Thai Wife Overstaying In Usa

[Skytrain2hell]

So my Thai wife has a 10 year non-immigrant visa to the states, which expires in 2015. We are currently applying for a green card, and she'll have to fly back to Thailand for the interview process. The problem is, she was stamped until mid-March, and her interview probably won't be until April.

How serious is it to overstay that stamped date? Is there any way to extend that stamp date like we can do at Thai Immigration?

I know this is more of a USA visa question, but any help would be greatly appreciated.

[NanLaew]

I do recall a couple of times when I was in the US on a B1/B2 Business visa that I petitioned for an extension and these were approved. However, the time between submitting the petition and getting the approval was usually around 3 months by which time I had already left and sometimes returned without any problems. I was in Houston and the filing was done in person and took a few hours; one of those take a number and wait jobs!

Having said all that, this was all pre 9/11 and the Department of Homeland Paranoia's subsequent messing with the rules and regulations so quite possibly irrelevant. I also recall a fellow Brit, married to a US citizen who was applying for a US green card and he was bitching that once that petition has been filed, he could not leave the US until it had been either approved or denied. Leaving the US with a green card petition pending invalidated not only the petition but undid the whole qualification process. Maybe the new procedure is apply in the US and get interviewed in your homeland?

Probably more relevant is that overstays are an issue. This from recent personal experience where a couple of years ago, US Immigration suddenly started giving me secondary inspections on every landfall. Prior to this, I had been in and out of the US up to 6 times a year for over 15 years. They were tripping me up on some aledged overstays that their computer system showed for 2004. They were quite serious about my being able to recall exact dates of arrival and departure from 5 years earlier as well as remembering what countries I was traveling to/from on these dates... without reference to diaries or old passports! They don't show you the information on their computers and get this; my US immigration lawyer was also denied access to this data.

Edited February 5, 2012 by NanLaew

[TAWP]

Whatever you do, don't just silently overstay and think she will be fine...

[thaicbr]

Surely you speak American! Is it not simply enough to call them or send them an email?

Also while you are at it why don't you ask if the interview can be done in the States as that's where you are.. seems dumb that they make you fly back to Thailand.

[kdc1899]

I don't get it. I was told that since me and Thai wife have been married for more than two years she would have her green card immediately after the visa process was finished. Sounds like the OP has been married over ten years. Why does his wife not have a green card?

[Skytrain2hell]

It's a long story as to why she has to do it back in Thailand. Calling and trying to get through to someone who has the answer in the US govt is worse than trying to call Verizon for a customer support question.

KDC, I've never heard of a 2 year auto-green card before. Please let me know more. We've been married for 2-3 years. She got her 10 year non-immigrant a few years before we got married.

Anyway, we've decided to bite the bullet and head back to Thailand the day before her stamp expires to wait it out over there. She should be getting her interview date this week.

BTW, one has to apply for a US stamp extension 2 months prior to the stamp expiring. We were already a month past that date, so that wasn't an option.

[bangkokburning]

Hey - I am curious...is this her first trip back to USA as married and what was the intake process like? I have seen warnings not to marry and make the trip as it will be (mis)construed that you are emmigrating.

Anyway - I would NOT overstay - not. Get your congressman involved would be my advice. I would also do a walk-in to your "local" immigration/uscis office and see if you can get it sorted.

Don't overstay - its just an excuse to beat you with later.

[Hawaiian]

Agree with bangkokburning. Most congressmen are good at cutting redtape and getting positive results.

[AlexDorneles]

You can ask for an extension of her I-94, it is easy to do it. Don't let her overstay the visa. If someone overstays their visa in the US for less than 6 months they get banned from entering for 3 years and if you overstay for more than 6 months it is a 10yr ban. But don't worry marriage is the only thing that will cancel the ban but none the less it will get more complicated.

She will get a green card valid for 2 years after the first interview, then 2 years later there will be another interview and they will issue a 4 year green card. After 4 years of marriage/ green card she can apply for citizenship and not have to deal w/ immigration anymore.

You can probably go to this forum and ask how to do it if you don't want to hire an immigration lawyer:

http://forums.immigration.com/

Edited February 22, 2012 by AlexDorneles