Could You Share Your Experience On Us'S Spouse Visa?

[neverback]

Hi guys,

I would really appreciate,if someone could let me know the approximate time frames and their knowledge for US Spouse Visa?

I have just sent I-130 and I-129F forms to the National Visa Center,to petition for my wife to come to US on a spouse Visa.

I live in New York,and my wife is currently in Thailand.

Thank you

[ricardofel]

Don't hold your breath. Chances are slim going that route. She needs to go to the US Embassy or consulate to apply and depending on who you get for the interview it could be very difficult. Why are you not together if you are married? Are you legally married or village ceremony? How long have you not been together? Does she work? What guarantee will bring her back to Thailand? Sounds like you want her to stay in the US. These are just a few questions they will ask her. She does go into the interview alone. It took my wife 3 times to get her 10 year visa, by the 3rd time we had it totally together AND she had a really nice guy unlike the first 2 times. Good luck.

[Thanyaburi Mac]

I'd bet on 12 months, sorry, the processing in the U.S. by the USCIS is slooooow.

Once you get a receipt back from them you'll have a case # that you can use for tracking here:

https://egov.uscis.gov/cris/processTimesDisplayInit.do

Mac

ps: Ricardo, he's filing for an Immigrant Visa for his wife, not a tourist visa.

[neverback]

Don't hold your breath. Chances are slim going that route. She needs to go to the US Embassy or consulate to apply and depending on who you get for the interview it could be very difficult. Why are you not together if you are married? Are you legally married or village ceremony? How long have you not been together? Does she work? What guarantee will bring her back to Thailand? Sounds like you want her to stay in the US. These are just a few questions they will ask her. She does go into the interview alone. It took my wife 3 times to get her 10 year visa, by the 3rd time we had it totally together AND she had a really nice guy unlike the first 2 times. Good luck.

Hello there,

Thanks for a prompt reply.

Sorry, for not revealing you more information regarding my situation.

I am legally married in Thailand.We've been married for 9 months already. I work in New York, therefore can't stay in Thailand with my wife for a long time. I used to come every 3 months to visit her.

[neverback]

I'd bet on 12 months, sorry, the processing in the U.S. by the USCIS is slooooow.

Once you get a receipt back from them you'll have a case # that you can use for tracking here:

https://egov.uscis.g...sDisplayInit.do

Mac

ps: Ricardo, he's filing for an Immigrant Visa for his wife, not a tourist visa.

Hi Mac,

I appreciate your comment.

The "12 months" period sounds like an axe next to my nuts.

As far as i know, current processing time for a spouse Visa is around 5-6 months, plus 1-2 months in Thailand. All together should be 7-8 months, the most, unless i am unaware of some kind of trivia in Thai territory.

Regards,

Rus

[craigt3365]

I went through this back in 2004. It was a fairly easy process, though they did say a finance visa was easier to get than a spouse visa. I submitted the initial forms to the USA in December and we got the finance visa back in May. I had an apartment in New York at the time, had taken a year off, and was back to work just before we got the visa (having a job was a big deal to get approved!). Got married 2 months later in the US, she got her green card in very short order and 3 years later was a US citizen. We are now living here...but having that US passport is a big deal as we travel extensively.

The interview was a piece of cake...though we were nervous as heck. She had no job, worked as a waitress on Suk, only 2 years of school after high school, from Issan, no money, etc. The guy who did the interview at the embassy was really nice. Just be prepared. Pictures of you AND her family (NONE of the ceremony if you have done one!), airline tickets, phone logs, whatever to prove you have been seeing her a lot. Plus, she needs to know about you. Your middle name, where you were born, how many brothers and sisters, etc. These were asked of my wife during the interview. Dress politely, act politely, be prepared with EVERYTHING, and you should be OK. We met a guy who was bringing back a bar girl from Soi Cowboy. She looked like one, acted like one, dressed like one, and got her visa. We met them in NYC later, but she lasted only 1 year and was back here.

I recommend visajourney.com. Great site with lots of great info. Lots of paperwork to do, but it's really easy (I can say that in hindsight...but I have to admit I was a bit frustrated...and nervous...during the process). No help from a lawyer is needed...

PM me if there is anything else I can do to help.

