Fiance Visa to USA ?..Need advice!

[bikerlou47]

I have lived here almost 10 years, and during that time I have lived with my girlfriend.

Now the time has come when we are seriously considering moving back to the USA.

She has a 10 year tourist visa and has been to the U.S. many times.

Not sure which route would be the easiest to follow...

Should I marry here?

Should I get a fiance visa and marry in the U.S.?

Should we visit the U.S. and marry during our visit?

Thanks for your help.

[craigt3365]

Not sure what the current situation is, but I'd recommend contacting the embassy here and seeing what they have to say. When I went through this 10 years ago, they were adamant to go the fiance route. They were great in responding to my email requests and met them in person a few times for guidance.

[daboyz1]

Not sure how you feel about getting married, but that is the best route IMO. It gives you options that you don't have with a fiance visa.

Getting married allows you to file DCF (Direct Consular FIling) which means that you can do all the paperwork in Thailand. Also, the processing is only a few months vs. 6-12 if yo do it from the U.S. She will get a CR-1 visa which will result in a 2 year green card about 1 months after arrival in the U.S. This means she will be able to work and drive immediately upon arrival in the U.S. (After getting a job and a drivers license of course) You can not use direct consular filing for a K-1 (fiancee) visa. You will need to file from the U.S. or have U.S. domicile.

I wish I had asked someone this question back in 2007 when I left Thailand. I was married and it took 1 year to get my wife to the U.S. If I had known about DCF, I could have done it in about 2 months, and not have been separated from my wife for a year.

[craigt3365]

Not sure how you feel about getting married, but that is the best route IMO. It gives you options that you don't have with a fiance visa.

Getting married allows you to file DCF (Direct Consular FIling) which means that you can do all the paperwork in Thailand. Also, the processing is only a few months vs. 6-12 if yo do it from the U.S. She will get a CR-1 visa which will result in a 2 year green card about 1 months after arrival in the U.S. This means she will be able to work and drive immediately upon arrival in the U.S. (After getting a job and a drivers license of course) You can not use direct consular filing for a K-1 (fiancee) visa. You will need to file from the U.S. or have U.S. domicile.

I wish I had asked someone this question back in 2007 when I left Thailand. I was married and it took 1 year to get my wife to the U.S. If I had known about DCF, I could have done it in about 2 months, and not have been separated from my wife for a year.

I heard the rules on this changed recently. My recommendation is to contact the embassy here and see what they have to say. Not sure how it works now, but I went in and met somebody who helped me get started on this. I couldn't do DCF and was advised, at that time, the fiance visa was the quickest route to go...by a significant amount of time. My wife got her visa approved in about 4 months. After arrival in the US, she became a citizen in 3 years.

[daboyz1]

Not sure how you feel about getting married, but that is the best route IMO. It gives you options that you don't have with a fiance visa.

Getting married allows you to file DCF (Direct Consular FIling) which means that you can do all the paperwork in Thailand. Also, the processing is only a few months vs. 6-12 if yo do it from the U.S. She will get a CR-1 visa which will result in a 2 year green card about 1 months after arrival in the U.S. This means she will be able to work and drive immediately upon arrival in the U.S. (After getting a job and a drivers license of course) You can not use direct consular filing for a K-1 (fiancee) visa. You will need to file from the U.S. or have U.S. domicile.

I wish I had asked someone this question back in 2007 when I left Thailand. I was married and it took 1 year to get my wife to the U.S. If I had known about DCF, I could have done it in about 2 months, and not have been separated from my wife for a year.

I heard the rules on this changed recently. My recommendation is to contact the embassy here and see what they have to say. Not sure how it works now, but I went in and met somebody who helped me get started on this. I couldn't do DCF and was advised, at that time, the fiance visa was the quickest route to go...by a significant amount of time. My wife got her visa approved in about 4 months. After arrival in the US, she became a citizen in 3 years.

You couldn't do DCF because you were not married. You can't use DCF for a fiancee visa. In general you will need to show 6 months residence in Thailand with a valid visa. A bunch of strung together tourist visas wont do. Generally a Non-O or Non-B should be fine. Not sure when you went through the process, but years ago (early to mid 2000s) immigrant visas were taking years to get approved due to the NVC process. That issue has since been resolved. Actually, since the NVC has streamlined the process, the K-3 visa is pretty much done for. So that one should not even be considered, although it may show up in places as a valid path, it is obsolete.

