the U.S. and adjust status (depends if they prefer the risk of immigration issues or a risk of long separation during the visa wait).

One other word of caution, don't be fooled by the notion you think your doing a big favor to your girl by taking her to the U.S. most girls do not want to leave Thailand or their families and once they get to the U.S. and have no frineds or family near they become home sick and want to return to Thailand. Are you willing and ready to be her everything 24 hours a day?

This is a great point worth emphasizing. My close friend got his Thai girlfriend to U.S. on an F-1 (to study English for a year). They lived together for a year, but then decided not to get married (9 months into it, the Bangkok girl figured she can't stand living in Middle of Nowhere, Iowa). Had they gone the K-1 route, he'd have a messy divorce on his hands (if she was patient enough to wait 9+ months for the visa).

Regarding dowry/sin sot again - to put it in perspective, 500.000 baht is 4 years of pre-tax salary for an average university graduate in Thailand. I don't know your GF's background, so hard to tell what is realistic. Also, since you will be living in the U.S. and not Thailand, why do you have to respect Thai customs (sin sot + Farang pays everything), rather than them respecting U.S. marriage customs (no sin sot + bride's family pays for the wedding)?

[Ricksomchai]

Further, Tourist Visas (B-2), Student Visas (F-1), and an Exchange Visitor Visas (J-1) should NEVER be utilized if the Thai national has immigrant intent. These are non-immigrant visa categories that are not meant for those family members intending to adjust status (although the K-1 and K-3 are non-immigrant categories, the intent to adjust status is built into the visa). Making an application to adjust status shortly after entering the USA on one of these visas could lead to serious ramifications including criminal sanctions or a bar on reentering the USA.

In theory this is correct and a warning is due, but I know several people who married and successfully adjusted status after entering on F-1 with no problems. Arguably, this happened 6+ months after entry.

The real-life advantages of B-2/F-1/J-1 over the proper K-1 are:

* Process to obtain them can take a week as opposed to 6-12 months.

* Visa validity and maximum stay in the U.S. can be much longer (as far as I recall, 6 mo. on B-2 and 1-4 years multiple entries on F-1).

With K1, there is significant pressure to get married almost immediately after arrival. Three months is not nearly enough to get adjusted to life in the U.S. and life together as a couple. Moving to U.S. is a big change in a relationship, and it puts significant strain on some. It is imprudent to marry quickly after arrival. If at all possible, it's better for both partners to get a feel of what life in the U.S. involves first. Then the girl can either go back and apply for K-1, or they can marry in the U.S. and adjust status (depends if they prefer the risk of immigration issues or a risk of long separation during the visa wait).

One other word of caution, don't be fooled by the notion you think your doing a big favor to your girl by taking her to the U.S. most girls do not want to leave Thailand or their families and once they get to the U.S. and have no frineds or family near they become home sick and want to return to Thailand. Are you willing and ready to be her everything 24 hours a day?

This is a great point worth emphasizing. My close friend got his Thai girlfriend to U.S. on an F-1 (to study English for a year). They lived together for a year, but then decided not to get married (9 months into it, the Bangkok girl figured she can't stand living in Middle of Nowhere, Iowa). Had they gone the K-1 route, he'd have a messy divorce on his hands (if she was patient enough to wait 9+ months for the visa).

Regarding dowry/sin sot again - to put it in perspective, 500.000 baht is 4 years of pre-tax salary for an average university graduate in Thailand. I don't know your GF's background, so hard to tell what is realistic. Also, since you will be living in the U.S. and not Thailand, why do you have to respect Thai customs (sin sot + Farang pays everything), rather than them respecting U.S. marriage customs (no sin sot + bride's family pays for the wedding)?

A good point it is alot of bull shit but we will see how this all plays out i can deal with 100,000 but 500,000 is crazy her brother in law had to pay this and he is thai what was he 5 when he started saving

[DirectorIntegrityLegal]

Further, Tourist Visas (B-2), Student Visas (F-1), and an Exchange Visitor Visas (J-1) should NEVER be utilized if the Thai national has immigrant intent. These are non-immigrant visa categories that are not meant for those family members intending to adjust status (although the K-1 and K-3 are non-immigrant categories, the intent to adjust status is built into the visa). Making an application to adjust status shortly after entering the USA on one of these visas could lead to serious ramifications including criminal sanctions or a bar on reentering the USA.

In theory this is correct and a warning is due, but I know several people who married and successfully adjusted status after entering on F-1 with no problems. Arguably, this happened 6+ months after entry.

The real-life advantages of B-2/F-1/J-1 over the proper K-1 are:

* Process to obtain them can take a week as opposed to 6-12 months.

* Visa validity and maximum stay in the U.S. can be much longer (as far as I recall, 6 mo. on B-2 and 1-4 years multiple entries on F-1).

With K1, there is significant pressure to get married almost immediately after arrival. Three months is not nearly enough to get adjusted to life in the U.S. and life together as a couple. Moving to U.S. is a big change in a relationship, and it puts significant strain on some. It is imprudent to marry quickly after arrival. If at all possible, it's better for both partners to get a feel of what life in the U.S. involves first. Then the girl can either go back and apply for K-1, or they can marry in the U.S. and adjust status (depends if they prefer the risk of immigration issues or a risk of long separation during the visa wait).

One other word of caution, don't be fooled by the notion you think your doing a big favor to your girl by taking her to the U.S. most girls do not want to leave Thailand or their families and once they get to the U.S. and have no frineds or family near they become home sick and want to return to Thailand. Are you willing and ready to be her everything 24 hours a day?

This is a great point worth emphasizing. My close friend got his Thai girlfriend to U.S. on an F-1 (to study English for a year). They lived together for a year, but then decided not to get married (9 months into it, the Bangkok girl figured she can't stand living in Middle of Nowhere, Iowa). Had they gone the K-1 route, he'd have a messy divorce on his hands (if she was patient enough to wait 9+ months for the visa).

Regarding dowry/sin sot again - to put it in perspective, 500.000 baht is 4 years of pre-tax salary for an average university graduate in Thailand. I don't know your GF's background, so hard to tell what is realistic. Also, since you will be living in the U.S. and not Thailand, why do you have to respect Thai customs (sin sot + Farang pays everything), rather than them respecting U.S. marriage customs (no sin sot + bride's family pays for the wedding)?

Other Non-Immigrant visa categories do have their benefits over the K-1, but the main point I want to drive home is the fact that applying for B-1, B-2, F-1, and J-1 visas with undisclosed immigrant intent amounts to immigration fraud and could have serious ramifications.