When Can We Return To Thailand After Us Marriage

[bdmike]

A quick question; How long will it be until we can return to Thailand after my gf and I get married in the USA? Plan to spend 5 months each year in Thailand and 7 months working in the States. Will there be any problems (visa etc..) with my wife returning to the USA after returning to Thailand to visit family? Thanks in advance for your replies.

[Trublue]

I assume you are talking about a Fiance Visa. Make sure you read all the info on the US State Department web site regarding the Fiance Visa requirements. As I understand it after getting married (within the 3 month period) she is not able to apply for a change of status (from temporary resident alien to permenant resident alien) for at least of two years from the date of marriage. If she needs to leave the US for any reason within her tempoary status peiod she is required to apply to the INS for a "parole" (yes, they actually call it parole) before she leaves. I understand that the "parole" is not easy to get. If she leaves the US without the INS approval she can't return on the sasme visa. The standard Fiance Visa is a one time entry/exit visa unless you get the INS approval.

I researched this issue because I am presently working overseas and had applied for a Fiance Visa for my Thai GF. After realizing the entry/exit restrictions would require me to find a new job back in the US I decided to proceed with marriage and get a spouse visa for the country where I am now working (Germany).

I would think your present plans of living partime outside the US every year will mpromised until your wife gets her permenat status.

Good luck, hope this was helpful.

[daveh]

I assume you are talking about a Fiance Visa.  Make sure you read all the info on the US State Department web site regarding the Fiance Visa requirements.  As I understand it after getting married (within the 3 month period) she is not able to apply for a change of status (from temporary resident alien to permenant resident alien) for at least of two years from the date of marriage.  If she needs to leave the US for any reason within her tempoary status peiod she is required to apply to the INS for a "parole" (yes, they actually call it parole) before she leaves. I understand that the "parole" is not easy to get.  If she leaves the US without the INS approval she can't return on the sasme visa.  The standard Fiance Visa is a one time entry/exit visa unless you get the INS approval. 

<{POST_SNAPBACK}>

Actually, she is required to apply for a change of status within a reasonable amount of time after marrying. I just called the USCIS about this last week. I was under the impression that you have to apply for the change of status within the 90 time period of the Fiancée Visa. But the USCIS officer said, you only have to marry within those 90 days. Some places take 4 weeks to return a certified marriage certificate, so if you married on the last day of the visa, and it took 4 weeks to get the certified marriage certificate for the change of status application, you will be applying for change of status a month after the visa has expired. The USCIS officer noted that as long as it is within a "reasonable amount of time", there is no issue. I would guess 2 years is not a reasonable amount of time.

After they accept the change of status application, then it will take more than 9 months before she can leave the country.

I've heard of someone getting the advance parole in order to go back to her home country, China, to sell her house and belongings.

[chivasgeo]

A quick question;  How long will it be until we can return to Thailand after my gf and I get married in the USA?  Plan to spend 5 months each year in Thailand and 7 months working in the States.  Will there be any problems (visa etc..) with my wife returning to the USA after returning to Thailand to visit family?  Thanks in advance for your replies.

<{POST_SNAPBACK}>

bdmike,

A bit late in replying....it's best to apply for Adjustment of Status soon after marriage & within the 90 days after arriving into the USA because technically, after 90 days she is "illegal" (no immigration status). When you do apply for the AOS I-485 form and get a receipt notice, she can be in Pending status for conditional residency, hence be "legal" in the USA while waiting for her temp conditional green card.

At the same time of filing for AOS, you can also apply for the I-131 (advanced parole) that will enable her to return to the USA . I have been reading that it takes (on average) about 30 days to get the AP I-131 papers. Remember, there is no forms needed for your wife to leave the USA but in coming back (if your wife does not have her US green card) the I-131 Advanced Parole is needed.

regards,

George

Edited May 16, 2005 by chivasgeo

[bdmike]

Trueblue, daveh, and George,.... Thanks a lot for your replies. I am a bit confused still on how long it will take.. 2 years or 9 months after the paperwork is in. Anyone have any insights? Anyone sure about the time frame? I am still not sure if the "parole" visa is easy or hard to get.. anyone out there know....Easy or not?