From the Bangkok U.S. Embassy website:

In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the USCIS office in Bangkok. The general inquiry email box for USCIS Bangkok is [email protected]. To access USCIS forms, click here

Source:

http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html

[craigt3365]

Not sure how you feel about getting married, but that is the best route IMO. It gives you options that you don't have with a fiance visa.

Getting married allows you to file DCF (Direct Consular FIling) which means that you can do all the paperwork in Thailand. Also, the processing is only a few months vs. 6-12 if yo do it from the U.S. She will get a CR-1 visa which will result in a 2 year green card about 1 months after arrival in the U.S. This means she will be able to work and drive immediately upon arrival in the U.S. (After getting a job and a drivers license of course) You can not use direct consular filing for a K-1 (fiancee) visa. You will need to file from the U.S. or have U.S. domicile.

I wish I had asked someone this question back in 2007 when I left Thailand. I was married and it took 1 year to get my wife to the U.S. If I had known about DCF, I could have done it in about 2 months, and not have been separated from my wife for a year.

I heard the rules on this changed recently. My recommendation is to contact the embassy here and see what they have to say. Not sure how it works now, but I went in and met somebody who helped me get started on this. I couldn't do DCF and was advised, at that time, the fiance visa was the quickest route to go...by a significant amount of time. My wife got her visa approved in about 4 months. After arrival in the US, she became a citizen in 3 years.

You couldn't do DCF because you were not married. You can't use DCF for a fiancee visa. In general you will need to show 6 months residence in Thailand with a valid visa. A bunch of strung together tourist visas wont do. Generally a Non-O or Non-B should be fine. Not sure when you went through the process, but years ago (early to mid 2000s) immigrant visas were taking years to get approved due to the NVC process. That issue has since been resolved. Actually, since the NVC has streamlined the process, the K-3 visa is pretty much done for. So that one should not even be considered, although it may show up in places as a valid path, it is obsolete.

From the Bangkok U.S. Embassy website:

In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the USCIS office in Bangkok. The general inquiry email box for USCIS Bangkok is [email protected]. To access USCIS forms, click here

Source:

http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html

You're missing my point. I'm saying he should contact the embassy to see what the current situation is. As you know, it changes on a regular basis. I can't find the page now, but it says the process was changed about a year ago. But not sure what that means.

I did this in 2004 and without DCF it took us 4 months to get her fiance visa. Again, things change....

[daboyz1]

Not sure how you feel about getting married, but that is the best route IMO. It gives you options that you don't have with a fiance visa.

Getting married allows you to file DCF (Direct Consular FIling) which means that you can do all the paperwork in Thailand. Also, the processing is only a few months vs. 6-12 if yo do it from the U.S. She will get a CR-1 visa which will result in a 2 year green card about 1 months after arrival in the U.S. This means she will be able to work and drive immediately upon arrival in the U.S. (After getting a job and a drivers license of course) You can not use direct consular filing for a K-1 (fiancee) visa. You will need to file from the U.S. or have U.S. domicile.

I wish I had asked someone this question back in 2007 when I left Thailand. I was married and it took 1 year to get my wife to the U.S. If I had known about DCF, I could have done it in about 2 months, and not have been separated from my wife for a year.

I heard the rules on this changed recently. My recommendation is to contact the embassy here and see what they have to say. Not sure how it works now, but I went in and met somebody who helped me get started on this. I couldn't do DCF and was advised, at that time, the fiance visa was the quickest route to go...by a significant amount of time. My wife got her visa approved in about 4 months. After arrival in the US, she became a citizen in 3 years.

You couldn't do DCF because you were not married. You can't use DCF for a fiancee visa. In general you will need to show 6 months residence in Thailand with a valid visa. A bunch of strung together tourist visas wont do. Generally a Non-O or Non-B should be fine. Not sure when you went through the process, but years ago (early to mid 2000s) immigrant visas were taking years to get approved due to the NVC process. That issue has since been resolved. Actually, since the NVC has streamlined the process, the K-3 visa is pretty much done for. So that one should not even be considered, although it may show up in places as a valid path, it is obsolete.