Edited August 9, 2010 by craigt3365

[neverback]

I went through this back in 2004. It was a fairly easy process, though they did say a finance visa was easier to get than a spouse visa. I submitted the initial forms to the USA in December and we got the finance visa back in May. I had an apartment in New York at the time, had taken a year off, and was back to work just before we got the visa (having a job was a big deal to get approved!). Got married 2 months later in the US, she got her green card in very short order and 3 years later was a US citizen. We are now living here...but having that US passport is a big deal as we travel extensively.

The interview was a piece of cake...though we were nervous as heck. She had no job, worked as a waitress on Suk, only 2 years of school after high school, from Issan, no money, etc. The guy who did the interview at the embassy was really nice. Just be prepared. Pictures of you AND her family (NONE of the ceremony if you have done one!), airline tickets, phone logs, whatever to prove you have been seeing her a lot. Plus, she needs to know about you. Your middle name, where you were born, how many brothers and sisters, etc. These were asked of my wife during the interview. Dress politely, act politely, be prepared with EVERYTHING, and you should be OK. We met a guy who was bringing back a bar girl from Soi Cowboy. She looked like one, acted like one, dressed like one, and got her visa. We met them in NYC later, but she lasted only 1 year and was back here.

I recommend visajourney.com. Great site with lots of great info. Lots of paperwork to do, but it's really easy (I can say that in hindsight...but I have to admit I was a bit frustrated...and nervous...during the process). No help from a lawyer is needed...

PM me if there is anything else I can do to help.

Hi Craig,

Very nice reply with plenty of details. I am only confused with this suggestion "Pictures of you and her family (None of the ceremony if you have done one!)".When you say "None", what it means exaclty?

[craigt3365]

I screwed up on that one. It only applies if you are doing a finance visa...you are going the already married route. We were counseled by the embassy staff not to include pics of the ceremony (even though I told them we were going to do it). Sorry.... :jap:

[neverback]

I screwed up on that one. It only applies if you are doing a finance visa...you are going the already married route. We were counseled by the embassy staff not to include pics of the ceremony (even though I told them we were going to do it). Sorry.... :jap:

Gotcha, my friend, now i understand.

BTW, how much time did it take you to receive a notice to file an I-864 (Affidavit of support)form, since you had started the case (since you had submitted I-130 or I-129-f form)?

Thank you

[craigt3365]

I screwed up on that one. It only applies if you are doing a finance visa...you are going the already married route. We were counseled by the embassy staff not to include pics of the ceremony (even though I told them we were going to do it). Sorry.... :jap:

Gotcha, my friend, now i understand.

BTW, how much time did it take you to receive a notice to file an I-864 (Affidavit of support)form, since you had started the case (since you had submitted I-130 or I-129-f form)?

Thank you

Wow...sorry man...I just can't remember. And all of my paperwork is back in the US (too heavy to bring over here there is so much!). But if my very poor memory serves me correct, it was a few months. Because I was here in Thailand and had to get a job...so worked with some friends to get an offer letter that I included with the form. That would have been about 3 months after submission of the finance visa in early December. Interview was in mid April. Approval a few weeks after that.

All in all, it was a fairly easy process...just dot your i's and cross your t's. I read on visajourney.com where many had problems...and then found out it was because they forgot something and had to go back to the end of the line...extending the process a lot.

[thaihome]

You might be interested in this web site that shows the processing time for various Service Centers. I assume you would be using Vermont, looks like I-130 and I129F is about 5 months right now.

Servies Center Processing Times

Of course, after that you have to do the Packet 3 docs, and then schedule the interview. 9 months to a year is what it appears to be now.

You might also take a look at the Bangkok Consulate web site on visas. You can get a head start on the Packet 3 docs

INSTRUCTION AND APPOINTMENT PACKAGES AND FORMS

TH

[WarpSpeed]

I screwed up on that one. It only applies if you are doing a finance visa...you are going the already married route. We were counseled by the embassy staff not to include pics of the ceremony (even though I told them we were going to do it). Sorry.... :jap:

Gotcha, my friend, now i understand.

BTW, how much time did it take you to receive a notice to file an I-864 (Affidavit of support)form, since you had started the case (since you had submitted I-130 or I-129-f form)?

Thank you

Wow...sorry man...I just can't remember. And all of my paperwork is back in the US (too heavy to bring over here there is so much!). But if my very poor memory serves me correct, it was a few months. Because I was here in Thailand and had to get a job...so worked with some friends to get an offer letter that I included with the form. That would have been about 3 months after submission of the finance visa in early December. Interview was in mid April. Approval a few weeks after that.

