How To Get Thai Wife To The Usa?

[TyGrr]

Hi, My wife and I were just legally married in Thailand and we would like to go to the USA for a while to have a religious wedding ceremony and meet the family. I might want to stay there a while if I can get decent work. It seems to get her residency I need to get a K visa and this will take 8 months? If I want to go faster we can do a tourist visa but how long can she stay? Once she is there can she extend? My family has significant assets in the USA and could employ my wife and myself if this is helpful. We do not have a whole lot that would make them think that she has any need to return to Thailand and from what I understand that is key for a tourist visa. Any ideas on what to do? I really do not want to wait 8 months to go back home. My grandparents are getting up there in age and want them to get some time with my child.

Thanks.

[Thanyaburi Mac]

First off, have you reviewed all the information on the U.S. Embassy's www site here:

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

Please note that if you've been living here in Thailand for at least six (6) months, you may be able to file the Immigrant Visa petition here with the U.S. CIS rather than having to send it back to the States for initial processing. This considerably speeds up the process.

Mac

[TyGrr]

Interesting. I have been in Thailand mostly for 7 years now so I would guess this would be helpful. So it seems I need to file a I-12F9, a K3 and a G-1145. Anything else would be helpful? How soon should I wait after we are legally married? We have been living together for over 2 years. How long will this whole process take?

Also if we just want to visit the USA what is the max amount of time she can stay and what are the odds she will get the visa if she has no real need to return?

Also would it be helpful if a company employed her and we tried to go that way?

Thanks.

[CWMcMurray]

You may want to check out visajourney.com iris web forum all about the us visa process

Mod Edit: the url has a virus. I've used visajorney.com extensively in the past. Excellent site. Highly recommended. I did everything on my own and did not use any lawyers.

Edited April 12, 2012 by craigt3365
removed url with virus

[TyGrr]

"In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition"

What does legally established mean?

I have been in Thailand for 7 years and have been working for the last few years here. However I will soon quit working as I wait to go back to the usa. Thanks.

[Shot]

If she does make it there on a tourist visa, and you get married, it will change the status of the tourist visa. I don’t recall what happens exactly, but once the marriage is legal, I believe the tourist status is revoked. Definetly something you would want to check on.

[TyGrr]

If she does make it there on a tourist visa, and you get married, it will change the status of the tourist visa. I don’t recall what happens exactly, but once the marriage is legal, I believe the tourist status is revoked. Definetly something you would want to check on.

We are already married legaly. Thanks.

[Shot]

If she does make it there on a tourist visa, and you get married, it will change the status of the tourist visa. I don’t recall what happens exactly, but once the marriage is legal, I believe the tourist status is revoked. Definetly something you would want to check on.

We are already married legaly. Thanks.

Yes, but you are legaly married in Thailand, not the US. Big difference. Trust me on this, I had a long talk with the Thai consulate about this very same thing. It will change the status of the visa.

[TyGrr]

I was under the impression that a marrage in Thailand was legal in the USA? What is the differance?

[TyGrr]

There is a visa service company my wife knows about offering to help for 20,000 baht for a tourist visa and 26,000 for a marriage visa. This seems low as a website said the costs for doing it directly at the Embassy myself will cost above $900. Is this a scam?

Thanks.

[Shot]

Sorry, but I don’t remember all the details. I just remember her saying (the consulate) that it can get very confusing, and it can cause some problems down the road if she decides to immigrate. It had something to do with your intensions vs. what the application says. She went on to say that if she returns home, she may have a difficult time returning. Might be worth consulting an immigration lawyer.

As far as the services are concerned. Those fees are probably just their fees, not the fees paid to the embassy, or immigration which would be added to the quote you are getting.

　

[KeyserSoze01]

I was under the impression that a marrage in Thailand was legal in the USA? What is the differance?

It is legal in the US. The point is that she is now your wife and the proper method is to file for a K3 spousal visa. This requires filing the necessary forms and waiting until the consulate contacts you for interviews. Once the interview process is complete and if approved, your wife can have the visa stamped in her passport within a few days. Processing time depending on backlog can be anywhere from one week to several months. Once she has a K3 visa and enters the US, she is eligible for US Residency and will no longer need the visa.

Once you are married you can apply for the visa at any time. The sooner the better in your case.

[craigt3365]

One post and a reply have been removed from view. As has a member.

Thank you for showing constraint in your reply. You did the right thing. Report this to us and let us take the appropriate action.

[thaihome]

"In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition"

What does legally established mean?