From the Bangkok U.S. Embassy website:

In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the USCIS office in Bangkok. The general inquiry email box for USCIS Bangkok is [email protected]. To access USCIS forms, click here

Source:

http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html

You're missing my point. I'm saying he should contact the embassy to see what the current situation is. As you know, it changes on a regular basis. I can't find the page now, but it says the process was changed about a year ago. But not sure what that means.

I did this in 2004 and without DCF it took us 4 months to get her fiance visa. Again, things change....

Sorry to say it, but the embassy is pretty much clueless when it comes to this. Keep in mind they are only involved in the very last step of the process. The embassy issues visas. They don't know anything about petitions or how USCIS operates. They are two totally different agencies run by two totally separate parts of the U.S govt. USCIS is run by Dept. of Homeland Security, the Embassy is run by Dept. of State. I suppose the embassy could give you advice about what happens when the petition reaches them, but there are many things that must take place with USCIS before that happens.

ETA: I'm very familiar with how this process currently works. I follow it on a daily basis.

Edited June 25, 2013 by daboyz1

[Thanyaburi Mac]

So, email the CIS office down there on Wireless Road:

http://bangkok.usembassy.gov/embassy/usgmain/uscis.html

Contact Information

U.S. Citizenship and Immigration Services

Address: Sindhorn Building

Tower 2, 15th Floor

130-132 Wireless Road

Bangkok 10330, THAILAND

Tel.: 02-205-5352/5382 (within Thailand)

Tel.: 011-662-205-5352 (from the United States)

Email:

BKKCIS.Inquiries

@dhs.gov

The Bangkok Office is located next door to the U.S. Embassy, Tower 2, 15th Floor, Sindhorn Tower Building. Pay parking and access for individuals with special needs is available.

The office is open to the public Monday through Friday from 8:30 am to 12:00 noon. We are closed on Thai and American holidays.

xxxxxxxxxxx

Mac

[bangkokburning]

Not sure how you feel about getting married, but that is the best route IMO. It gives you options that you don't have with a fiance visa.

Getting married allows you to file DCF (Direct Consular FIling) which means that you can do all the paperwork in Thailand. Also, the processing is only a few months vs. 6-12 if yo do it from the U.S. She will get a CR-1 visa which will result in a 2 year green card about 1 months after arrival in the U.S. This means she will be able to work and drive immediately upon arrival in the U.S. (After getting a job and a drivers license of course) You can not use direct consular filing for a K-1 (fiancee) visa. You will need to file from the U.S. or have U.S. domicile.

I wish I had asked someone this question back in 2007 when I left Thailand. I was married and it took 1 year to get my wife to the U.S. If I had known about DCF, I could have done it in about 2 months, and not have been separated from my wife for a year.

I heard the rules on this changed recently. My recommendation is to contact the embassy here and see what they have to say. Not sure how it works now, but I went in and met somebody who helped me get started on this. I couldn't do DCF and was advised, at that time, the fiance visa was the quickest route to go...by a significant amount of time. My wife got her visa approved in about 4 months. After arrival in the US, she became a citizen in 3 years.

You couldn't do DCF because you were not married. You can't use DCF for a fiancee visa. In general you will need to show 6 months residence in Thailand with a valid visa. A bunch of strung together tourist visas wont do. Generally a Non-O or Non-B should be fine. Not sure when you went through the process, but years ago (early to mid 2000s) immigrant visas were taking years to get approved due to the NVC process. That issue has since been resolved. Actually, since the NVC has streamlined the process, the K-3 visa is pretty much done for. So that one should not even be considered, although it may show up in places as a valid path, it is obsolete.

From the Bangkok U.S. Embassy website:

In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the USCIS office in Bangkok. The general inquiry email box for USCIS Bangkok is [email protected]. To access USCIS forms, click here

Source:

http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html

You're missing my point. I'm saying he should contact the embassy to see what the current situation is. As you know, it changes on a regular basis. I can't find the page now, but it says the process was changed about a year ago. But not sure what that means.

I did this in 2004 and without DCF it took us 4 months to get her fiance visa. Again, things change....

Craig - what changed?

The thing between the two is that you need to be on.a non-o and absolute minimum.six months to DCF. Then you need to be married really two years before you are eligible for the IR visa.

Its faster to go the fiance route if you have all your ducks in.a row. Its better to go the IR route if you can stay in Thailand three plus years.

I.wouldn't be contacting the embassy myself.

