Thai Dr. Married To American

[maccaroni man]

these are the facts: Thai woman mid 40's has 10yr tourist visa for USA

Woman is a Medical Doctor at international Hospital

She is mother of 2 children with dual citizenship; USA and Thai.

Husband of 15yrs is American but has zero assests in USA.

The family is considering relocating to USA and want to know easiest way to get her residence.

thanks for the advice.

[Thanyaburi Mac]

No replies so far?? OK, here's a shot.

In the first place, I don't recommend just going to the U.S. on her Tourist visa and applying there for an adjustment of status to that of a PRA, Permanent Resident Alien, ie, a Green Card holder. While not illegal, it is frowned upon by the CIS & ICE(former INS) folks.

A better approach would be to file an Immigrant Visa Petition (IV)with the Bangkok CIS office there down on Wireless Road.

One hangup, as you've noted, would be lack of assets in the U.S., job, income, etc, to establish that the Thai wife would not become a "public charge." This is the purpose of the form I-134, Affidavit of Support that must accompany any application for an IV. If the person making the application cannot fulfill the requirements of the I-134, it can be done by other means, such as citing the assets of other relatives or friends in the U.S. (good luck here!). Not impossible, and fairly common.

If you've not already done so, suggest you wander through these www pages:

http://bangkok.usembassy.gov/immigrant_visas.html

http://www.uscis.gov/portal/site/uscis

Mac

[maccaroni man]

No replies so far?? OK, here's a shot.

In the first place, I don't recommend just going to the U.S. on her Tourist visa and applying there for an adjustment of status to that of a PRA, Permanent Resident Alien, ie, a Green Card holder. While not illegal, it is frowned upon by the CIS & ICE(former INS) folks.

A better approach would be to file an Immigrant Visa Petition (IV)with the Bangkok CIS office there down on Wireless Road.

One hangup, as you've noted, would be lack of assets in the U.S., job, income, etc, to establish that the Thai wife would not become a "public charge." This is the purpose of the form I-134, Affidavit of Support that must accompany any application for an IV. If the person making the application cannot fulfill the requirements of the I-134, it can be done by other means, such as citing the assets of other relatives or friends in the U.S. (good luck here!). Not impossible, and fairly common.

If you've not already done so, suggest you wander through these www pages:

http://bangkok.usembassy.gov/immigrant_visas.html

http://www.uscis.gov/portal/site/uscis

Mac

agreed, it is a bit amazing that ther has only been one reply. Cash in the bank is something we were wondering about in regards to the process, we also considered buying an income property as well; this would create and asset and show an immediate source of income. TBH i am simply trying to avoid navigating the web and the quagmire of available inforamtion. I am hoping that money in the bank, marriage, children and profession will make things streem easily without too many twist and turns.

[Projectpaperclip]

Hi, I'm in the same situation... only married for just over 8 years ( thai marriage ). Perhaps you could clarify this question for me....

======= married in thailand vs the usa ===============

We were married in thailand 8 years ago... I take it this qualifies us to file the I-130 petition of an alien relative? Weather filing from within thailand or within the usa ( on tourism visa )?

====== Adjustment of status fails... what happens to tourist visa? ==========

If the Adjusment of status request fails from with the states does she lose her tourism visa?

Which route did you go and how has it turned out? Thanks for any tips!

[Thanyaburi Mac]

Assuming that you're still in Thailand, filing the I-130 and other forms with CIS here in Bangkok would be much faster than starting with the paperwork in the U.S.

Give CIS BKK a call, email, or stop by for a visit.

Mac

[Projectpaperclip]

I mean if we filed from within the states for adjustment of status.... if they deny it what happens to the tourist visa? Thanks for any ideas.

[Thanyaburi Mac]

Paperclip

Not sure why an application for Adjustment of Status while in the U.S. on a tourist visa would be rejected. Guess it could be on financial grounds, eg, lack of funds to support the family.

Here's the form from the USCIS page:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I don't know the current status of the K-3 visa for alien spouses but this looks interesting:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

However, as your spouse already has a valid B1/B2, and I presume a 10-year validity, it's a different deal.

Here's one: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

I can't find a specific cite that addresses your Q. Suggest you go to the www.uscis.gov page and do a search for: adjustment of status of tourist spouse

Note, it's a legal form of jumping the immigration Q to the U.S.

So, I don't know what would happen to the current B1/B2 visa if adjustment to PRA was denied, altho I can't really see why it would be.

And I have no idea if the B1/B2 would be cancelled upon application for PRA status. You'd need to ask CIS about this. Perhaps ask the Bangkok office down on Wireless Road, without leaving your names, of course.

Mac

[Projectpaperclip]

Mac, thanks much for the response. I'll make sure to update with my findings.