All in all, it was a fairly easy process...just dot your i's and cross your t's. I read on visajourney.com where many had problems...and then found out it was because they forgot something and had to go back to the end of the line...extending the process a lot.

Great info Craig, if it's OK? Can you give me some idea of the total cost? If that's too personal for the forum can you please PM me..

I'm assuming based on your posts that you did this individually without legal assistance?

Edited August 10, 2010 by WarpSpeed

[craigt3365]

I screwed up on that one. It only applies if you are doing a finance visa...you are going the already married route. We were counseled by the embassy staff not to include pics of the ceremony (even though I told them we were going to do it). Sorry.... :jap:

Gotcha, my friend, now i understand.

BTW, how much time did it take you to receive a notice to file an I-864 (Affidavit of support)form, since you had started the case (since you had submitted I-130 or I-129-f form)?

Thank you

Wow...sorry man...I just can't remember. And all of my paperwork is back in the US (too heavy to bring over here there is so much!). But if my very poor memory serves me correct, it was a few months. Because I was here in Thailand and had to get a job...so worked with some friends to get an offer letter that I included with the form. That would have been about 3 months after submission of the finance visa in early December. Interview was in mid April. Approval a few weeks after that.

All in all, it was a fairly easy process...just dot your i's and cross your t's. I read on visajourney.com where many had problems...and then found out it was because they forgot something and had to go back to the end of the line...extending the process a lot.

Great info Craig, if it's OK? Can you give me some idea of the total cost? If that's too personal for the forum can you please PM me..

I'm assuming based on your posts that you did this individually without legal assistance?

Again, I can't remember all the costs. Well under $1000 for sure. But I am pretty sure some of the costs went up just after we applied. I barely made that cut off several years ago before the new prices went into effect. I did not use a lawyer. IMHO, unless you have issues with your GF, no lawyer required.

[neuf]

Are you trying to go the K-3 (which requires the submission of the I-129F form) or for the CR-1/IR-1 immigrant visa (you must be already married)?

The thing about using the K-3 for a spouse is that while actually getting the visa may be faster (debatable), once you actually get to the US you can't leave until you

- file Adjustment of Status (costs $1010 more + many months more waiting) which converts them into a full US Permanent Resident (I think you can leave and come back while the application is processing, but CHECK! Destroying your status is very easy to do and very hard to fix!)

- or, file for Advance Parole

She also can't work until filing for an Employment Authorization Document (more waiting.) All this hassle comes around because the K-1/K-3 visa is a dual intent (immigrant/non-immigrant) visa and so they exist in the US in some sort of fuzzy in-between.

Whereas, if you go the I-130 route alone (CR-1/IR-1) when you get the visa (a couple more months waiting than the K-3 visa), at the time she enters the US, she immediately becomes a Permanent Resident (and by extension, authorization to work) and generally gets a temporary (2 year) or permanent (10 year) green card in the mail within a month or so (the passport with the initial immigration stamp is equally valid as proof of permanent residence until you get the actual green card. Remember that US PRs need to have proof of permanent residence on them at all times, so either passport + stamp, or green card)

The I-130 is required for both processes and is the first step, however once you get the first I-130 receipt notice (called Notice of Action 1) you're supposed to then, and only then, file the I-129 form if you want to pursue the K-3 route. (But, I'm sure lots of people send both at the same time.) The I-130 isn't actually approved until the Notice of Action 2 form is generated and mailed, at which point the entire package you mailed USCIS is sent to the National Visa Center in Portsmouth, NH, who you file the DS-230 (which is the actual immigrant visa application form) with. Once the NVC finishes with the packet, they mail it to the Embassy here, who will contact the beneficiary (your wife) with a list of required documentation (including medical) and an interview appointment.

By submitting both documents you're attempting to apply for both, and the Embassy here will process whichever one finishes first. I'd recommend contating the USCIS and/or Embassy to see about canceling the I-129F)

Edited August 11, 2010 by neuf

[neuf]

The difference between CR-1 and IR-1, CR-1 is Conditional Resident-1 visa (this gets you the 2 year green card), and you need to reprove the validity of your marriage to USCIS 2 years after the initial entry, at which point you get a 10 year green card. You actually need to file the documentation at most 90 to a few days before the 2 year anniversary. If you are late, even 1 day, the USCIS will begin removal proceedings against your wife, which is hard to stop evenin good cases (extreme medical injury etc.))