[daboyz1]

I heard the rules on this changed recently. My recommendation is to contact the embassy here and see what they have to say. Not sure how it works now, but I went in and met somebody who helped me get started on this. I couldn't do DCF and was advised, at that time, the fiance visa was the quickest route to go...by a significant amount of time. My wife got her visa approved in about 4 months. After arrival in the US, she became a citizen in 3 years.

You couldn't do DCF because you were not married. You can't use DCF for a fiancee visa. In general you will need to show 6 months residence in Thailand with a valid visa. A bunch of strung together tourist visas wont do. Generally a Non-O or Non-B should be fine. Not sure when you went through the process, but years ago (early to mid 2000s) immigrant visas were taking years to get approved due to the NVC process. That issue has since been resolved. Actually, since the NVC has streamlined the process, the K-3 visa is pretty much done for. So that one should not even be considered, although it may show up in places as a valid path, it is obsolete.

From the Bangkok U.S. Embassy website:

In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the USCIS office in Bangkok. The general inquiry email box for USCIS Bangkok is [email protected]. To access USCIS forms, click here

Source:

http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html

You're missing my point. I'm saying he should contact the embassy to see what the current situation is. As you know, it changes on a regular basis. I can't find the page now, but it says the process was changed about a year ago. But not sure what that means.

I did this in 2004 and without DCF it took us 4 months to get her fiance visa. Again, things change....

Craig - what changed?

The thing between the two is that you need to be on.a non-o and absolute minimum.six months to DCF. Then you need to be married really two years before you are eligible for the IR visa.

Its faster to go the fiance route if you have all your ducks in.a row. Its better to go the IR route if you can stay in Thailand three plus years.

I.wouldn't be contacting the embassy myself.

That's mostly true. The part about DCF and the 6 month residency requirement is true. The part about married 2 years for an IR-1 visa is somewhat true. To clarify, the ONLY difference between a CR-1 and IR-1 visa is how long you have been married. Also, in some cases people have been issued a CR-1 visa, but entered the U.S. after their 2 year wedding anniversary, which will result in a 10year green card, and no reason to remove conditions.

If you marry now, and meet the residency requirements for DCF, your spouse will get a CR-1 visa. There is absolutely no need to stay in Thailand for 3 years to get a CR-1 visa. The actual visa requirement is that you be married for 1 day. Of course you will be married a little longer than that. The DCF requirement is the 6 month residency requirement.

So, upon arrival in the US with the CR-1 visa (CR means conditional resident) after about a month your spouse will receive a 2 year green card. 3 months before the expiration date of that green card you will file form I-751 (removal of conditions on residency) This will result in a 10 year green card being issued to your spouse.

ETA: Just to clarify, CR-1 means 2 year green card after arrival, IR-1 means 10 year green card after arrival.

Edited June 26, 2013 by daboyz1

[craigt3365]

Sorry to say it, but the embassy is pretty much clueless when it comes to this. Keep in mind they are only involved in the very last step of the process. The embassy issues visas. They don't know anything about petitions or how USCIS operates. They are two totally different agencies run by two totally separate parts of the U.S govt. USCIS is run by Dept. of Homeland Security, the Embassy is run by Dept. of State. I suppose the embassy could give you advice about what happens when the petition reaches them, but there are many things that must take place with USCIS before that happens.

ETA: I'm very familiar with how this process currently works. I follow it on a daily basis.

My experience was exactly the opposite. I had 2 in person meetings with them and then communicated on a regular basis while I was going through the process. They replied promptly and professionally to all my email requests. So no, they were not involved in only the very last step.

Just my personal experience. They were far from clueless.

[craigt3365]

Craig - what changed?

The thing between the two is that you need to be on.a non-o and absolute minimum.six months to DCF. Then you need to be married really two years before you are eligible for the IR visa.

Its faster to go the fiance route if you have all your ducks in.a row. Its better to go the IR route if you can stay in Thailand three plus years.

I.wouldn't be contacting the embassy myself.

I'll be danged if I can find it. I searched before and found a website saying some process changes were implemented in 2012 regarding immigrant visas. I'll keep looking, but can't find it now! Who knows what impact they'll have, but as you know, these process do change from time to time.

[bikerlou47]

Thank you guys so much for your very helpful suggestions!

One other question please...

Have any of you used a service to apply for the fiance visa?

If so which one? and can you make a recommendation?