I have been in Thailand for 7 years and have been working for the last few years here. However I will soon quit working as I wait to go back to the usa. Thanks.

You will need to file the Form I-130, Petition for Alien Relative at the Bangkok USCIS office across the street from the US Consulate. Before you can submit the form they will require you prove your residency in Thailand. If you have been working and have Non Imm B extension you will qualify no problem. If you have been working on 90 day stays or other informal ways of staying, you will not qualify.

Once the petition is accepted, in a few weeks they will approve and forward to Consulate who will process it as usual with submittal of the packet 3 forms and an interview. If all goes well your wife will receive a either a Cr or IR visa depending on how long you have been married. If over 2 years it will be the IR visa and she will get a unrestricted green card after she enters the US, other wise it will be 2 year conditional green card which will have to converted to permanent after the 2 years.

The time line for doing it this can be a short a 3 or 4 months. How well and promptly you do the paperwork is the determining factor.

TH

Edited April 12, 2012 by thaihome

[craigt3365]

When I was going through this, I setup a meeting with the US consulate. And then communicated with them via email for the next several months. I was very happy with their service.

She can get a tourist visa, but has to show reason why she will return to Thailand. Owning property, long job history, children, etc. If not, a tourist visa is extremely difficult to get. No matter what financial resources you have. I was willing to put up big money to guarantee this, but no go.

There might be a company who has contacts that can help take care of this. My friend got his GF a visa late last year. But she is fairly hi so, masters, owns a condo, etc. I'll check with him on how he did it. My other friend tried with his GF and nope...didn't work. Not sure why, but everything needs to be in order or it's a no go.

visajourney.com is fantastic. Spend some time there and you will find the solution. Best of luck!!!!!

P.S. it took me 5 months to get the fiance visa....maybe closer to 6.

Edited April 12, 2012 by craigt3365

[TyGrr]

Thank you all for the many helpful posts.

I now have a better idea on what I need and want to do. I will do the fiance/spouce visa (K3) and the I-130 Form. I have a Non Imm B but this will end April 30th. We are not longer going to attempt the tourist visa. 4 to 5 months is acceptable.

We are legally married in Thailand. She has not yet changed her name to my last name in her home book. We ahve to go to her home provience to do that I ahve been told. I assume she need to do this and change her ID and get a Passport with her name before I do the I-130? Once I do the I-130 will it be okay to have my Non Imm B expire? I quit working becasue I will go home sooner or later and did not want to leave mid contract.

After the I-130 I can do the K-3? We have not been married 2 years. We have not been married 2 months! We however have been living together for 3 years.

So, is it reasonable to get all of this done if I jump on it? To file for the I-130 is there a wait? I'm somewhat worried now that quiting my job was not the thing to do.

Thanks.

[TyGrr]

i know it is songkran and all but i want to bump this to make sure my road map is right. i do not have much time left it seems!

thanks

[AaronLV]

Thank you all for the many helpful posts.

I now have a better idea on what I need and want to do. I will do the fiance/spouce visa (K3) and the I-130 Form. I have a Non Imm B but this will end April 30th. We are not longer going to attempt the tourist visa. 4 to 5 months is acceptable.

We are legally married in Thailand. She has not yet changed her name to my last name in her home book. We ahve to go to her home provience to do that I ahve been told. I assume she need to do this and change her ID and get a Passport with her name before I do the I-130? Once I do the I-130 will it be okay to have my Non Imm B expire? I quit working becasue I will go home sooner or later and did not want to leave mid contract.

After the I-130 I can do the K-3? We have not been married 2 years. We have not been married 2 months! We however have been living together for 3 years.

So, is it reasonable to get all of this done if I jump on it? To file for the I-130 is there a wait? I'm somewhat worried now that quiting my job was not the thing to do.

Thanks.

You will be better off doing the IR-1/CR-1 rather than a K3. With the IR-1/CR-1, she will have permanent residency, which allows her to work immediately. On a K3 she has 2 years in the US to apply for Adjustment of Status ($1000 fee) and also needs to apply for an EAD (Employment Authorization Document). The EAD can take between 1 and 3 months, AOS can take about 5 to 8 months.

As everyone else has mentioned visajourney is a great resource, and there is a Thailand regional forum also. There are several people on the forum that have gone through the IR1/CR1 process in Thailand.

You mention you have quit your job here in Thailand, you will need an income and/or assets to get the visa, the level of income must be 110% of the US poverty level for a family of 2.

Good luck.

