Has Anyone Filed An I-129F Or I-130 At The Dhs Office In Bangkok?

[Everett]

This question is regarding an I-129F or I-130 form. (For a fiance visa or a spouse visa)

The first step is filing one of these forms (along with other documents) to the Department of Homeland Security. Normally you do this back home in the US but apparantly in some circumstances you can file it at the Department of Homeland Security office here in BKK. And from what I've heard, it is much quicker if you can do it in BKK.

Has anyone done this before? How did you prove you are residing in Thailand and you've been here for 6 months? Do you have a work permit?

The information on the website is extremely vague. It basically says you can't be here as a student or tourist. But it gives no real specifics of what they prefer... and if it's like most of this visa stuff -- there are no specific rules or laws. It's simply all up to the prick that happens to be working on the the day your paperwork gets processed. (Sorry for the rant!)

I'm here on a multiple entry Non Imm B visa, and I can show from my stamps that I've been here for over 1 year in the past. Of course I have to renew my visa every 3 months. No work permit.

Any info from people who have done this before? *fingers crossed*

Thank you for your time.

[proximity]

What website are you looking at? You don't file I-130s at the "DHS Office", you'd go to the US Embassy.

Filling a I-130 requires you to be domiciled in the USA. Are you planing on moving back?

[daboyz1]

What website are you looking at? You don't file I-130s at the "DHS Office", you'd go to the US Embassy.

Filling a I-130 requires you to be domiciled in the USA. Are you planing on moving back?

A couple things.

1. You can file I-130 in Thailand at the Embassy for an IR-1/CR-1 visa, but you have to prove that you have resided in Thailand for 6 months. It's called "Direct Consular Filing" Look here:

2. You can NOT file I-129F (fiancee visa) at the consulate, Only I-130. I-130 requires you to be married for an IR-1/CR-1 visa.

3. Some people may try to steer you to a K-3 visa. That visa is pretty much dead since Feb. 1 of this year. Go IR-1/CR-1

Look around that site a linked to above. It is the best resource on the net for family based immigration to the US.

Edited June 25, 2010 by 7by7
Link removed, see my post below.

[Everett]

Thanks for the replies. Let me try to start over and make this more clear. When i originally posted this topic my brain was a bit fried from working on this visa stuff all day.

Maybe I should have just changed my question to:

How do I file my I-129F in THAILAND?

--I file it with USCIS Service Center, and they have an office in Bangkok

-- To do this, I must prove that I have been residing in Thailand

This website Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions states the following:

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

I'm trying to find specifics on how I show them that I can and have been residing here. I've called them and emailed them -- But they don't know!! They only quote the exact same vague information that is in the paragraph above.

I'm afraid that if I send my package in they will then say that my passport stamps aren't enough to prove that I've been residing here and that I must have a work permit or something to that effect.

I've been using the visajourney website as they have a FAQ and a guide for the k1 process. However when it comes to filing the I-129F for a K1 fiance visa it doesn't seem to provide info on my question above.

[daboyz1]

Thanks for the replies. Let me try to start over and make this more clear. When i originally posted this topic my brain was a bit fried from working on this visa stuff all day.

Maybe I should have just changed my question to:

How do I file my I-129F in THAILAND?

--I file it with USCIS Service Center, and they have an office in Bangkok

-- To do this, I must prove that I have been residing in Thailand

This website Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions states the following:

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

I'm trying to find specifics on how I show them that I can and have been residing here. I've called them and emailed them -- But they don't know!! They only quote the exact same vague information that is in the paragraph above.

I'm afraid that if I send my package in they will then say that my passport stamps aren't enough to prove that I've been residing here and that I must have a work permit or something to that effect.

I've been using the visajourney website as they have a FAQ and a guide for the k1 process. However when it comes to filing the I-129F for a K1 fiance visa it doesn't seem to provide info on my question above.

USCIS only processes I-129F at two service centers. One in Vermont, the other in California. You CANNOT file an I-129F in Bangkok.

That said, you can get married, prove residency for 6 months, and file an I-130 in Bangkok. It's called Direct Consular filing, and it is much quicker than filing it in the US. You will have to prove that your income was 125% over the poverty level for the last year (maybe last 3) when you file the I-864 etc. If you can't meet this requirement, you can get a co-sponsor in the US. They will not consider foreign earned income.

As far as proving residency, do you have a lease in Thailand? Maybe electric or UBC bills for the last 6 months?

Edited June 24, 2010 by daboyz1

[daboyz1]

Here's some pretty good info for you:

Edited June 25, 2010 by 7by7
Link removed, see my post below

[Everett]

Thanks again for the reply.

Maybe I need to marry and go with the I-130 if we can process all of that in Thailand.

Visajourney doesn't have a FAQ or guide on the IR-1 or CR-1 yet i don't think, but I'm finding a bit of info on that now.

