Ir1 Visa For Spouse

[wally1k]

Hi

I am a US resident and have been married to a Thai national for 6 months and we have been partnered with her for 5 years.

We want to live in the states for a bit

I would like to get her a IR1 resident permit which includes a green card. I know this takes some time.

Just wanted get some info on this matter. I have heard the wait time is shorter if you apply to the USCIS office in Bangkok (Form I 130)

Some say about 7 months or less. Is this the best way to go?

I will only be here in Thailand for 6 more weeks and then will leave for the US and establish residence. I am not sure if filing the form here and

then continuing the process in the states is possible given my situation?

My wife will join me later - She has a tourist visa currently. This will allow her to come to the states for 6 months

At the end of the documentation line there is an interview. Must both of us return to Thailand for this interview or just my wife??

I have written Bangkok Immigration but no reply so far

Requirements I am aware of are - please correct me or add any you are aware of

Must have a stateside residence... (Could I use a friends address so I can apply before I leave for the states or is this illegal)

Must have income 125% of poverty for USA. I do not have this but I do have a bank account in the US with appropriate funds.

I don't wish to use a sponsor.

Must register marriage license with the American Consulate in Chiang Mai.

Must prove you have been a resident of Thailand for at least 6 months ( I have been here on a retirement visa good till Sept 15th 2012)

Thanks for taking the time.. I will continue to google my questions

W

PS

I would like to do the paper work myself but would like a good immigration lawyer to look it over before I send it in

Does anyone know of someone they could recommend. Personal mail ok

[BigJohnnyBKK]

I have direct experience with the first part of this process, to the point where my wife (at the time of 18 months) got a 10-year multiple-entry tourist visa to facilitate holidays there as well as longer-term visits to my family.

We showed joint bank accounts, leases and time-stamped photographs going back to the early stages of our relationship to satisfy them our relationship was genuine. We also had one infant child together at that point which probably helped.

It took a while to get the appointment, but once in, the interview lasted all of three minutes and she left with the visa in her passport immediately.

My impression was that they rely on the intuition and common-sense of the interviewing officer. The fact that I was more than twice her age and she had very little education and work history (didn't finish vocational tertiary, three months in a factory) apparently wasn't an issue. Once you've established good faith by coming and going without any problems, then they are much less suspicious.

I would think this approach would be much easier than going for the green card eligible status immediately, but of course if you've already signaled that as your intention you need to stay consistent. Once your marriage has been recognized as legitimate and you're actually in country together, you of course have the right to change your mind and decide to stay, although I suppose they may require going out and coming back, with perhaps some time separated if required by your work circumstances.

There are of course agencies with much deeper and broad experience in this, an initial consultation shouldn't be too expensive.

[hellodolly]

I have direct experience with the first part of this process, to the point where my wife (at the time of 18 months) got a 10-year multiple-entry tourist visa to facilitate holidays there as well as longer-term visits to my family.

We showed joint bank accounts, leases and time-stamped photographs going back to the early stages of our relationship to satisfy them our relationship was genuine. We also had one infant child together at that point which probably helped.

It took a while to get the appointment, but once in, the interview lasted all of three minutes and she left with the visa in her passport immediately.

My impression was that they rely on the intuition and common-sense of the interviewing officer. The fact that I was more than twice her age and she had very little education and work history (didn't finish vocational tertiary, three months in a factory) apparently wasn't an issue. Once you've established good faith by coming and going without any problems, then they are much less suspicious.

I would think this approach would be much easier than going for the green card eligible status immediately, but of course if you've already signaled that as your intention you need to stay consistent. Once your marriage has been recognized as legitimate and you're actually in country together, you of course have the right to change your mind and decide to stay, although I suppose they may require going out and coming back, with perhaps some time separated if required by your work circumstances.

There are of course agencies with much deeper and broad experience in this, an initial consultation shouldn't be too expensive.

Did you do that in Chiang Mai or Bangkok?

I know one fellow who is having a devil of a time He said a lawyer told him he could do it no problem for 60,000 baht.

