Immigration Petition To Us For Wife, Stepchild

[Dustoff]

~

Sorry, I used the search function but only got adverts..

We live in Chiang Mai, have been to the US together many times, married five years, now wish to move there for an extended period

and the USCIS website information is a bit hard to read for a dummy like me.

I am a US citizen, we married in the US over five years ago, should have no problems but I want to get the paperwork right the first time since I have to hand-deliver it from Chiang Mai.

I know about the I-130 petition, I-864 Income form, G-325a Biographic form.. What else? Do I fill out an I-130 for myself as well as my wife and child? What am I likely to forget??

Income is not a prob, my wife has a DOD ID card, CHAMPVA insurance and her own Visa/debit card on our joint account in Hawaii.

Please, I only want comments if your's is a success story, not tales of woe or questions about why I would want to do such a silly thing...

Thanks, Dustoff

Edited December 21, 2009 by Dustoff

[drtreelove]

Hi Dustoff, Do the I-130 first, the other forms follow on their request.

I tried a few years ago and had problems with my I-130 and had it denied by Homeboy Security. I'm about to start over again for my wife and 18 yo stepdaughter so I'd like to compare notes with you as you progress.

Please allow me to use your topic to air my own case and questions.

I don’t know how they work now, but under the previous administration, they seemed to be looking for reasons to deny as there are so many applications pending.

I did it myself as I'm usually no slouch at reading instructions, following the rules and filling out forms. But I had lost my previous divorce decree, (it’s not exactly something that I wanted to hang on my refrigerator, or keep in event of a new marriage; at that point I was saying never again). My ex-wife had lost her copy too, and believe it or not (USCIS did not believe it) Riverside County, CA had lost their records through a computer system replacement. I read the USCIS instructions that indicated if a document was not available you could supplement with sworn statements from witnesses. I did that but it was not acceptable for this particular document. I eventually recovered the divorce decree, but by that time they had made up their mind that I was not worthy.

I contacted an immigration attorney in California who said he could start over and process a new application, for $3500 plus fees. In the meantime our circumstances changed and we returned to Thailand where we are living now.

My wife has a 10yr multiple entry tourist visa and has used it three times for max 6 months. What I didn’t know, but the attorney explained, that once you change your intention, from visitor to permanent residence application, it nullifies the visitor visa. She was almost denied entry at SFO once because of our pending I-130. So be careful.

Right now I’m scared to do it myself again; there are some things that I just did not anticipate in how they look at things. So I’m looking for an attorney or visa service to process a new application here. Anyone have a recommendation? Thanks, don

[ericthai]

Hey Guys well, I did the K-1 so it's not the same, but close. I did hire a lawyer in the US (the cost was not too bad $600 + the homeland fee another $455) I hired them the end of August got everything to them in 2 weeks and they got the application sent out mid Sept. Everything in the US was approved by October 16th.

We have now been contacted by the US embassy in BKK and getting the things they requested (financial, police report etc)

One of my friends did the K1 for his GF from Russia, he did it himself and was successful. However I would suggest to hire a lawyer.

Not sure if you can put any names here or not, so if you want you can PM me and I can give you the lawyer I used. So far everything is good.

[Thanyaburi Mac]

Hi Dustoff, Do the I-130 first, the other forms follow on their request.

I tried a few years ago and had problems with my I-130 and had it denied by Homeboy Security. I'm about to start over again for my wife and 18 yo stepdaughter so I'd like to compare notes with you as you progress.

Please allow me to use your topic to air my own case and questions.

I don’t know how they work now, but under the previous administration, they seemed to be looking for reasons to deny as there are so many applications pending.

Guys

Remember, as longterm residents in Thailand you can file the IV petition with the USCIS (former INS) office in Bangkok, don't have to send to the U.S. That cuts down a whole lot of processing time.

Mac

http://bangkok.usembassy.gov/embassy/usgmain/uscis.html

U.S. CITIZENSHIP AND IMMIGRATION SERVICES

On March 1, 2003, service and benefit functions of the U.S. Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) as the U.S. Citizenship and Immigration Services (USCIS). USCIS is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities.

Key Activities:

Abandonment of alien status as a lawful permanent resident

Adoptions

Immediate relative immigrant petitions

Naturalization (Military)

Parole

Refugee processing

Transportation boarding letters (Refugee)

Immigrant Waivers (Application for Waiver of Grounds of Excludability)

USCIS Bangkok District Office Geographical Area of Jurisdiction:

The District Director and Deputy District Director of USCIS Bangkok District Office oversee the Bangkok District office as well as USCIS sub-offices in Beijing, Guangzhou, Ho Chi Minh City, Hong Kong, Manila, New Delhi, and Seoul. The USCIS Bangkok District has jurisdiction over Hong Kong, B.C.C., and the adjacent islands, Taiwan, the Philippines, Australia, New Zealand; all of continental Asia lying to the east of the western border of Afghanistan and eastern borders of Pakistan and India; Japan, Korea, Okinawa, and all other countries in the Pacific area.

