Which K3 Visa Scenario Is Best? Both?

[sanooki]

I need some advice. I've read the forum but have trouble applying previous posts to my particular situation. My fiance and I would like to get married in Thailand. We would prefer to stay together in Thailand afterward, but I may need to work in America to take care of obligations for a year or two. I've already come back to the States, but am planning to go back to visit her in a couple weeks.

I have two possible ways to go in mind, and would like your considerate opinions please as to the viability of either:

One, I could marry her in Thailand and then work there for a about a year as an English teacher. I do have interest in doing this later when I move back to Thailand, so consider me as serious. While working, I would apply for the K3 visa. In this scenario, I worry about not having a job in America as hurting my chances, among other things.

Two, I could marry her in Thailand and then go back to America right away, where I have a decent IT job lined up. I would apply for the K3 from America and we would have to be separate for the time it takes to get the visa worked out. At least I would be making good money, but the distance bugs me.

Other likely pertinent factors are that we met while I was in Pattaya, and we lived together for two months. Despite what you're already thinking, she is not a bar girl. She has a university degree in management technology and worked with computers in Bangkok for four years with companies including Tesco Lotus. When we met, she had lost her job and was visiting a bar girl friend who was trying to convince her to work in a bar. For the past two months, she's worked in Samut Sakhon as a hairdresser with another friend. She had never had a boyfriend before me, but I know this will be a hard sell to whoever listens. I know it for a fact. Also, she will turn 26 in a month, while I am 50. Yes, yes, I know the age thing. Let's assume we're on the up and up here, OK?

Please just give me the hard facts about the two potential avenues, along with likelihood I can be successful in my K3 visa application.

Thanks so much,

sanooki

[DirectorIntegrityLegal]

Sanooki,

In the situation you described I think your best option would be to apply for a K1 fiancee visa and return to the USA to take the well paid job. First, the K-1 visa category has a considerably faster processing time compared to both the K-3 and the CR-1 (which I will get to in a moment). The big drawback of the K-1 category is that she will still need to adjust status in the USA in order to stay indefinitely, but the processing time is about 6-7 months compared to a K-3 visa which takes about 8-9 months or a CR-1 which takes about 11-12 months.

Many in your situation immediately jump to the conclusion of using a K-3 visa as it is the buzzword on the internet for "US Marriage Visa." In your situation K-3 is something of a Red Herring as the K-1 or the CR-1 visas would probably provide your fiancee with a greater benefit. Here's why:

The K-1 visa requires adjustment of status in the USA, but takes 6-7 months to process

The CR-1 takes 11-12 months to process, but your fiancee (now wife in this situation as you would need to be legally married to file for the CR-1) enters the USA as a lawful permanent resident so there would be no need to adjust status

The K-3 takes 8-9 months to process, but the K-3 is a non-immigrant visa and therefore you must still either adjust her status in the USA, or she needs to return to Thailand in order to complete the consular processing on the underlying CR-1 application.

Another thing to consider, if you two have met in person within 2 years prior to the filing of a K-1 application you can file straightaway. We handle many cases for clients who have returned to the USA and opted to file for a K-1 while there fiancee is still in Thailand. Generally, they need to have someone to assist with translations and signature obtainment from this end, but in your situation this may save you the cost of returning to Thailand, going through the marriage registration process (which in my opinion has become more cumbersome since the Ministry of Foreign Affairs stopped doing expedited legalization of English-Thai translations), and then waiting longer than you would have waited to obtain a fiancee visa.

I hope this was helpful.

All the Best,

Ben Hart

US Immigration Attorney

Integrity Legal

[thaihome]

The OP does mention the option of moving to Thailand and working for a year or so. If he were to do so, he could after the year of residency (assuming he gets the work permit and visa extension) file the I-130 in Bangkok and get the CR-1 visa in just a month or two. But as he says, working as an English Teacher in Thailand and not having a job in the US, it might prove difficult to pass the financial support requirements unless he has someone in the US that can sponsor them.

I agree the K-1 is probably the best route for the OP.

TH

[craigt3365]

I did the K1 visa route as recommended by the US embassy here. Like mentioned above, it is suppose to be quicker. I was here while filing the paperwork. Took about 5 months to get her visa to visit the US. But, I had a job all lined up. I think it is harder if you don't have a job.

