I Don't Want To F This Up

[Fred Sanford]

I want to bring her to USA. She's a college grad, no job now, no property ownership. I will marry her but not sure that K-1 is right. We want to settle in Thailand but also want to go to USA at anytime. What are the options? She is 25 if that is relevant.

[gotlost]

I want to bring her to USA. She's a college grad, no job now, no property ownership. I will marry her but not sure that K-1 is right. We want to settle in Thailand but also want to go to USA at anytime. What are the options? She is 25 if that is relevant.

Not looking good. She must show money in bank, no set amount, property ownership, car, house, land, job, parents alive, children. All reasons for her to return to Thailand. They well look at your financial means to support her while she is there. The US does not except or require letters of guarante. Use a visa serves they know where to cross the T's and dot the I's. Yea the price sucks in Bangkok. In Chiang Mai its only 6000bt and 4000bt of that goes to Uncle Sam.

[DirectorIntegrityLegal]

From what you have stated, it sounds like the K1 fiance visa may be the correct choice. The Consular officer would likely deny a tourist visa on 214b grounds as you are strong tie for her to stay in the USA. The K1 takes longer to process than a Tourist visa, but if it is likely that you will marry and apply for a Green Card, then a Tourist visa is not the proper travel document. If initially you will be residing in the USA, then she should get permanent residence there (via a K-1 as it is initially the fastest to process of all of the family visas). Once she has LPR status, you can apply for a reentry permit and she can come and go as she pleases over the course of 2 years.

I hope this was helpful.

All the Best!

Ben Hart

US Immigration Attorney

Integrity Legal

[Fred Sanford]

Thank you Ben, that is helpful indeed. I just didn't want to go for the K-1 if it meant we would be pressured to settle in the USA. this we dont want to do. Now if we want a long term come and go as we please situation to US, do we go for the unconditional residence status after the 2 years is up?

[RPETER65]

Thank you Ben, that is helpful indeed. I just didn't want to go for the K-1 if it meant we would be pressured to settle in the USA. this we dont want to do. Now if we want a long term come and go as we please situation to US, do we go for the unconditional residence status after the 2 years is up?

You will not be pressured to stay in the U.S. except for the period it takes to get her green card, maybe up to nine months. You can then get a rentry permit, good for two years, but you will need to be back at the end of the first year to apply for the removal of conditions from her one year green card, this could also take up to nine months. The only way you can get around the re-entry permit is for your gf to get U.S. citizenship, and can only be applied for after three years consecutive residence, if you get married ,and five years and very hard to get if you don't.I have been through this myself, and even got my U.S. senator involved, seems no way aroun it.

[Fred Sanford]

Thank you for your input Peter. These wait times are something we expect for sure. I don't think we will go for citizenship but certainly we will consider everything.

[shawndoc]

Hey Ben, I was under the impression that with the conditional 2-year green card, if she leaves the country for more than 6 months, they will revoke the green card as they will consider it abandoned?

[DirectorIntegrityLegal]

Shawndoc,

It is at the discretion of the Customs and Border Protection (CBP) officer and recently they seem to be getting more and more stringent in applying the rules. It is best to think about it on a spectrum:

Outside of the USA for 6 months or less: Highly unlikely that they will find residential abandonment

Outside of the USA for 6-12 months: Possible, but might be able to get back into the USA, greatly depends upon the officer at Port of Entry

Outside of the USA for 1 year or more: Again the officer's discretion is crucial to any decision, but past a year, there is a presumption of abandonment

If one obtains a reentry permit, then they can be outside of the USA for up to 2 years without raising the presumption of residential abandonment. If this may be an issue (ie. a green card holder has be abroad for more than 6 months), then it may be wise to look into the SB-1 Returning Resident Visa.

FYI, this applies regardless of the conditionality of her residence. Therefore, even past the lift of conditions, these rules apply regarding US permanent residents.

I hope this was helpful.

All the Best,

Ben Hart

US Immigration Attorney

Integrity Legal

Edited November 11, 2009 by DirectorIntegrityLegal