If you're lucky enough to have lived in Thailand on a non-immigrant O or B visa(s) for at least 6 months -- period must be continuous but it doesn't need to stem from one visa, back to back O/B visas are also fine-- you can directly file with the USCIS branch in Bangkok, which means you don't have to pay the Affidavit of Support fee ($70), and can (in routine cases with all documents prepared and knowing when to send documents so you don't wait for request notices) get an immigrant visa (CR-1/IR-1) in about a month (!))

The form sequence for the immigrant visa (CR-1/IR-1):

At USCIS: send I-130 + $350 ish (not sure now) + supporting documentation -> Wait for Notice of Action 1 -> Wait for Notice of Action 2 -> (now everything you sent to the Chicago lockbox gets mailed to the NVC in NH) USCIS receipt number is on the Notice of Action forms and begins with EAC, WAC, LIN,or ... another one. (Not BNK, that's the code for Bangkok and the identification number that the NVC will issue and send you)

NVC sends your wife (not you!) a choice of agent form (if you're not using a lawyer.) This can be submitted/replied to through email, without waiting for the request from the NVC, use Google to look up the specific format they like.

2 concurrent sequences begin at this point:

Path 1 (Affidavit of Support):

NVC mails you a bill for $70 to review the Affadavit of Support form domestically. You pay the fee (either by check or online. Note that you can't pay this fee online until you have the Invoice Identification number, which is only printed on the paper bill. Sometimes you can convince the NVC telephone operators to give you this number before that, but it's a crapshoot)

The NVC then mails you the I-864 form with instructions on how to fill it out. You don't need to wait for this if you paid online -- print out the cover sheet that the online payment website gives you when your payment is processed as paid, and print out the I-864, and mail it.

If they are satisfied with your I-864, that is the end of this path.

Path 2 (Immigrant Visa Application):

Once the NVC receives the Choice of Agent form, a $400 (maybe more now) bill is generated for the actual Immigrant Visa Application. This paper bill is mailed to your wife after the NVC processes the Choice of Agent form. You do not need to wait for this if you received the Affidavit of Support bill (the invoice identification number is the same on both bills, so you can pay both online.)

Once it is paid, the NVC mails your wife the DS-230 package, which has two parts. She fills out and signs part 1, and fills out but does not sign part 2 (the form is clearly marked when and where she should sign.) She then mails it, along with all required documentation (police clearance certificate, etc.), to the NVC in Portsmouth, NH, who will take some time to review and make sure that all documentary requirements are fulfilled. Once the NVC is satisfied, it is mailed to the US Embassy in Bangkok (via Airborne Express (remember them?)/DHL, of all companies), who will send yet another letter to your wife with a few more required documents (medical) and an interview appointment.

And... ta-da! You're done (after a minimum of 6 months if you can't file in Bangkok)

Edited August 11, 2010 by neuf

[WarpSpeed]

Great stuff, very informative and detailed thank you all very much.. We have very special set of circumstances and your information has helped me to formulate the necessary directions to take.. And it took long enough to read it so that my page loaded enough to provide me to be able to give you a rep point for the posts :jap: ..

[neuf]

Just want to throw another nugget of Thailand-specific US immigrant visa information out there.

When you get to the second stage, and need to mail certified copies of birth certificates/marriage certificates (only) to the National Visa Center in NH (because you don't want to mail valuable originals): if you send copies and not originals of the beneficiary's birth certificate and/or marriage certificate, the copy must be certified by the office that issued it, i.e. if her birth certificate was issued in Nakhon Nowhere, she must go to the amphur in Nakhon Nowhere where her parents/etc registered the birth and request a certified copy; if you got married at the amphur in Nakhon Nowhere, you must go, (maybe together) and request a certified copy. A copy certified by the Ministry of Foreign Affairs at Chaengwattana is not suitably certified, according to the NVC.

[Hans Brix]

I'd bet on 12 months, sorry, the processing in the U.S. by the USCIS is slooooow.

Once you get a receipt back from them you'll have a case # that you can use for tracking here:

https://egov.uscis.gov/cris/processTimesDisplayInit.do

Mac

ps: Ricardo, he's filing for an Immigrant Visa for his wife, not a tourist visa.

Mac is right as usual. 1 year is approx waiting time as of very recently