Try www.visajourney.com. Great website. I went through the entire process for my wife. Lots of paperwork, but not really that bad. Actually, it was a fairly painless process and she is now a US citizen with a US passport. We now live here in Thailand, but travel often...so the US passport is a big deal.

[sanooki]

Thank you Ben for the great write up. Waiting even 6 months will be difficult, but may well be the best option.

Congrats to you craigt. I hope to be in your situation someday not too long from now. I don't think my job will wait 5 months, unfortunately for me.

The OP does mention the option of moving to Thailand and working for a year or so. If he were to do so, he could after the year of residency (assuming he gets the work permit and visa extension) file the I-130 in Bangkok and get the CR-1 visa in just a month or two. But as he says, working as an English Teacher in Thailand and not having a job in the US, it might prove difficult to pass the financial support requirements unless he has someone in the US that can sponsor them.

I agree the K-1 is probably the best route for the OP.

TH

Thank you TH. A question on this regarding the financial requirements please: Would the difficulty lie in not having made enough money while in Thailand? Or would it be that I would not have a job to support my wife once back in the States? I've read there are some strange formulas involving a percentage of the poverty level calculations, along with combining income with savings, similar to the Thai marriage and retirement visas. I haven't found anything that clearly -enough for me anyway- explained how to figure whether I could qualify.

Being able to be together for the year while waiting would be a big positive factor in my decision; but it would be a shame to wait all that time and then be unsuccessful.

[sanooki]

Try www.visajourney.com. Great website.

I've spent some time on this site and it has given me a good idea regarding the money in the bank option. I believe the current amount is a little over $54K in order to not have a current job. They also look at tax returns, etc. I will continue studying...Thanks!

[DirectorIntegrityLegal]

The guidelines for determining financial support are based upon Housing and Human Services yearly assessment of poverty-level income. For active duty military the financial requirement is currently 100% of the poverty guidelines. For everyone else it is 125% of the poverty guidelines. Shortfalls in assets can be made up by showing assets in the amount of 5 times the shortfall. Therefore if a petitioner is $3,000 deficient in income, but has $15,000 cash in the bank he would meet financial requirements under the guidelines. Bear in mind, these are simply GUIDELINES, these numbers are not set in stone so the Consular Officer is given discretion to approve or deny an application notwithstanding the numbers on the affidavit of support. This is why proving up the existence of assets and income is very important at this phase of the process.

This Consular discretion is one of the reasons why a job in Thailand may be less beneficial to a US visa application. For example, an American with a great job in Thailand might not have many prospects in the US. In my opinion, in that situation a consular officer would be within their discretion to say, "I see that you have a job in Thailand, but you don't in the US, therefore your lack of US employment places your fiancee/spouse in a position where she could become a public charge." I don't foresee this happening in a great many cases, but it is something to think about as it is one reason why I believe US employment is far more desirable than employment outside of the US unless of course it is with a company that has branches in both countries.

For more on the current income guidelines please see this link.

I hope this was helpful.

All the Best,

Ben Hart

US Immigration Attorney

Integrity Legal

Edited January 26, 2010 by DirectorIntegrityLegal

[sanooki]

The guidelines for determining financial support are based upon Housing and Human Services yearly assessment of poverty-level income. For active duty military the financial requirement is currently 100% of the poverty guidelines. For everyone else it is 125% of the poverty guidelines. Shortfalls in assets can be made up by showing assets in the amount of 5 times the shortfall. Therefore if a petitioner is $3,000 deficient in income, but has $15,000 cash in the bank he would meet financial requirements under the guidelines. Bear in mind, these are simply GUIDELINES, these numbers are not set in stone so the Consular Officer is given discretion to approve or deny an application notwithstanding the numbers on the affidavit of support. This is why proving up the existence of assets and income is very important at this phase of the process.

This Consular discretion is one of the reasons why a job in Thailand may be less beneficial to a US visa application. For example, an American with a great job in Thailand might not have many prospects in the US. In my opinion, in that situation a consular officer would be within their discretion to say, "I see that you have a job in Thailand, but you don't in the US, therefore your lack of US employment places your fiancee/spouse in a position where she could become a public charge." I don't foresee this happening in a great many cases, but it is something to think about as it is one reason why I believe US employment is far more desirable than employment outside of the US unless of course it is with a company that has branches in both countries.

For more on the current income guidelines please see this link.

I hope this was helpful.

All the Best,

Ben Hart

US Immigration Attorney

Integrity Legal

Very helpful, thanks!