[Dustoff]

~

Gee, just what I wanted, a tale of woe/thread hijack and comments about a different kind of visa.

I do know that I can submit the petition to the Bangkok Embassy but they simply send it to the States for investigation and approval. Knowing how slowly the wheels of governmnet grind, I am not sure that is any faster than just going straight to USCIS in America.

Please, no more off-topic posts? (not you Mac) Can you folks perhaps start your own thread? Yeah, right...

Has anyone on here done the 'green card' visa for wife and family and found the successful path thru the maze of forms?

Thank you...

Edited December 22, 2009 by Dustoff

[ericthai]

~

Gee, just what I wanted, a tale of woe/thread hijack and comments about a different kind of visa.

I do know that I can submit the petition to the Bangkok Embassy but they simply send it to the States for investigation and approval. Knowing how slowly the wheels of governmnet grind, I am not sure that is any faster than just going straight to USCIS in America.

Please, no more off-topic posts? (not you Mac) Can you folks perhaps start your own thread? Yeah, right...

Has anyone on here done the 'green card' visa for wife and family and found the successful path thru the maze of forms?

Thank you...

Dont see where I was off Topic, I did the K1 not the K3, but the K1 you file from I-129, K3 you file I-130 everything else is the same, and actually with the K3 you still need to file the I-129 too.

Also you are not applying for a green card, you are applying for a K3 visa which and you will need to apply for a K4 for your child, once in the US then you change status, as stated you still need to file a I-129F (which is the documents for a Fiancé visa, but this is also done for K3 process, so going the K1 route you drop one step).

I was already married in Thailand, but was advise by lawyers in Thailand to do the Fiancé route as it was faster, the law firms in Thailand wanted too much money so I went with one in the USA.

Instead of complaining about people that are trying to help you, try and do some work and spend some time looking in the forum. There are several posts about the process and plenty of information on the net the will give you step by step.

Also, told you if you PM me i can give you information on the lawyer that I used and everything went smooth. Less than $1,000 USD.

Was just trying to help you

[7by7]

Gee, just what I wanted, a tale of woe/thread hijack and comments about a different kind of visa.

Topics in this forum are for people to offer advice and compare notes. Immigration to any country can be a complex business, and, from what I have read, the US seems more complex than most. Members are offering their advice and experience in an effort to help. If you feel that a particular post does not help you, then ignore it.

It is not unusual, and perfectly acceptable, for members to 'piggyback' a thread when they are in a similar position to the OP.

Finally, drtreelove did ask "Please allow me to use your topic to air my own case and questions."

I think your reaction to be a bit harsh and uncalled for. You are seeking help and advice, throwing a hissy fit because you get replies that are not to your liking is only going to discourage others from offering theirs.

[Dustoff]

Gee, just what I wanted, a tale of woe/thread hijack and comments about a different kind of visa.

Topics in this forum are for people to offer advice and compare notes. Immigration to any country can be a complex business, and, from what I have read, the US seems more complex than most. Members are offering their advice and experience in an effort to help. If you feel that a particular post does not help you, then ignore it.

It is not unusual, and perfectly acceptable, for members to 'piggyback' a thread when they are in a similar position to the OP.

Finally, drtreelove did ask "Please allow me to use your topic to air my own case and questions."

I think your reaction to be a bit harsh and uncalled for. You are seeking help and advice, throwing a hissy fit because you get replies that are not to your liking is only going to discourage others from offering theirs.

Well, hardly a 'hissy fit' but you are right and I realized that not long after I posted. I had been getting a bit overwhelmed in another venue with useless info from people who had no clue so was getting a bit cranky. Shouldn't have quit drinking, I guess..

The BKK and USCIS sites leave a lot of questions unanswered but I have a few good contacts now but will still likely just show up with a huge bag of papers and let them sort out what they don't need initially. I am going for the IR-1&2 it would seem and hoping for a quick response as we have a kid who will start school there in August. Some lead time would be nice.

Sorry Eric and Dr Treelove - no offense intended.

[jjspitz]

Dustoff,

I'm currently waiting to hear yeah or nay on my wife's IR-1 visa. If you've lived in Thailand over a year, then that's the best and quickest route. When you receive the IR-1 the green card is included and there is no need for a change of status. It's all done here in Bangkok which significantly reduces the processing time. Can be done in about six months, maybe even five if you're really on the ball with your paperwork. I didn't bother with a lawyer, but mine was a fairly straightforward case ( no kids, no divorces...). Just begin with the I-130 for your wife and the 325a for the both of you. The checklists which come with the forms are thorough and easy to understand. If you have kids that are going with you, then there are some additional forms. File those with Homeland Security and when they're cleared, they'll send them across the street to the consulate and you begin the visa process. Lawyers seem to push the older K-3 visa, but going for the IR-1 right away is faster and cheaper.