How about if we get married in Thailand and I apply for a marriage visa while my wife remains in Thailand...How long until the visa comes through? I can't bear to spend another winter in cold, wet New York so whatever I have to do to avoid this situation is what I am looking for. If a marriage visa is granted, does this give my wife the ability to return to Thailand as soon as she wants? And as often as she wants?

Thanks again for the information, Mike

[chivasgeo]

Trueblue, daveh, and George,....  Thanks a lot for your replies.  I am a bit confused still on how long it will take.. 2 years or 9 months after the paperwork is in. Anyone have any insights?  Anyone sure about the time frame? I am still not sure if the "parole" visa is easy or hard to get.. anyone out there know....Easy or not?

  How about if we get married in Thailand and I apply for a marriage visa while my wife remains in Thailand...How long until the visa comes through?  I can't bear to spend another winter in cold, wet New York so whatever I have to do to avoid this situation is what I am looking for.  If a marriage visa is granted, does this give my wife the ability to return to Thailand as soon as she wants? And as often as she wants?

  Thanks again for the information,  Mike

<{POST_SNAPBACK}>

A "guaranteed" timeframe is never guaranteed! As with all immigration cases, each case's timeframe will vary from one applicant to another. For my wife's case, we did a K-1 Fiancee Visa (I live in California) and it took about 6 months from sending in paperwork to the USCIS and getting the Interview at the US Embassy in BKK. I think our case was simple in that we both were never married and we do not have any children from past relationships.

As for you deciding on which route to take, I really do not know what to say. If you have the time, perhaps you can research these other websites that I THINK can help you...

http://www.visajourney.com/forums/index.php?pg=guides

and also for Thailand specific topics, there are many folks in this following website that can answer your question as many did K-1 & K-3 processes (including me ;-))

http://forums.delphiforums.com/ThaiFalang/start

Are you currently in Thailand? Try and call this lawyer in Bangkok

http://www.usvisalaw.info/

Asia Office

Bangkok, Thailand

White & White Ltd.

U.S. Immigration Consultancy

New ITF Tower, 17th Floor, #3

140/36 Silom Road, Bangrak

Bangkok 10500, Thailand

Telephone 66 (0) 2231-6466

I hear that he can discuss your situation over the phone and advise you of a possible route you can take, just a thought....

Hey good luck and if you need any help with the K-1 route, email me if you like and I will try do help you as much as I can.

regards,

chivasgeo

[Sojourner]

  How about if we get married in Thailand and I apply for a marriage visa while my wife remains in Thailand...How long until the visa comes through?  I can't bear to spend another winter in cold, wet New York so whatever I have to do to avoid this situation is what I am looking for.  If a marriage visa is granted, does this give my wife the ability to return to Thailand as soon as she wants? And as often as she wants? 

<{POST_SNAPBACK}>

You may want to get married here instead of the States and then apply for a tourist visa for your wife. My wife's first US visa was a one year, multi entry, and they limited her time there to the month we were planning to stay. But her second visa was for ten years, multi entry, and when we arrived in the States they gave her six months even though we were only going to be there two weeks. We are now thinking of spliting our time each year between Chiang Mai and Florida. I would think your only hurdle will be that the US embassy will look long and hard at you wife having compelling reasons to return to Thailand since you must work in the States and only come back to Thailand to relax.

[magnusvv]

I am wondering about the previous question regarding the difficulty of obtaining the I-131 "advanced parole"? My lawyer had made it sound as if it was no big deal, and she could get it easily once we file the AOS, it was just a matter of filing the paperwork for the I-131 for her to make a visit to Thailand. Is this assumption correct?

It would be a big problem if this was not granted, and would make the whole K-1 process here a real waste of time if she ended up being stuck in Thailand when she went home to visit her family.

Does anybody have more advice to give on this?

Thanks

[daveh]

I am wondering about the previous question regarding the difficulty of obtaining the I-131 "advanced parole"?  My lawyer had made it sound as if it was no big deal, and she could get it easily once we file the AOS, it was just a matter of filing the paperwork for the I-131 for her to make a visit to Thailand.  Is this assumption correct?

