Is K1 Best?

[Boatman37210]

Thinking about bringing my Thai fiancee to the US to stay with me until I retire. I will retire in no more than 2 years. At the end of 2 years we both want to return to Thailand to live. She wants to work while she is here in the US. If I go the K1 route and tell immigration that we will be returning to Thailand to live in 2 years, will that cause a problem with getting the K1? Is K1 the best route or only route to go in this situation? Are there other options for her to stay here for 2 years and work?

Thanks.

[sirineou]

If You have not started the process of getting a K1 visa for your fiance, keep in mind that it could take a long time, I am not sure what the timeline is now, but when we did it a few years ago, it took about one year.I am not sure if getting married in Thailand and apply for a wife visa would take less time. Be advised that once she is granted a K1 visa and arrives in the states, you will have 3 months to marry or she will have to return to Thailand.Don't think it will make any difference if you told them that you plan to return to Thailand in 2 years , but it might make it harder to get the visa as they might think that they are waisting their time , as you plan to move here by the time the process is completed.

Once she arrives in the US and you get married, you can apply for a temporary work permit,and for her Green card. the Green card will take a few months to be issued.

If you decide to go the K1 route, PM me and I will give you as much info as I remember.

Good Luck

[trisailer]

I went the K1 route and it took about 6 months to get her visa. I think it is the best way to go IMO. Consider doing the paperwork yourself. It is not that hard and there are many good guides to help you. Be sure to dot all i's and cross all t's because your dealing with bureaucrats who only have a few mins to evaluate your application. Forget about the interview it is almost meaningless. Check and recheck your application and be sure it is orgainized as recomended.

Once she is in the US you have to marry to apply to change status (temp green card) and apply for a temporary work permit. The green card is only good for 2 years and that should cover you. Keep in mind that if you come back to Thailand to live after the 2 years you should take steps to make it clear that she is not abandoning the green card in case you ever want to return to the US for a visit. It is a pain in the ass to get her back to the US after she has been back in Thailand for over a year. A friend of mine is trying to get a 10 tourest visa for his wife who got the temp green card while back in the states and wants to visit the US.

Start reading up at the K-1 site and also checkout this forum and visadreams both good resources. Accept that it will all look like greek at first but you will figure it out in bits.

good luck.

[Boatman37210]

Thanks for the offer of help and information.

After I retire to Thailand we will probably return to the US for a visit no more than once every two years. We will no longer live in the US. It's my understanding from what I have read on the internet that once it is determined she no longer lives in the US, she will lose her green card. How does she return to the US only once every two years and still keep her green card? The truth is she will no longer live in the US and I am thinking she is going to have to give up the green card.

Assuming she will lose her green card at some point, how do I get her back to the US with me when I go visit? Can she get a tourist visa after losing her green card or is there a better way than the tourist visa?

Thanks.

[juanellis]

Thanks for the offer of help and information.

After I retire to Thailand we will probably return to the US for a visit no more than once every two years. We will no longer live in the US. It's my understanding from what I have read on the internet that once it is determined she no longer lives in the US, she will lose her green card. How does she return to the US only once every two years and still keep her green card? The truth is she will no longer live in the US and I am thinking she is going to have to give up the green card.

Assuming she will lose her green card at some point, how do I get her back to the US with me when I go visit? Can she get a tourist visa after losing her green card or is there a better way than the tourist visa?

Thanks.

You have two options;

1) Once she surrenders her GC when she moves with you back to Thailand, she can apply for a tourist visa. She should be able to get one especially if she surrenders her GC (versus letting it expire or leaving the US for an extended period of time). It will help that you have a retirement visa and domicile together in Thailand (makes her less of an immigrant risk to the US).

2) Change your plans and retire a bit later. Once your wife receives her GC, she can file for US citizenship three years after receiving the first GC (actually file 2 yr 9 mo after as you have a 90 day window prior to the 3 yr point). Being a USC greatly improves her travel options (no visa required to Europe, Japan, etc). Additionally, benefits such as social security are impacted by her status.

All that being said, a CR-1 visa might be better as it would probably be the fastest route to a GC. This would especially be true if you qualified for DCF (direct consulate filing) in Bangkok (have to be a resident in Thailand for at least six months, so depends on where you legally call home).

Best of luck,

John

[Lingba]

Thanks for the offer of help and information.

After I retire to Thailand we will probably return to the US for a visit no more than once every two years. We will no longer live in the US. It's my understanding from what I have read on the internet that once it is determined she no longer lives in the US, she will lose her green card. How does she return to the US only once every two years and still keep her green card? The truth is she will no longer live in the US and I am thinking she is going to have to give up the green card.

Assuming she will lose her green card at some point, how do I get her back to the US with me when I go visit? Can she get a tourist visa after losing her green card or is there a better way than the tourist visa?

Thanks.

You have two options;

1) Once she surrenders her GC when she moves with you back to Thailand, she can apply for a tourist visa. She should be able to get one especially if she surrenders her GC (versus letting it expire or leaving the US for an extended period of time). It will help that you have a retirement visa and domicile together in Thailand (makes her less of an immigrant risk to the US).

2) Change your plans and retire a bit later. Once your wife receives her GC, she can file for US citizenship three years after receiving the first GC (actually file 2 yr 9 mo after as you have a 90 day window prior to the 3 yr point). Being a USC greatly improves her travel options (no visa required to Europe, Japan, etc). Additionally, benefits such as social security are impacted by her status.

All that being said, a CR-1 visa might be better as it would probably be the fastest route to a GC. This would especially be true if you qualified for DCF (direct consulate filing) in Bangkok (have to be a resident in Thailand for at least six months, so depends on where you legally call home).

Best of luck,

John

After 3 years from receiving GC she can apply for citizenship......does this mean she has to reside in the US for the entire 3 years non stop?

[steelepulse]

Why not apply for a non immigrant B-2 visa? This way she could come and go as she pleases in the US, even if in the first two years she'd need to do a visa run.

Is she really set on wanting to work full time in a hugely different work environment and work ethic than in Thailand?

[juanellis]

After 3 years from receiving GC she can apply for citizenship......does this mean she has to reside in the US for the entire 3 years non stop?

Not non-stop, but must meet certain criteria. From the USCIS website:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

Continuous Residence and Physical Presence Requirements for Naturalization

and here:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9822.html

Basically must spend at least half your time in the USA with no absence in excess of 6 months. Exceptions may apply.