[gorshar]

We completed the IR-1 process less than a month ago. It was for the most part, a slam dunk.

I posted about it here:

http://www.thaivisa.com/forum/Immigrant-Vi...ed-t320780.html

If you have any specific questions, I'm happy to help.

But as another poster said, do the I-130 first. They are really picky about crossing all your t's and dotting all your i's so don't be surprised or let it frustrate you too much if the application gets kicked back. Just do what they ask and be calm about it. Once they accept it you may get approval in as little as four days even if they tell you four weeks. You will then be mailed an envelope with a pile of forms and instructions that may seem daunting at first but if you sit down and look it over carefully, it's not that complicated. You definitely do NOT need an attorney to do this. Follow the instructions exactly as they are presented and you can get through this in as little as two to three months.

[andyc2006]

Guys

Remember, as longterm residents in Thailand you can file the IV petition with the USCIS (former INS) office in Bangkok, don't have to send to the U.S. That cuts down a whole lot of processing time.

Mac

http://bangkok.usembassy.gov/embassy/usgmain/uscis.html

U.S. CITIZENSHIP AND IMMIGRATION SERVICES

On March 1, 2003, service and benefit functions of the U.S. Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) as the U.S. Citizenship and Immigration Services (USCIS). USCIS is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities.

Key Activities:

Abandonment of alien status as a lawful permanent resident

Adoptions

Immediate relative immigrant petitions

Naturalization (Military)

Parole

Refugee processing

Transportation boarding letters (Refugee)

Immigrant Waivers (Application for Waiver of Grounds of Excludability)

USCIS Bangkok District Office Geographical Area of Jurisdiction:

The District Director and Deputy District Director of USCIS Bangkok District Office oversee the Bangkok District office as well as USCIS sub-offices in Beijing, Guangzhou, Ho Chi Minh City, Hong Kong, Manila, New Delhi, and Seoul. The USCIS Bangkok District has jurisdiction over Hong Kong, B.C.C., and the adjacent islands, Taiwan, the Philippines, Australia, New Zealand; all of continental Asia lying to the east of the western border of Afghanistan and eastern borders of Pakistan and India; Japan, Korea, Okinawa, and all other countries in the Pacific area.

I'd absolutely suggest this route, and yes, I just went down that path. The following is the timeline for us and some misc info, based on my memory, which is admittedly shaky. Right now we're unpacking our possession here in the States... somewhere amongst all of it is all the documentation, including the paper USCIS gave me listing the filing requirements. Once I find them, I'll scan some of the more important ones and post them here, and in this topic: http://www.thaivisa.com/forum/American-3-V...se-t242935.html

I started the process for my wife in late August or early September 2009.

In early October we received notice that USCIS had approved their piece of it and passed it to the US Embassy in Bangkok.

In early November, the US Embassy sent her a packet that said "complete these things, then mail us an interview request." Amongst those things to complete (the most time-consuming) was the police check. We started everything that day and as soon as the police check was complete, we mailed back the interview request.

Her embassy interview was scheduled for Nov 19.

They issued her CR1 visa Nov 20 (CR1 is the conditional equivalent of the IR1, since we haven't been married 2 years yet).

At that point, she could've immigrated to the US. We chose Dec 25, 2009 to immigrate (I was actually traveling back and forth between the US and Thailand for work during November and December, so this fit into when I could come back and get her, and when tickets were available around the holidays).

She arrived in the US at SFO on December 25, 2009. It took an extra 30 minutes to clear immigration. If you arrive @SFO, use the line for "New Immigrants" at the far left of immigration -- I didn't spot it, but if I had, it would've probably saved us 10 minutes. Not sure about other ports.

On entering the US, she immediately became a permanent resident (aka, "green card" holder). The CR1 visa in her passport serves as her temporary green card. The immigration officer said they'd mail her the real one within 4-6 months. Next week we're heading to the Social Security office to get her So Sec number.

She's already achieved in the US what I can (practically) never achieve in Thailand (permanent residence)! Yes, I'm envious.

You should absolutely file in Bangkok, assuming you're eligible!

I do know that I can submit the petition to the Bangkok Embassy but they simply send it to the States for investigation and approval. Knowing how slowly the wheels of governmnet grind, I am not sure that is any faster than just going straight to USCIS in America.

You submit it to the DHS/USCIS office in the Sindhorn building, across the street from the Embassy, actually. I'm not sure where they send it, if anywhere, but I can assure you that it's faster than filing back in the States, where you'll need to wait 5-12 months before they forward it to the Embassy in BKK.

You should check out the following topics:

http://www.thaivisa.com/forum/American-3-V...se-t242935.html

http://www.thaivisa.com/forum/Usa-Cr-1-Visa-t322988.html

http://www.thaivisa.com/forum/Petitioning-...ca-t243709.html

And I have to say I followed Ben's (from "Legal Integrity") advice from that first topic -- doing the CR1 visa instead of a K visa -- and now completely agree with his advice!