Green Card - Experience With Legal Assistance?

[onlycw]

We live in Thailand, but I never had a Thai VISA. Instead, I have been flying home most months or made the odd VISA run like a flight to KUL with LH.

Today, I chatted with a lawyer who says I have to apply in my home country for any U.S. VISA.

Q: is this true? Surely, the same database is available to the state Department.

Have you used a legal service for a spousal VISA (K3)? Or to apply for a Green Card?

What was your experience? Was it worth the money? How much you paid? Care to recommend a service?

Today, I bought that PIN to schedule an interview at the embassy. But then this attorney said it would have to be done at the home country. But I ended the residence in the home country and am living with my spouse in LOS. she has a full time job... Does it mean I need to fly back just to apply for a VISA?

[ubonjoe]

Unless you are on an extension of stay from immigration for at least 6 months you will have to apply in the States. Just having visas are not enough to submit the I-130 petition here.

I think when you bought the pin number that was for a visitor visa not a immigrant visa application. The process starts at a Department of Homeland Security office here or in the states not the embassy.

Have a look at this webpage for more info. http://bangkok.usembassy.gov/immigrant_visas.html

Edited September 4, 2009 by ubonjoe

[mmcsusnret]

I believe that most people can do the paperwork themselves without a visa service or lawyer. Since you don't qualify to file at BKK USCIS. as mentioned youll have to file with the USCIS that has jurisdiction over the area where ever you call home in the US. I think that it can be done by mail. Gather what you need, fill out the forms with a US mailing return address. If it is with parents, brothers, sisters they can post and receive information for you. I don't think that you have to physically be in the US when filing there. When it goes through the process, eventually your spouse will be notified that she needs to make an appointment at the BKK embassy. She needs to file additional forms and paperwork for submission. At some point in time, you will have to establish a "domicile"(a place to live), provide proof of support and the like. On the domicile issue, since you are not fully residing in Thailand (long term visa wise) I think that you probably still have a legal "tax home" or "home of record, since it seems "flying home most months" it is like a lot of long holidays. This process is slow and can take more than a year (especially if information has to be forwarded to Thialand and back).

Or, get a long term Thai visa, a multi-entry 12 month O based on marriage to a Thai, the next time that you are in the US. Use it for 6 months or so (border runs every 90 days) and establish a "legal" home here. Then file here at the end of 6 months (have everything ready ahead of time) and in a few months you can have the visa, if all is in order. A few months ago, my wife got her visa in about 10 weeks, from filing with the USCIS to visa issue. We are leaving in November. Did all of the paperwork myself except the translations.

If your goal is permanent residence for you and your spouse in the US, You may want to consider the CR-1 or IR-1 visa instead of the K3. In the long term it is less paperwork and money as these set you up for the green card as part of the process. A K3 would be more suited for a long stay, but not permanent and would require a change of status + paperwork+ fees. As you will see the difference between the CR-1 or IR-1 visa is the length of marriage being more than 2 years for the IR-1.

Good luck whichever way you go.

[onlycw]

Thanks a lot! I would hate to waste $ 131 only to be told to repeat the process overseas.

[LiveSteam]

I have been married with my Thai wife for 8 years and we have a 6 year old daughter. My daughter is registered at the US consulate and has a US passport. Because I was living in SE Asia for the last 25 years my wife was just denied a green card entry to the US. What is important to them seems to be a domicile; they need to know that you have a place to live in the USA. I also employed a company Siam Legal which cost big bucks and was of no help at all. Hindsight I think I would have been much better doing it all myself. You don’t need these so called lawyers, just plug along yourself until you get what you want. Because of so much time wasting with Siam Legal I now must start from the beginning because I have gone over the one year dead line.

Good luck

LiveSteam

[LiveSteam]

I have been married with my Thai wife for 8 years and we have a 6 year old daughter. My daughter is registered at the US consulate and has a US passport. Because I was living in SE Asia for the last 25 years my wife was just denied a green card entry to the US. What is important to them seems to be a domicile; they need to know that you have a place to live in the USA. I also employed a company Siam Legal which cost big bucks and was of no help at all. Hindsight I think I would have been much better doing it all myself. You don’t need these so called lawyers, just plug along yourself until you get what you want. Because of so much time wasting with Siam Legal I now must start from the beginning because I have gone over the one year dead line.

Good luck

LiveSteam

[Kf6vci]

I have been married with my Thai wife for 8 years and we have a 6 year old daughter. My daughter is registered at the US consulate and has a US passport. Because I was living in SE Asia for the last 25 years my wife was just denied a green card entry to the US. What is important to them seems to be a domicile; they need to know that you have a place to live in the USA. I also employed a company Siam Legal which cost big bucks and was of no help at all. Hindsight I think I would have been much better doing it all myself. You don’t need these so called lawyers, just plug along yourself until you get what you want. Because of so much time wasting with Siam Legal I now must start from the beginning because I have gone over the one year dead line.

Good luck

LiveSteam

Thanks a lot - I really appreciate you taking the time to help a stranger! Most valuable info, mmcsusnret.

LiveStream, my wife is the daughter of an American and she only once visited California. So the same restrictions apply?

Thank you, too and best of lick to your endeavors, too!

Chris

[ubonjoe]

If you are asking about her sponsoring you for a visa the answer is yes it would apply.

For you to sponsor her would not be required because she should be a US citizen.