It would be a big problem if this was not granted, and would make the whole K-1 process here a real waste of time if she ended up being stuck in Thailand when she went home to visit her family. 

Does anybody have more advice to give on this?

Thanks

<{POST_SNAPBACK}>

My wife recently met a Thai woman that married two years ago in the States. While waiting for her adjustment of status interview, she was granted advanced parole twice. Her husband said it was pretty easily done too.

My wife's AOJ was granted about 7 months after she got here (5 months of processing time). If her solution to loneliness in America is to visit Thailand, I have to say it will be a very difficult transition for her. I highly recommend coming up with a different strategy for her to adjust to living in the States. If you plan to work during the day while she stays at home, the biggest problem is boredom. Her boredom will lead to greater loneliness and perhaps depression.

Before my wife arrived, I scoped out the nearest Thai temples, asian grocery stores, and Thai restaurants. I also found a place that rents Thai videos and got a pretty good international calling plan. Oddly enough, my wife wasn't too keen on meeting friends at the temple or restaurants. I still don't know why that is.

It took a while, but now she has a job where she is meeting people and making friends. Just getting out of the house is a huge plus. Before, she was really anxious to go to Thailand for a visit, but now she wants to put it off until the time is right.

[chivasgeo]

I am wondering about the previous question regarding the difficulty of obtaining the I-131 "advanced parole"?  My lawyer had made it sound as if it was no big deal, and she could get it easily once we file the AOS, it was just a matter of filing the paperwork for the I-131 for her to make a visit to Thailand.  Is this assumption correct?

It would be a big problem if this was not granted, and would make the whole K-1 process here a real waste of time if she ended up being stuck in Thailand when she went home to visit her family. 

Does anybody have more advice to give on this?

Thanks

<{POST_SNAPBACK}>

magnusvv,

We live here in Northern CA, Bay Area...My wife applied for AOS 04-06-2005 and got the I-131 documents 06-04-2005 in the mail.....its about average that a couple of months is the wait...but its the USCIS and dealing with them its ALWAYS a crapshoot. Good Luck....Like what Daveh said of his wife's friend....Your wife should not have a problem getting the AP I-131 documents.

-George

[magnusvv]

Thanks to both of you for answering my question so quickly.

Thanks for the advice daveh, We have already considered that if lonliness/boredom is going to be an issue then she can do some part time temp work while she is here if she wants.

[kenk3z]

There is significantly more information for US citizens on VisaJourney.Com. Here its a mishmash of rules from multiple countries and that adds to the confusion.

The understanding I have is the "advanced parole" is just about automatically granted for a K1 case. There's an application form, a fee, and you have to show up at a USCIS center for photographs and fingerprints (biometrics). More reading about this is available at the above mentioned web site.

As a Thai citizen traveling on Thai passport, your wife would have no problems entering Thailand and staying as long as she wishes. However, this gets a bit touchy in the eyes of the USCIS when the time spent outside of the US gets "excessive". I think "excessive" starts to run around six months. So, be aware of this and read more about it - I haven't fully studied it because my wife intends to reside with me full time and we only want to visit Thailand for short periods of time.

Best wishes and good luck,

kenk3z

[chivasgeo]

kenk3z,

The understanding I have is the "advanced parole" is just about automatically granted for a K1 case. There's an application form, a fee, and you have to show up at a USCIS center for photographs and fingerprints (biometrics). More reading about this is available at the above mentioned web site.

The AP I-131 NOT automatically granted ....as you stated...the person needs to apply for it . I don't recall ever reading an applicant getting denied an AP but I am sure there has been some that did get denied for one reason or another. Most cases, after applying for an AP, the applicants do receive the AP papers.

The process for biometrics and fingerprinting is only if you apply for the I-485 (AOS-Adjustment of Status) and the I-765 (EAD-Employment Authorization Document) . But if one just wants to apply for the I-131 AP, just mailing in the application along with the passport type photos and supporting documents would be sufficient.

regards,

George