[daboyz1]

Here it is:

That guide is for people residing in the US, but you might be able to take some info out of there, and apply it to your DCF case. Also, here are some example forms etc.

Edited June 25, 2010 by 7by7
Links removed, see my post below.

[Everett]

That is a very useful link, thank you!

One question.. when he says he filled out the I-130 and sent it in, he does mean the I-130 package that contains the I-130 along with a cover letter, birth cert, G-325A filled out by me as well as another G-325A filled out by her, pictures, marriage cert, etc. correct?

He kind of makes it sound like he just did the I-130 form by itself and mailed it in, so I want to be sure I understand.

Edit: I'm referring to the guy in the link you posted DCF in Bangkok rules! - VisaJourney.com

Edited June 24, 2010 by Everett

[daboyz1]

That is a very useful link, thank you!

One question.. when he says he filled out the I-130 and sent it in, he does mean the I-130 package that contains the I-130 along with a cover letter, birth cert, G-325A filled out by me as well as another G-325A filled out by her, pictures, marriage cert, etc. correct?

He kind of makes it sound like he just did the I-130 form by itself and mailed it in, so I want to be sure I understand.

You need to give it all to them with the I-130. The whole package. I'm not sure how secure that office is, since I've only been to the embassy. You might be able to just walk in and give it to them.

I wish I would've known about DCF. I lived there in BKK for 3 years. I was so naive about the whole thing, I figured since we were married, it would be automatic. It took me a YEAR filing from the US to get her the visa. So you're definitely doing the right thing. Keep in mind the actual visa is only good for a year. They will send you either a 2 year or 10 year green card to the US address after you get the visa. So not sure how soon you planning on moving back here.

Edited June 25, 2010 by 7by7
Links removed, see my post below.

[Everett]

Thanks daboyz1,

I'm starting to feel a bit better about going this route.

[7by7]

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[gorshar]

You will have to prove that your income was 125% over the poverty level for the last year (maybe last 3) when you file the I-864 etc. If you can't meet this requirement, you can get a co-sponsor in the US. They will not consider foreign earned income.

Nope. All my income is foreign and it was accepted for meeting the 125% requirement.

[daboyz1]

You will have to prove that your income was 125% over the poverty level for the last year (maybe last 3) when you file the I-864 etc. If you can't meet this requirement, you can get a co-sponsor in the US. They will not consider foreign earned income.

Nope. All my income is foreign and it was accepted for meeting the 125% requirement.

That is the exception, not the rule. Did you file I-864 or I-134?

[daboyz1]

I'll put my last stamp on this thread. I-134 is not a contract. It is used for K visas (K-3 is gone by the way) I-864 IS a contract between the petitioner and the US govt.

If you come the the US on K-1 with a I-134, you WILL have to provide a I-864 for adjustment of status. No way around that. Also, the BKK embassy is pretty unforgiving when it comes to co-sponsors.

I've been there and done IT!

[thaihome]

You file I-130 at the USCIS office in the office building across the street from the Consulate. Before they will accept it you have to show residency. I don't think a non-Imm B without an extension or work permit will not do it.

A couple of years ago a friend did the whole thing, from getting married to getting the CR-1 visa of his new wife and her daughter in about 4 months. The USCIS took a week to approve the I-130, the rest of the time was getting documents for what was then the Packet 3 and waiting for interview appointment.

Technically it is not a DCF, as you do file with the USCIS not the Embassy.

TH

[sirineou]

I dont know about I-130 but I do know about !-129F.

according to the USCIS website and I quote:

If you are filing abroad:

File Form I-129F with the service center listed below based on the last place you lived in the United States.

NOTE: Your petition cannot be adjudicated at a USCIS office abroad.

you can download the where and how to apply instructions in PDF form at: http://www.uscis.gov...i-129finstr.pdf

you can download the I129F application at : http://www.uscis.gov...form/i-129f.pdf

Chok dee

[WarpSpeed]

You file I-130 at the USCIS office in the office building across the street from the Consulate. Before they will accept it you have to show residency. I don't think a non-Imm B without an extension or work permit will not do it.

A couple of years ago a friend did the whole thing, from getting married to getting the CR-1 visa of his new wife and her daughter in about 4 months. The USCIS took a week to approve the I-130, the rest of the time was getting documents for what was then the Packet 3 and waiting for interview appointment.

Technically it is not a DCF, as you do file with the USCIS not the Embassy.

TH

This is correct but if you have been married for any length of time and can verify that a visa is not necessary a green card can be applied for directly based on what I read..

I posted on another thread before I found this one and posed a couple of questions maybe you can answer here..

1) Is there parking at the USCIS building directly?

2) Is an appointment required and

3) If so where to do, any links? I did not see any links to do this, we were hoping to tend to it on Monday but this just occurred to me as they did not mention any need when we inquired a few weeks back at the Embassy..

Any help would be greatly appreciated..

Edited April 1, 2011 by WarpSpeed