Or maybe some of you would recommend NOT using a service...thanks again

[craigt3365]

Thank you guys so much for your very helpful suggestions!

One other question please...

Have any of you used a service to apply for the fiance visa?

If so which one? and can you make a recommendation?

Or maybe some of you would recommend NOT using a service...thanks again

We met a lawyer here that offered to do everything required to get my wife her visa. It wasn't cheap. Luckily, wifey suggested we do it ourselves...err....I do it.

I used a website called visajourney. It's fantastic. Everything is laid out relatively well. Even has reports from people who are going through this and how long each processing center is taking.

If you don't mind doing the paperwork and have the time, it's really not that hard to do. Just make sure you do everything as stated in the directions and you'll be fine.

My friend just tried to get a tourist visa for his GF. He forget a few things and it was rejected. He's a busy guy and just doesn't have the time to do this, so he's hired somebody to help this time. Everything needs to be there...and then some.

It's a scary process...and we sweated it many times. But looking back, it really wasn't hard. But did take time researching the requirements and gathering all the docs.

The oath ceremony for her citizenship was quite moving. Amazing how many people cried and hugged each other. It was fantastic.

[ubonjoe]

I think you would be better off getting married here and then filing your I-130 here at the USCIS Bangkok field office. If you can prove that you have lived here for at least 6 months doing it this way would be must quicker and easier than going the fiance visa route.

From this webpage for the field office: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6cee39d112b72310VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

Form I-130

U.S. citizens residing in Thailand may file a Form I-130, Petition for Alien Relative, at the Bangkok District Office in person during normal business hours.

Webpage has contact info as well as other useful info.

[daboyz1]

Thank you guys so much for your very helpful suggestions!

One other question please...

Have any of you used a service to apply for the fiance visa?

If so which one? and can you make a recommendation?

Or maybe some of you would recommend NOT using a service...thanks again

We met a lawyer here that offered to do everything required to get my wife her visa. It wasn't cheap. Luckily, wifey suggested we do it ourselves...err....I do it.

I used a website called visajourney. It's fantastic. Everything is laid out relatively well. Even has reports from people who are going through this and how long each processing center is taking.

If you don't mind doing the paperwork and have the time, it's really not that hard to do. Just make sure you do everything as stated in the directions and you'll be fine.

My friend just tried to get a tourist visa for his GF. He forget a few things and it was rejected. He's a busy guy and just doesn't have the time to do this, so he's hired somebody to help this time. Everything needs to be there...and then some.

It's a scary process...and we sweated it many times. But looking back, it really wasn't hard. But did take time researching the requirements and gathering all the docs.

The oath ceremony for her citizenship was quite moving. Amazing how many people cried and hugged each other. It was fantastic.

Ditto. Another mistake I made in this process was hiring a lawyer. Simply by doing that, it took an additional 3 months to have my wife in the U.S. Keep in mind even if you use a lawyer, you still have to collect all the information and documents. The lawyer just fills out the forms and sends them in. The forms are fairly straighforward. I'd equate the difficulty with filing your taxes. The Visajourney webiste is definitely the place to go for all of this.

[huma79]

I'm currently in the exact same situation as you - around 10 years in Thailand living with g/f, and now getting ready to move back to the US with her. I highly recommend reading the Nolo Fiance & Marriage Visa book (http://www.amazon.com/Fiance-Marriage-Visas-Couples-Immigration/dp/1413317375 ) which has been very helpful so far in describing what to do step-by-step. According to their lawyers, either the Marriage or Fiance visa could be the way to go for you, depending on your needs. One thing they strongly do not recommend is going on a tourist visa and getting married on it, because this could cause issues down the road if she ever wants to get residency and USCIS decides to question her actual original intent for going to the US back when she got that tourist visa.

Good luck!

[daboyz1]

One thing they strongly do not recommend is going on a tourist visa and getting married on it, because this could cause issues down the road if she ever wants to get residency and USCIS decides to question her actual original intent for going to the US back when she got that tourist visa.

Good luck!

Agree with above. Alot of people do that and have no issues, but technically it is visa fraud. I wouldn't take the chance. I met with a couple a few years ago. She came to the U.S. from Thailand on a tourist visa. Their plan was to marry right after she arrived, and then file to adjust status. I advised them this was a bad idea as it would be seen as using a tourist visa with immigrant intent. They waited a couple months then got married and adjusted status. It all worked out for them, but as huma79 says, it's a big risk. It could result in a ban for material misrepresentation. Doesn't seem worth the risk to me.

