Us Citizen Living In Bkk, Want To Move Back To Us With Thai Wife

[digibum]

I've been digging around the forums and can't really find a good answer on this.

I have been living in Thailand for about 2 years now on ED visas with some time off on a Tourist visa in between ED visas. I recently had some investments that were providing the bulk of my income go bad and it's looking like the best thing for me to do is go back to the US for at least a couple of years. No problem with a job or anything as I work in a very specialized industry and I have job offers almost weekly that I've been turning down (which now I'll have to take). So technically, I have not been employed for the last 2 years.

Prior to moving to Thailand I lived in Europe where I was employed and have been steadily employed for years.

My gf and I were planning on getting married here in Thailand in November however I may have to go back to the US sooner due to the sudden drop in income. I would like to bring the gf with me either as my gf or as my wife (we can register the wedding for legal purposes and come back and do the ceremony in Nov).

The gf owns a home back up in her village but the land (which is hers) is in another relatives name (and neither of them want to pay the fees for transfer of ownership). She don't have a uni degree and most of her previous work experience involves stuff like working in a noodle shop, working retail, waitressing in restaurants, etc, etc. A lot of it is cash in hand sort of stuff so no real legal paper trail to prove employment though she has worked some jobs where she had to fill out all the regular employment forms.

We've traveled outside of Thailand once together, to Vietnam. She has several stamps in her passport and previously had a boyfriend in Australia that she visited receiving a tourist visa.

My thinking has been maybe to try to do the the paper marriage here asap to get the paperwork going on a spouse visa. If I have to go back to the US before the wedding everything will be filed before I leave and I assume that by November she will already have her visa and could travel with me back to the US.

Questions

1. Is the above the best route to go? Might it be better to get a fiance visa (K1), come to the US and get married, and then travel back for the Buddhist ceremony in Nov?

2. Has anything changed with the DCF requirement that they do not accept ED visas as residency? Is there a possible exception since I haven't lived in the US for over 5 years?

3. According to one site I was checking out it indicated that turnaround time difference between a K3 and CR1 was only one month difference with the CR1 having a lot less hassle. Any feedback on whether that estimate is true (9 months vs. 10 months)?

Any other advice?

[digibum]

Wrote an email to the USCIS about filing in Bangkok and no answer for a week. Will probably head down there this week and see if I can't get an answer in person.

[IMA_FARANG]

Good questions.

First, before you go to the U.S embessy give then a PHONECALL and make an appointment. They will schedule a meeting and hopefully then tell you all the steps involved. Be as clear as you can, and bring ANYTHING you have that might help them to understand your particular questions. Remember, you are giving them a new situation, and even though you have a lot of experiene with the situation, they will only have a short time to consider it. Anything you can provide to help them understand your case will be of benefit to you.

Not being any kind of an expert, I think the fiancee visa...which allows your propose wife to come to the U.S. with the intention of being married there...is exactly what you want. But ask the embessy...they will know.

If you can get a Thai marriage and have it registered before you leave...that will help your case. It isn't really necessary to get a fiancee visa...but it could be regarded as proof of "evidence of intent" for your claim.

Just so you know...it's entirely possible that this procedure, even if it is approved eventually, will take some time. If you have to reurn to the U.S. for financial reasons before it is completed...be ready for that situtaion. Also let your Thai girlfriend know that's what might happen. That way SHE won't be to discouraged by any delays. Even at best the paperwork and the process takes time. Just accept that at the beginning of the process.

Good Luck...and I hope you do get what you want.

Edited May 25, 2011 by IMA_FARANG

[moe666]

A friends brother and his Thai wife just got there visa over 1 year for marriage visa.

[digibum]

Went to the USCIS and was immediately seen. I asked if I can submit the I-130 here in Thailand if I'm here on an ED visa. I was basically told, "You can try." LOL The woman I spoke with said that they have some latitude in determining if they have jurisdiction. So she suggested bringing the completed I-130 and all of the supporting documentation as well as as much documentation as possible to establish that I have been living in Thailand for the last six months and have some sort of "life" here in Thailand.

I was thinking to simplify the it for them by giving them a summary narrative document and include the supporting documentation if they want to verify. I was thinking of showing:

a) Documenting all entries into and leaving Thailand in the last 2 years (which only includes visa runs)

Documenting my Thai drivers license, bank accounts, etc.

c) Documenting when I first rented my apartment and when I moved (showing lease agreements)

I'm hoping that will do it.

[sirineou]

I was thinking to simplify the it for them by giving them a summary narrative document and include the supporting documentation if they want to verify. I was thinking of showing:

It would certainly not hurt to have a cover letter with a summary of your situation.

This is exactly what I did when we applied for our K1 visa, and I believe it helped in expediting the application.

Good luck