[TyGrr]

Okay, so do the DCF IR-1 / CR-1.

http://www.visajourn...Immigrant_Visas This is a list of documents needed.

Can these be copies or do I need to have the orginals? She does not have access to her orginal birth certificat for example. If I need the orginals how can she get them done agian?

Thanks.

Come to think of it, I do not have my birth certificate! Can I have a copy faxed?

I have not paid taxes in the USA for a while as I have not lived or worked there. will this be an issue?

Will a bank blance of $17,000 in my USA bank account show I have enough money or will i need $21,000 since I have a child?

Edited April 13, 2012 by TyGrr

[Thanyaburi Mac]

Again, review the U.S. Embassy's url on Immigrant Visas, lots of good info there.

Regarding income, and submission of the Form I-134, you can ask relatives or friends to also submit the document using their income and assets to reinforce your case.

Do some Googling now over the holiday while the USCIS office on Wireless Road is closed.

Mac

[KimoMax]

We recently went thru the Tourist Visa process to the USA for my legal spouse. Your Legal Wife can have and travel to the USA on a B1/B2 Tourist Visa. However; she can not work, and the time allowed to visit will be decided for each entry by the US Immigration Officer on arrival in the USA. Many of the Tourist Visas now are good for 10 years and are M for Multiple entries. First she could try for a Tourist B1/B2 Tourist Visa and show that you are supporting her, the length of your marriage and supporting documents and time you have been together. The fact that you have spent considerable time in Thailand (copies of your Passport Pages with time in Thailand and any Visas you have for Thailand). Your Bank (recent) statements, especially if you have a joint Bank or your own personal Bank in the USA or Thailand. Any confirmation of the husband's Income like W-2 or tax statements. Your Spouse must be well aware that it is a Tourist Visa ONLY and that she Must return to Thailand at the end of her permitted stay. That is one of the Most Important things the Interviewer will want to know from your Spouse. That was the last question my spouse was asked was: "when your finish your time in the USA, then what will you do?". My spouse answered: "return to Thailand". Lastly, Do Not Lie on the application or at the interview. If she ever worked in entertainment industry, be sure to cover this with another sort of work etc. Like self employed. Yes, having a Thai Id with the husband's surmane and a Passport with same will look good and help. Also any previous marriages or live together past relationships (especially if recorded on her House Books) should be proven to be terminated. Supporting evidence like letters from her parents friends etc can help with proving these things. After the Tourist Visa, then she can apply for a Spousal visa if you so desire for her to live in the States and to work. Good luck, it is not as bad as many people make it out to be. But the Tourist Visa process takes about 2 months.

edited for spelling and grammar

Edited April 13, 2012 by KimoMax

[jboras]

I was under the impression that a marrage in Thailand was legal in the USA? What is the differance?

A legally registered marriage in Thailand in recognised as a legal marriage world-wide.

A divorce in Thailand is not recognised world wide it must be endorsed by a Country that is party to the Hague Treaty of which Thailand is not. (Where property and children are involved).

Edited April 15, 2012 by jboras

[spacemand]

I was under the impression that a marrage in Thailand was legal in the USA? What is the differance?

A legally registered marriage in Thailand in recognised as a legal marriage world-wide.

A divorce in Thailand is not recognised world wide it must be endorsed by a Country that is party to the Hague Treaty of which Thailand is not. (Where property and children are involved).

Yes but you might have to register it in your home country before they recognize it, in the eyes of Denmark I were single until I registered the marriage myself, my wife could have shown the marriage certificate at the Danish embassy when applying for a visa but it would not have counted as her being married to me if I had not registered the marriage in Denmark.

[BigJohnnyBKK]

Make sure you keep a completely consistent story in your interactions with the embassy/immigration etc. Don't bother trying to get "advice" from the embassy, you need to have all your ducks in a row when she finally gets her interview - know exactly what path you're going to take before you start the conversation with them.

The tourist visa is quicker, the marriage one takes longer you can do either, but you **cannot** say, "we're going as tourists but might change our mind and stay". You are in fact within your rights to **do** that, but **saying** so will result in being denied a tourist visa and having to wait for the marriage paperwork.

So if you are in a hurry, do the tourist route, but be 100% clear and consistent that you will be returning to Thailand.

Once you are there, if your circumstances change and you decide you'd like to stay, you can then approach immigration on that basis, being completely honest and expressing willingness if necessary for your wife to exit and re-apply from outside. However I'm "pretty sure" that won't be necessary, as long as they believe you had no intention to deceive.