Edited June 27, 2013 by daboyz1

[daboyz1]

I'm currently in the exact same situation as you - around 10 years in Thailand living with g/f, and now getting ready to move back to the US with her. I highly recommend reading the Nolo Fiance & Marriage Visa book (http://www.amazon.com/Fiance-Marriage-Visas-Couples-Immigration/dp/1413317375 ) which has been very helpful so far in describing what to do step-by-step. According to their lawyers, either the Marriage or Fiance visa could be the way to go for you, depending on your needs. One thing they strongly do not recommend is going on a tourist visa and getting married on it, because this could cause issues down the road if she ever wants to get residency and USCIS decides to question her actual original intent for going to the US back when she got that tourist visa.

Good luck!

I have to ask. Why aren't you getting married in Thailand and filing for DCF? It seems you meet the residency requirements. I realize everyone's situation is different.

[huma79]

I have to ask. Why aren't you getting married in Thailand and filing for DCF? It seems you meet the residency requirements. I realize everyone's situation is different.

I worked and lived in Thailand for around 7 years, but the past couple of years I technically have a job in the US (but it's IT, and for 90% of the job I can telecommute from anywhere). I needed to come back to the US this summer though for the past few months for work, so I'm filing while I'm here.

Edited June 27, 2013 by huma79

[daboyz1]

I have to ask. Why aren't you getting married in Thailand and filing for DCF? It seems you meet the residency requirements. I realize everyone's situation is different.

I worked and lived in Thailand for around 7 years, but the past couple of years I technically have a job in the US (but it's IT, and for 90% of the job I can telecommute from anywhere). I needed to come back to the US this summer though for the past few months for work, so I'm filing while I'm here.

Cool. I always feel obligated to ask that question because I wish I had known about it and gone that route. If you haven't already, check out visajourney. It's a good website with alot of good information. Especially for K-1 visas.

[bikerlou47]

Additional Question?

If we go with a K1 visa, fly to the USA get married, can we return to Thailand for extended periods?

I am asking this question because we are not sure about making the move..if I can go through all the steps now and we can be free to chose where we live I would go with the procedure, BUT if she will be required to stay in the USA for a period of years..that may present a problem.

Thanks so much guys you have been very helpful!

[daboyz1]

Additional Question?

If we go with a K1 visa, fly to the USA get married, can we return to Thailand for extended periods?

I am asking this question because we are not sure about making the move..if I can go through all the steps now and we can be free to chose where we live I would go with the procedure, BUT if she will be required to stay in the USA for a period of years..that may present a problem.

Thanks so much guys you have been very helpful!

Well that's sort of a tricky question. After she adjusts status from the K-1 and gets the 2 year green card, they want you to maintain residence in the U.S.

Now she can travel back and forth to Thailand with no problems. The issue arises in how long you stay out of the U.S. The general rule is stays outside of the U.S. for 0-6 months are not a problem. 6-12 months are ok, but they could give you issues when returning to the U.S. 12 months or more are a problem. They don't want people using the green card as a tourist visa.

Also, when she goes to file for citizenship, you have to list all trips out of the U.S. for 24 hours or more. I think what they do is count those days as days that she was not in the U.S. and use that when calculating when she can file for citizenship. I'm not 100% sure about that.

I have a friend who took his Thai wife to South America for ~6 months on a 2 year green card. They just got back and he said it wasn't an issue coming back. She is getting ready to turn around and go to Thailand for 2 months. Once she gets citizenship, she can come and go as she pleases. That will require maintaining residence in the U.S. for 3 years though.

Your situation would be perfect for a K-3 visa, but that's not really an option any longer.

[ubonjoe]

Unless you both plan on staying in the States for a very long time (forever maybe) it might be best to consider her not getting residency and keep using her B-2 visa.

The biggest advantage with residency is that she could work. Citizenship is next.

And then a big consideration is that if she has five years of residency she could get survivor social security benefits upon your death.

Also remember that for as long as she has residency she is liable to US taxes no matter where she is living.

Edit: If I recall correctly if a resident is planning on staying outside the US for more than 6 months they need to get a re-entry permit that costs approx. $150.

