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Posted

What is the best path to green card then citizenship for a Thai that is currently holding a non immigrant visa? Whatever is done forward, we do not want to lose the non Imm visa!

1. We are unmarried (could go the fiance route), worried about losing the visa esp

2. We can marry, wait six months and begin to process for spouse visa (?). By the time the app comes up we would be married 1+ years perhaps - best option?

3. Apply for full residency, wait a very, very long time. Crap shoot - assuming this is different than above (#2)

I am currently not working and would need to utilize the cash option for support which I understand is about 5x rate of poverty line. I can also have another person sponsor here (such as a relative).

Again, we do not want to put the Non Immigrant visa in jeopardy, better we both remain here and visit my elderly parents annually.

Just thinking as my parents seriously age...

Thanks for any advice and/or first hand knowledge.

Posted

Thanks and sorry if this is not clear and loaded with underlying questions.

Yes, perfectly understandable we can not make a green card or have a path to citizenship while not in the country. I think it is now about a three year wait. Perfectly fine, we would have lots to do with elderly parts, travel and odd jobs.

Not losing her visa is critical. We are far better off making annual trips than risking he inability to return. That said, looking at the cost of airfare - it's now pretty insane.

ANYWAY....

Options

1. Marry in Thailand, apply for residence in USA ...BUT we do not want to lose her B1 (best option for us perhaps, emphasis on not losing the visa!). Marry here, stay for a few more years and prove the marriage is solid. We would then be together about four years.

2. Not marry here and apply for a fiance visa - but if denied, we definitely do not want to lose the B1 visa.

2. Return to US on her B1 and we petition for settlement/green card (while coming and going as needed, every six months).

We would remain in the US the entire time it takes for the processing. Understood. When finished, I can see us coming back to Thailand for six months for her to visit her parents and us to go back to the Andaman. Her parents would be about the age to start giving up the ghost as well.

My gf loves the states, she had been once before. She is very interested in the US over all other western countries combined. She very much wants to see all the great national parks and lands wholly different than Thailand. Very keen on seeing the south west in depth.

Ultimately, I could see us in each country for six months a year perhaps. Could also see us traveling about in the US for years to come or settling down somewhere quiet.

Thanks for your input.

Posted

Firstly, I don't understand why you are asking for advice. The decision on all of the choices you have listed must be made by you ( and your girlfriend). How can anyone advise you which is the best option ? Surely you are the ones who will decide how and where you want to live. How would I, or anyone else, be qualified to tell you how you should live the rest of your life ?

Secondly, I'm not sure that you can petition for a green card while on a B1/B2. On what grounds ? But, if you can, then surely this answers your question as to what to do ?

Posted

I guess I have not made myself clear enough. Apologies for the post.

*Secondly, I'm not sure that you can petition for a green card while on a B1/B2. On what grounds ? But, if you can, then surely this answers your question as to what to do ? *

On the grounds that the person would like to become a citizen?

Posted

I guess I have not made myself clear enough. Apologies for the post.

*Secondly, I'm not sure that you can petition for a green card while on a B1/B2. On what grounds ? But, if you can, then surely this answers your question as to what to do ? *

On the grounds that the person would like to become a citizen?

A green card is not a visa. We assist in obtaining visas for people to travel to various countries. We do not assist in obtaining B1/B2 visitor visas for people who have an intention of staying on in the USA for settlement. Your girlfriend could petition if she is in one of the following categories, but from what you have already told us, I doubt if she is.

Amerasian Child of a U.S. CitizenAmerican Indian Born in Canada - Armed Forces Member - Cuban Native or Citizen - Diversity Immigrant Visa Program - Haitian Refugee - Help HAITI Act of 2010 - Indochinese Parole Adjustment Act - Informant (S Nonimmigrant) - Lautenberg Parolee - Legal Immigration Family Equity (LIFE) Act - Person Born to Foreign Diplomat in United States - Registry - Section 13 (Diplomat) - Victim of Criminal Activity (U Nonimmigrant) - Victim of Trafficking (T Nonimmigrant)

That is why I said that I'm not sure if you can petition. But, you will find that "wanting to become a citizen" is not one of the approved routes to obtaining a green card."

Posted

A flame and responses to it have been removed.

Bangkokburning, you asked if a visitor to the US can petition for a green card whilst in the UK as a visitor.

I don't know the answer, but the response from someone who knows more about this subject than I is that she can't.

You don't like that response; fair enough, feel free to await advice from others here or seek it elswhere.

But there is no need to flame the respondent; flames will not be tolerated

Posted

That is not what I asked. I am a US resident so would not ask anything about UK. In fact, I was not even aware UK had green cards??

Anyway - its clear who runs the joint. There was nothing inflammatory in my post. No vulgar language. No name calling.

You can delete my nick. I'm done.

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