If you aren't in a hurry, and think it likely you will want to stay, then go the marriage visa route. If you get a decent agency here that would be helpful, but obviously costs money. Same with an immigration lawyer stateside.

[BigJohnnyBKK]

I was under the impression that a marrage in Thailand was legal in the USA? What is the differance?

A legally registered marriage in Thailand in recognised as a legal marriage world-wide.

A divorce in Thailand is not recognised world wide it must be endorsed by a Country that is party to the Hague Treaty of which Thailand is not. (Where property and children are involved).

Yes but you might have to register it in your home country before they recognize it, in the eyes of Denmark I were single until I registered the marriage myself, my wife could have shown the marriage certificate at the Danish embassy when applying for a visa but it would not have counted as her being married to me if I had not registered the marriage in Denmark.

Such laws vary from one country to the next and is not true for the US. You do need a certified translation of your marriage certificate, but that is fully recognized in and of itself under US law. There is no American federal government "marriage registration", and performing another civil wedding under state laws would be redundant.

[how241]

Good luck. Not so easy to do but don't give up.

[jboras]

I was under the impression that a marrage in Thailand was legal in the USA? What is the differance?

A legally registered marriage in Thailand in recognised as a legal marriage world-wide.

A divorce in Thailand is not recognised world wide it must be endorsed by a Country that is party to the Hague Treaty of which Thailand is not. (Where property and children are involved).

Yes but you might have to register it in your home country before they recognize it, in the eyes of Denmark I were single until I registered the marriage myself, my wife could have shown the marriage certificate at the Danish embassy when applying for a visa but it would not have counted as her being married to me if I had not registered the marriage in Denmark.

Agree with you. When we visited Greece (Europe, I think they are still in it) we had to send the marriage certificate back to Thailand to get The Hague Stamp on it to make sure it was duly endorsed with the Greek Embassy in Bangkok. Cost E100 as well fo the stamp! If I recall (going back 7 years now) there was a special translation also required for the embassy to sight.

[7by7]

Different countries have different requirements.

For example, the UK accepts the original Thai marriage certificate issued by the ampur; although a translation is also a good idea. The translation does need to be certified, but only as correct by the person who translated it; no MFA or other stamp is required.

However, if applying for a Schengen visa then the translation does need to be certified by the MFA!

Moral; check with the country concerned to find out what their requirements are.

[craigt3365]

Make sure you keep a completely consistent story in your interactions with the embassy/immigration etc. Don't bother trying to get "advice" from the embassy, you need to have all your ducks in a row when she finally gets her interview - know exactly what path you're going to take before you start the conversation with them.

The tourist visa is quicker, the marriage one takes longer you can do either, but you **cannot** say, "we're going as tourists but might change our mind and stay". You are in fact within your rights to **do** that, but **saying** so will result in being denied a tourist visa and having to wait for the marriage paperwork.

So if you are in a hurry, do the tourist route, but be 100% clear and consistent that you will be returning to Thailand.

Once you are there, if your circumstances change and you decide you'd like to stay, you can then approach immigration on that basis, being completely honest and expressing willingness if necessary for your wife to exit and re-apply from outside. However I'm "pretty sure" that won't be necessary, as long as they believe you had no intention to deceive.

If you aren't in a hurry, and think it likely you will want to stay, then go the marriage visa route. If you get a decent agency here that would be helpful, but obviously costs money. Same with an immigration lawyer stateside.

Sorry to contradict you, but arriving in the US on a tourist visa and then deciding to stay is a HUGE mistake. My cousin just went through this with his wife, from Slovakia. She married him and had a baby with him, overstayed her visa, tried to get it fixed and after a year or more of fighting it, and big money to laywers, was deported. Be on the up and up. If you want to stay, make sure you have the right visa. You can't just change your mind and decide to stay. FYI....

[flying]

Big Johnny has it right

*If* you are successful in getting a tourist visa she will be allowed 6 months stay most likely in the US

*If* you had no prior plan to do so.........& after your in the US you can legally change your mind & adjust her status.

It costs roughly another $1000 USD over what a normal K1-K3 costs to do so. But it is legal & not visa fraud

PS: Just saw Craigs post............The difference in his cousins case is the overstay.

Once you are illegal there is no recourse.

You must start the adjustment of Status before your 6 month stay expires.

They will take the arrival card & suspend your need to leave while you are in the process of adjustment of status.

I will add that it is not shorter than a K1-K3 but at least the time is spent together.

Edited April 16, 2012 by flying