Edited July 2, 2013 by ubonjoe

[slipperylobster]

I just received approval for the Fiancee (K-1) visa from Homeland Security (USCIS). They emailed me that I would be receiving further instructions, which they mailed to my address in New York (and then faxed to me). This first step took only 3 months. I understand that my fiancee must schedule an appointment with the US Embassy in Bangkok, and we are now collecting all the additional requirements necessary. I felt it was much better for me to walk her through the process myself, rather than having an agency do it. I am retired, so I can wait it out here in Thailand. There is no hurry, but I did notice that the USCIS approval is normally good for only 4 months, so I figure her appointment with the embassy will be before that expiration date. We have a place to stay in Bangkok and I understand we need Official Translations, particular Medical Checkups, Vaccinations, supporting documents, Affidavit of Support, Police Clearances, etc., etc. Was told it was better to have originals and multiple copies of everything (and then some) in preparation for the interview. She is fluent in English, University Graduate and owns her own resort in Mae Hong Son. Never worked in a bar, Divorced from her Thai Husband legally. Evidently, we were very meticulous providing everything required by USCIS Homeland Security, as 3 months sure beat the average waiting time of 8 months. I would prefer her to arrive in the USA in March, and I believe that to be possible (we will cover all the requirements. and leave nothing undone). I my expectations too high, or are we in for a much longer wait (after the interview).?

[daboyz1]

I just received approval for the Fiancee (K-1) visa from Homeland Security (USCIS). They emailed me that I would be receiving further instructions, which they mailed to my address in New York (and then faxed to me). This first step took only 3 months. I understand that my fiancee must schedule an appointment with the US Embassy in Bangkok, and we are now collecting all the additional requirements necessary. I felt it was much better for me to walk her through the process myself, rather than having an agency do it. I am retired, so I can wait it out here in Thailand. There is no hurry, but I did notice that the USCIS approval is normally good for only 4 months, so I figure her appointment with the embassy will be before that expiration date. We have a place to stay in Bangkok and I understand we need Official Translations, particular Medical Checkups, Vaccinations, supporting documents, Affidavit of Support, Police Clearances, etc., etc. Was told it was better to have originals and multiple copies of everything (and then some) in preparation for the interview. She is fluent in English, University Graduate and owns her own resort in Mae Hong Son. Never worked in a bar, Divorced from her Thai Husband legally. Evidently, we were very meticulous providing everything required by USCIS Homeland Security, as 3 months sure beat the average waiting time of 8 months. I would prefer her to arrive in the USA in March, and I believe that to be possible (we will cover all the requirements. and leave nothing undone). I my expectations too high, or are we in for a much longer wait (after the interview).?

Your preparation had nothing to do with the time it took to approve the petition. Either you have enough to satisfy them, or you don't. If you don't you get an RFE or they outright deny it.

The I-797C petition approval you received from USCIS is usually good for 6 months. If for some reason it takes longer than that to get an interview, the embassy will extend the validity of the petition. Don't worry about that part of it.

You are done with USCIS at this point. You don't need anything from them and they don't need anything from you. Soon you will get another letter (If you haven't already) from the National Visa Center (NVC) stating that your case has been forwarded to the embassy in Bangkok. This letter will have a case number that starts with BNK2013. It would be good to have that case number.

The next thing you want to do is go here and download the instructions and required forms for the next step of the process:

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

Unless you have some issue that you haven't posted here, then she will have the visa long before March. I would guess she'll have it by October, or November at the very latest.

[slipperylobster]

I just received approval for the Fiancee (K-1) visa from Homeland Security (USCIS). They emailed me that I would be receiving further instructions, which they mailed to my address in New York (and then faxed to me). This first step took only 3 months. I understand that my fiancee must schedule an appointment with the US Embassy in Bangkok, and we are now collecting all the additional requirements necessary. I felt it was much better for me to walk her through the process myself, rather than having an agency do it. I am retired, so I can wait it out here in Thailand. There is no hurry, but I did notice that the USCIS approval is normally good for only 4 months, so I figure her appointment with the embassy will be before that expiration date. We have a place to stay in Bangkok and I understand we need Official Translations, particular Medical Checkups, Vaccinations, supporting documents, Affidavit of Support, Police Clearances, etc., etc. Was told it was better to have originals and multiple copies of everything (and then some) in preparation for the interview. She is fluent in English, University Graduate and owns her own resort in Mae Hong Son. Never worked in a bar, Divorced from her Thai Husband legally. Evidently, we were very meticulous providing everything required by USCIS Homeland Security, as 3 months sure beat the average waiting time of 8 months. I would prefer her to arrive in the USA in March, and I believe that to be possible (we will cover all the requirements. and leave nothing undone). I my expectations too high, or are we in for a much longer wait (after the interview).?