To be honest he is a little on in years and keeps getting green cards mixed up with tourist visas and marriage visas. The ten year visa seems to be the way to go and then take it from over there. Just a thought.

Edited March 15, 2012 by hellodolly

[prism]

The OP wants an immigrant visa for his spouse, that only can be done in Bangkok. I doubt if you can get that visa within 6 weeks. Remember that a tourist visa only allows you to stay up to 6 months at a time. If you can't prove domicile in the U.S. you might be able to use a relative in the U.S. as a (co)sponser.

I would use a lawyer near the U.S. Embassy in Bangkok then one in CM. No need to spend much more then 50,000 baht with a gaurantee.

[BigJohnnyBKK]

Did you do that in Chiang Mai or Bangkok?

BKK of course, don't think it's even possible in CM is it?

The ten year visa seems to be the way to go and then take it from over there. Just a thought.

Yes. I think establishing the genuine relationship, reliability in coming and going without skipping out etc are key. Don't put the focus on the green card at the beginning IMO, that's cart before the horse.

Once you've established the right to stay in the US the green card will follow naturally.

[AaronLV]

I am a US resident and have been married to a Thai national for 6 months and we have been partnered with her for 5 years.

We want to live in the states for a bit

I would like to get her a IR1 resident permit which includes a green card. I know this takes some time.

You will need to apply for a CR1 which is a Conditional Resident since you have been married less than 2 years. After 2 years in the US, you will apply for Removal of conditions and she can get a 10 year Green Card.

Just wanted get some info on this matter. I have heard the wait time is shorter if you apply to the USCIS office in Bangkok (Form I 130)

Some say about 7 months or less. Is this the best way to go?

If you file DCF you it takes about 60 days. As long as you have been living here for at least 6 months you will qualify. The CR/IR visa takes about 8 to 12 months.

Must have income 125% of poverty for USA. I do not have this but I do have a bank account in the US with appropriate funds.

You will need 5 times the assets (94,560.00). You can use a mixture of income and assets to reach this level. BKK embasy is very hard on the financial requirement. Also BKK rarely accepts a co-sponsor for the financial I-864.

Don't put the focus on the green card at the beginning IMO, that's cart before the horse.

Once you've established the right to stay in the US the green card will follow naturally.

You get a green card immediately with the CR/IR visa. If you travel to the US on a tourist Visa and then file for Adjustment of Status (to get the green card), it can be construed as fraud, and you will have extra hoops to jump through to get the green card, and has a higher probability of being denied the green card and visa revoked. The AOS takes about 5 to 6 months and during that time you cannot leave the country. If the interviewer has any indication that you had planned to immigrate to the states on the tourist visa they will deny you. With all the immigration reform going on right now in the states why risk it. It is about the same time to do the CR/IR as the AOS.

If you do file the CR/IR and then she travels to see you on the tourist visa you will want to make sure she has documentation with her that she will return to Thailand, and not stay in the states. She will be in the system as filing a CR/IR and they will question her about returning. Visa's are not guaranteed entry to the US, the CBP has the final say and can and have turned people away that have tourist visas.

You can do the paperwork yourself, you just have to be meticulous in filing it out. However if you want to use a Lawyer, I would recommend Siam Legal, we did a K1 with them, and they did a good job, and I have refereed a few friends to them and they had good experiences also. After going through the process I would have skipped using the lawyer, but at the time I was a bit intimidated by the forms.

[BarnicaleBob]

One important thing to remember, do not provide false information or tell any lies in your application. If they find you have done so it could result in your wife being black-balled from being granted any kind of visa.

[hellodolly]

Did you do that in Chiang Mai or Bangkok?

BKK of course, don't think it's even possible in CM is it?

The ten year visa seems to be the way to go and then take it from over there. Just a thought.

Yes. I think establishing the genuine relationship, reliability in coming and going without skipping out etc are key. Don't put the focus on the green card at the beginning IMO, that's cart before the horse.

Once you've established the right to stay in the US the green card will follow naturally.

I know of several who have gotten visa's here in Chiang Mai. Don't know about the green card.