I-130 Run Around

[yabadaba]

The USCIS in Nebraska returned my I-130 Petition for Alien Relative along with the uncashed cashiers cheque and a note stating that my petition cannot be processed in the US because I reside outside the country and that I need to go through a local embassy or consulate.

The people at the USCIS and the Embassy here(Thailand) told me that they can't process the application because I haven't been in Thailand for a year or more and that I have to go through the office in the US. Of course no one bothered to tell me that I have to use an address in the US if I'm going though a local service center there, despite having talked to numerous visa specialists in both departments.

So should I re-submit my application to the Nebraska office using a different address or should I take it back to Bangkok and make an arguement for my residency based on the note that the Nebraska service center sent to me???

[thaihome]

Don't believe there an actual requirement to have resided overseas for a year, but undoubtedly they have a policy saying that to help them weed out people trying to take advantage of the faster processing time overseas.

How did you prove to them you were a resident but had not been here a year? Do you have a work permit and visa extension? Of course, their argument would be why would she need a green card if you currently reside in Thailand and intend to stay. Maybe she just needs a tourist visa. They are commonly issuing 10 visas that allow 6 months stay at a time.

Go talk to them (nicely, even though that may get very difficult)

TH

[lopburi3]

You have to have a US address (in the area they are responsible for) for a regional office to process it. So use the home address in US and you should be set. You obviously plan to reside in US or there would be no need for an I-130.?.

There is a one year resident requirement AFAIK and do not believe they would be willing to make exception on the basis of your letter. But if you have been here near that amount of time I would give it another go.

If you do not plan to live in the US you should apply for a tourist visa as said by thaihome.

[yabadaba]

I don't have Thai residency as far as the Thai government here is concerned nor do I plan to get it. The USCIS simply requires you do stay a year probably for the reason stated that they don't want hordes of people flying to Bangkok for a week to take advantage of the system. I have been living here for about nine months and am trying to take my wife and son to the US. In fact my son already has dual citezenship but I don't want to seperate him from his mother.

Whoever is answering the phone at Homeland Security suggested I go to USCIS Bangkok and show them the document from the Nebraska service center, so I think I'll try that. If it doesn't work I can always resubmit the petition using a new address.

Anyone else have a suggestion?

[lopburi3]

I did not mean official residence in tax terms but just that you have been in Thailand for one year. Indeed it is to keep the workload down to those that really live here rather than the quickie marriage/visa application that might be used by some. I had lived here for several years but they refused to accept my paperwork in the mid 90's because I did not have rent receipts and was not on a visa extension of stay (have (wife) owned home since 1974)

Good luck. If you see another 'face' at USCIS perhaps try them. My dealing was very frosty from a lady (local hire) but on a later call had a very helpful male.

[yabadaba]

Thanks lopburi3

Your reply is not encouraging and I also suspect that as government employees, they'll look for any technicality they can find to avoid working. I'm only recently married and have not yet obtained the O visa so the consecutive visa stamps in my passport probably aren't good enough. Nonetheless it can't hurt to try. The worst case scenario is that the Bangkok office won't processes the petition and when I change the address and resubmit the petition to the US they'll deny it again based on my previous claim to having an address in Thailand. See what happens...

[lopburi3]

I don't believe you will have any problem if you use a US address as that is the whole reason for an immigrant visa application. When you used the overseas address it did not make sense to them as it was not in there area of responsibility and posed the question (why immigrant visa if living overseas?). All will work out in time. In my case before it did decided to remain in Thailand.

[paulfr]

When you used the overseas address it did not make sense to them as it was not in there area of responsibility and posed the question (why immigrant visa if living overseas?). 

<{POST_SNAPBACK}>

Lop

I do not understand your point.

Why is it questionable for a Farang-TG couple who are married and living in Thailand (overseas) to be applying for a US Immigrant Visa ??

Say they do not want to just visit, but be able to travel freely between the two countries and have her become a US citizen. First step is the Immigrant Visa, then Green Card, then 5 yrs residence and then citizenship.

Please explain what I may be missing here.

Thanks

[lopburi3]

What did not make sense was the lack of a US address as they have division of responsibility and can not tread on each others turf. If a person is to apply for an immigrant visa it is expected they intend to immigrate. If not then just a tourist type visa is all that is required for visits.

You can not obtain green card etc. while overseas. The immigrant visa comes when you immigrate.

[yabadaba]

What doesn't make sense to me isn't that NE won't process the petition without a US address, that actually seems quite reasonable, but rather that Bangkok won't process the petition even with a Thai address. I'm pretty sure that one of the main functions of an embassy is to serve the needs of its citizens in that country. But oh well, I think that rain is wet so who am I to judge?

[lopburi3]

What doesn't make sense to me isn't that NE won't process the petition without a US address, that actually seems quite reasonable, but rather that Bangkok won't process the petition even with a Thai address.  I'm pretty sure that one of the main functions of an embassy is to serve the needs of its citizens in that country. But oh well, I think that rain is wet so who am I to judge?

<{POST_SNAPBACK}>

Actually the Embassy has nothing to do with it at this stage.

[yabadaba]

Correction noted Lopburi 3, I should have said USCIS, but the same reasoning applies.

Anyway the whole discussion is now a moot point because I submitted the petition yesterday and it was to my surprised approved today! I wasn't expecting it to be ready so fast. Maybe they've changed their policies because all I had to show them as proof was nine months of consecutive tourist visas and 30 day stamps.

So now I'll apply for the immigrant visa. Things should in theory go much faster now that I can do everything else in Thailand. But what I didn't realize is that because I applied for the petition in Bangkok I don't need to apply for the k-3 visa which is supposed to be a fast track to getting family to the US. On one hand this saves me the expense of an additional step in the process but on the other hand the immigrant visa requires a more stringent affidavit of support than the K-3 (which only requires that I have a job). So I don't at the moment know if its good or bad luck.

[lopburi3]

Correction noted Lopburi 3, I should have said USCIS, but the same reasoning applies. 

  Anyway the whole discussion is now a moot point because I submitted the petition yesterday and it was to my surprised approved today!  I wasn't expecting it to be ready so fast. Maybe they've changed their policies because all I had to show them as proof was nine months of consecutive tourist visas and 30 day stamps.

  So now I'll apply for the immigrant visa. Things should in theory go much faster now that I can do everything else in Thailand. But what I didn't realize is that because I applied for the petition in Bangkok I don't need to apply for the k-3 visa which is supposed to be a fast track to getting family to the US. On one hand this saves me the expense of an additional step in the process but on the other hand the immigrant visa requires a more stringent affidavit of support than the K-3 (which only requires that I have a job). So I don't at the moment know if its good or bad luck.

<{POST_SNAPBACK}>

Happy you had good luck. When I tried there was no time mentioned, only that you live here but a year or so ago noticed they had defined it as one year. Believe the new USCIS is under pressure to be helpful and speed things up from the previous long delay path so maybe you hit it at the right time - and will have clear sailing now (if your pocket money is ok). Good luck.