Your preparation had nothing to do with the time it took to approve the petition. Either you have enough to satisfy them, or you don't. If you don't you get an RFE or they outright deny it.

The I-797C petition approval you received from USCIS is usually good for 6 months. If for some reason it takes longer than that to get an interview, the embassy will extend the validity of the petition. Don't worry about that part of it.

You are done with USCIS at this point. You don't need anything from them and they don't need anything from you. Soon you will get another letter (If you haven't already) from the National Visa Center (NVC) stating that your case has been forwarded to the embassy in Bangkok. This letter will have a case number that starts with BNK2013. It would be good to have that case number.

The next thing you want to do is go here and download the instructions and required forms for the next step of the process:

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

Unless you have some issue that you haven't posted here, then she will have the visa long before March. I would guess she'll have it by October, or November at the very latest.

Very good info...thanks

[daboyz1]

I just received approval for the Fiancee (K-1) visa from Homeland Security (USCIS). They emailed me that I would be receiving further instructions, which they mailed to my address in New York (and then faxed to me). This first step took only 3 months. I understand that my fiancee must schedule an appointment with the US Embassy in Bangkok, and we are now collecting all the additional requirements necessary. I felt it was much better for me to walk her through the process myself, rather than having an agency do it. I am retired, so I can wait it out here in Thailand. There is no hurry, but I did notice that the USCIS approval is normally good for only 4 months, so I figure her appointment with the embassy will be before that expiration date. We have a place to stay in Bangkok and I understand we need Official Translations, particular Medical Checkups, Vaccinations, supporting documents, Affidavit of Support, Police Clearances, etc., etc. Was told it was better to have originals and multiple copies of everything (and then some) in preparation for the interview. She is fluent in English, University Graduate and owns her own resort in Mae Hong Son. Never worked in a bar, Divorced from her Thai Husband legally. Evidently, we were very meticulous providing everything required by USCIS Homeland Security, as 3 months sure beat the average waiting time of 8 months. I would prefer her to arrive in the USA in March, and I believe that to be possible (we will cover all the requirements. and leave nothing undone). I my expectations too high, or are we in for a much longer wait (after the interview).?

Your preparation had nothing to do with the time it took to approve the petition. Either you have enough to satisfy them, or you don't. If you don't you get an RFE or they outright deny it.

The I-797C petition approval you received from USCIS is usually good for 6 months. If for some reason it takes longer than that to get an interview, the embassy will extend the validity of the petition. Don't worry about that part of it.

You are done with USCIS at this point. You don't need anything from them and they don't need anything from you. Soon you will get another letter (If you haven't already) from the National Visa Center (NVC) stating that your case has been forwarded to the embassy in Bangkok. This letter will have a case number that starts with BNK2013. It would be good to have that case number.

The next thing you want to do is go here and download the instructions and required forms for the next step of the process:

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

Unless you have some issue that you haven't posted here, then she will have the visa long before March. I would guess she'll have it by October, or November at the very latest.

Very good info...thanks

I forgot. Don't lose that I-797C that you got from USCIS approving the I-129F. I think you'll need that when she adjusts status here in the U.S. to get the green card.

[slipperylobster]

Don't lose that I-797C that you got from USCIS approving the I-129F. I think you'll need that when she adjusts status here in the U.S. to get the green card.

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Ok..That is the one that was sent to my address in New York on 16 July. This monday, I will have someone fax it to me, also I will have the original sent (fedex) to my location here. Keeping a good folder for all this. I am kind of an admin freak/filing nut. I do the tabs/plastic covers, gold paperclips, Bibliographies and Tables of contents. Also put the checklist on top. I think sincerity and ease of handling brings a slight nod of approval from the case workers. IMHO

[akspace]

This is as good a place as any I suppose. Just got the notification that the I129f was approved, but I had the consulate listed as Chiang Mai (that is where the GF is from), of course I found out only Bangkok handles immigrant visas so now I need to get things fixed. Anyone know the process?