Marrying a Filippina and moveing to the US ASAP

[JoshuaRudolph]

Hi. I'm sure my situation is not totally unique. However, I cannot seem to find the exact circumstances here or elsewhere in a pre-answered form, so I apologize if this question if not original.

I've been in Thailand for the past three years. I've been an ESL teacher for 5 years, working in both Korea and Thailand. I've been engaged to my fiancee for two years due to continuously getting railroaded financially preventing the wedding. Finally, we are getting hitched next week. It's been a long time coming and we've stay with each other through a lot.

We want to go back to the US asap. We have both had enough for the working conditions, the shakey visas and the underpaid monotony of teaching here. We we planning on going next year, filing for her immigration as soon as we are legally married.

Until last week, when I was laid off due to a funding cut. My school never got around to getting my non-b. I've had enough. I want out of this country. I've got only three months worth of tourist visa with 30 extension left. Without a job that does it's job, I'd have to leave in January, and I'm quite sure I don't even want another job here. Three years of abuse is quite enough.

So, on to the real question. Should we still get married next week? The more I delve into the legalese of US immigration law, the more it seems that if we are married here, she would have to wait about a year before getting her green card and being allowed into the US. I've also found a snag that I don't know if it applies, but it's for sponsoring her to come to the US: I've read that I'd need an income of about $20K USD yearly or more to sponsor her, otherwise she would be unable to enter the US. Does that apply to the situation? I certainly haven't made that much as a teacher in Thailand.

Ideally, though it seems unlikely from what I've seen, I'd like us to get hitched next week, then go there in November as man and wife and deal with the greencard there. I know that there is a provision for a fiancee K-Visa that would allow the greencard to be processed after a marriage in the US, and that the K-visa takes about 7-12 months itself. Would that be the better choice if we have to be apart for a year anyway? Would there be a way to take her to the US in November, process her immigration while she lives with me or would that be impossible? Is our whole situation impossible? Are we doomed to be apart for a year+ or perhaps for good? Would the only way to stay together be for me to stay here working under these conditions that have worn me down to a nub these past three years?

I can't seem to find the exact information for a situation like ours on the embassy website and I've been getting no reply from inquiries sent by email thus far (though admittedly, it's only been a week and I know things move slowly here). Can anyone shed some light on this for me? Thank you.

Edited October 5, 2013 by JoshuaRudolph

[krisb]

I would have rang them up. Forget waiting for email correspondence. It's not the same as talking to a real person. Hope it all works out for you guys.

[JLCrab]

Sounds to me this would be easier getting married and going through the US visa formalities in Philippines rather than in Thailand.

[Thanyaburi Mac]

"ASAP" it will be, but will still be kinda slow.

As noted yesterday on another Q here:

One thing that'll speed up the process is that you can file the initial paperwork with the USCIS office in Bangkok:

http://bangkok.usemb...sa-process.html

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

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Re income and sponsorship, often you can have a relative or friend (better be a really good friend) sign off on the Affidavit of Support. That'll help.

In any case, do your research, and don't plan on a November (at least this year) departure together.

Mac

[HAL9000]

Mac, could you please repost the link? It links to this thread instead of the embassy.

[Thanyaburi Mac]

Oops, here's urls for Immigrant Visas:

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

The process for all immigrant visas, other than the Diversity Visa Lottery process, begins with the Department of Homeland Security (DHS) in the U.S. or, in limited cases when the petitioner resides in Thailand, with the DHS office in Bangkok. The family member or employer in the U.S. must begin the process by filing an I-130 petition or I-129F fiancée petition with the DHS office with jurisdiction over their place of residence.

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

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: http://tinyurl.com/lzw4zrw

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.

[daboyz1]

A few things to think about.

Ideally, though it seems unlikely from what I've seen, I'd like us to get hitched next week, then go there in November as man and wife and deal with the greencard there.

1. Does your fiancee have a tourist visa to the U.S.? If not, then that's not going to work. Even if she did have one, it would be tough convincing them that she would not stay in the U.S. and adjust status, which is what you are proposing. It would suck to fly all the way to the U.S. and then have her denied entry at CBP and sent back. Coming to the U.S. on a tourist visa with the intention of adjusting status (immigrating) is considered fraud. Key word "intention"

So, on to the real question. Should we still get married next week? The more I delve into the legalese of US immigration law, the more it seems that if we are married here, she would have to wait about a year before getting her green card and being allowed into the US. I've also found a snag that I don't know if it applies, but it's for sponsoring her to come to the US: I've read that I'd need an income of about $20K USD yearly or more to sponsor her, otherwise she would be unable to enter the US. Does that apply to the situation? I certainly haven't made that much as a teacher in Thailand.

2. The U.S. Embassy in Bangkok almost never allows co-sponsors for K-1 visas (fiancee visas.) I've seen them do it in a case where the petitioner (you) was a university student. That said, they will allow co-sponsors for CR-1/IR-1 visas (marriage visas) So unless you can show tax returns with gross income of roughly 20k USD for the last tax year, you're going to need a co-sponsor.

Another option is to get married ASAP, and get a Thai Non-O marriage visa. There's a process where you can do all the paperwork while living in Thailand with your wife called Direct Consular Filing (DCF), but they require 6 months of residency in Thailand with a visa other than a tourist visa. I don't know how they would feel about counting your tourist visa time in addition to your Non-O time to get to the 6 months. This process moves very quickly. Usually 2-3 months max vs. doing it from the U.S. which could take 7-12 months depending on the visa route you go, and other factors. You'll also need a domicile in the U.S. no matter what route you choose.

[moe666]

Do not get married here or in the Philippines apply for a fiancé visa and marry in the states. It took a friend 2 years to get his Filipino wife back to the states a fiancé visa would have been about 6 to 9 months. There will be no fast waay to do this .