Has Anyone Here Petitioned His Thai Wife For An American Green Card?

[attrayant]

For some reason I was under the impression that I - the US citizen - had to be resident inside the USA to get my wife a GC. But poking around a few immigration attorney websites this seems to be totally wrong.

I've been married to her for a bit more than a year now. Can I march down to wireless road and start the process at my consulate?

[sirineou]

To be honest I don't know.

But it is not really a "Green card" it is some times referred as such because it used to be green in color, it no longer is.

It is Permanent Resident Card, and I don't see how anyone can get a permanent resident card with out being a resident.

But I could be wrong, as I said I don't really know,

[Mrjlh]

I will need to do what you are asking in the next year or so, You need to apply using forms I-129 and I-130. (look up instructions) It's expensive and complicated and takes a long time. Make one mistake on the forms or the process you start over. Big pain in the arse but worth it in the end. You can reside anywhere but be aware you need to reside in the US for 2 years with her for her to get the Resident card which leads to citizenship. 5 years for Social Security benies.

Because I don't know all the rules of the process I will be going through a lawyer later. More expensive but why take chances on such an important step. Lots of little details and it is getting harder not thanks to the illegals in the country.

[NeverSure]

A bit off topic, but many men from many countries have strongly regretted doing that. If something goes wrong, do you want her to have access to the US courts and to your US assets? The laws are a lot more difficult on an ex husband in the states on things like child and spousal support. I know men who are flat broke in the US from paying those two things to an ex US wife. That's not to mention giving her half of your pension under many circumstances.

A green card might be called a gold card.

I would look into all of that before I even thought of taking her to the US.

Rant over. Carry on....

[daboyz1]

A few things.

1. You don't file both I-130 and I-129F for a marriage visa any longer. That used to be the process for petitioning for a K-3 visa. That visa is pretty much dead nowadays because NVC closes the I-129F at that stage. You just file the I-130 petition, and depending on how long you've been married that will will result in either a CR-1 or IR-1 visa. When entering the U.S., if you have been married over 2 years at that point, your spouse will get a green card that is valid for 10 years. If the spouse has been married less than 2 years, it will result in a 2 years green card.

2. If you petition for the visa while living in Thailand. It's called "Direct Consular Filing" DCF for short. However, you must prove that you have resided in Thailand for at least 6 months. This is generally the quickest way to go. Usually they'll accept a Non-O or B visa with the appropriate stamps as proof of 6 months residency in Thailand. Recently they have made some changes in certain countries concerning this process and where to file the I-130 etc. I'm not sure if you can still file the I-130 directly with USCIS in Thailand or not at this point. The USCIS office is actually across Wireless rd. from the embassy. More than likely you will need to file it with a USCIS filing location in the U.S.

Here is the link for the USCIS office in Bangkok.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6cee39d112b72310VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

I wish I had known about the DCF option when I lived in Thailand. I have seen these cases go from start to finish in as little as 30 days. In my case I filed form the U.S. and it took a year from start to finish.

ETA: Looks like they have an email address on that page. I'd send them an email and ask them.

Edited March 10, 2013 by daboyz1

[rucus7]

As of two weeks ago, you could still use the Bangkok USCIS office for direct filing. I spoke with them on the phone. I am considering the same move back. From everything I have read it greatly expedites the whole process.

[daboyz1]

I found this on the USCIS website:

Principal Themes

Form I-130, Petition for Alien Relative Procedural Changes

On May 17, 2011, USCIS published a rule in the Federal Register
removing regulatory restrictions on where a Form I-130 may be filed.
See 76 Fed Reg 95 (17 May 2011), pp. 28303-28305 The rule requires
that all petitioners, no matter whether they live in the United States
or overseas, file a Form I-130 according to the form instructions. See
new 8 CFR 204.1(. This change will become effective on August 15,
2011. USCIS will amend the form instructions for Form I-130 concurrently
with this rulemaking to provide the option of either mailing the
petition to the USCIS Chicago Lockbox, or filing at the USCIS
international office if the petitioner resides in a country where USCIS
has an office. Stakeholders inquired as to whether there would be any
additional costs with the change in filing location for the Form I-130,
which will not be the case. Additionally, petitioners requested
information on the processing time for the Form I-130 if it is to be
filed at an overseas office versus at the lockbox. Representatives from
USCIS International Operations indicated that the processing times for
overseas offices will depend on their work load and for cases filed at a
Lockbox, it is yet to be determined what the processing times will
be.

Source:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2565618036c40310VgnVCM100000082ca60aRCRD

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I still can't seem to find a list that explains which countries are still eligible. I saw it last year, but can't find it.