Green Card Application: File here, or wait till we're stateside?

[Beachbound]

Greetings all,

We're living in the M.E., but relocating to the US next summer. I would like to file the petition I-130 from here, but the US Embassy here does not accept these petitions on behalf of the USCIS, which means it must be sent to the DHS/USCIS inside the US. The postal service here is horrible, and express mail is very expensive. Would it not be better to wait and file the petition once we're inside the US? Especially given the fact that we're relocating near Phoenix, which is where the petitions are filed. Advice?

Thanks

BB

[ubonjoe]

I assume you will be filing the petition for your Thai wife and you are a US citizen.

What type of visa does she have now?

In my opinion you should file the petition now. If you do the filing while your wife is in the states it can complicate the entire process.

[Beachbound]

Joe,

Yes, I'm American and my wife is Thai. I just sent an email to the USCIS office in Bangkok, asking if the petition could be filed through their office.

We're planning to visit Thailand in April, so we could file it then, however the visit is over Songkran week, so that may be an issue.

What do you think?

BB

[ProThaiExpat]

Do yourself a favor and google USCIS, their pages are very informative, up to date and clearly invite applications for permanent residency/green card to be filed with them, giving you addresses if filing by mail or filing in BKK. Fees are discussed and all the forms and procedures, with instructions, are clear.

They even provide backup and tracking of your application.

The rumors are that your get approval in nine months if you file in BKK but over a year if you file in the US. You might try USCIS Bangkok for more targeted approach. The have an office very close to the Embassy and even take checks drawn on US banks.

Good luck. I will be filing a 130 in February by mail to the BKK office.

[Beachbound]

^

That would be great, but we're not in Thailand, and there is no USCIS office where we live. In order for me to file in Thailand, I have to reside in country. (according to the US Embassy/Thailand

[sirineou]

Please excuse my ignorance, where is ME?

we applied while in the US, but my wife , arrived there as a fiance, we got married there, and the we applied for a change of status.a relatively straight forward and easy process. and one that did not take too long.

I did Little research and it seems that your wife would also have to enter the US with a K3 visa and apply for change of status while there.

First you will need to apply for "I-130: Petition for Alien Relative but it seem there is a provision where after receiving the acceptance letter and case number for the I-130 application, file an I-129F petition with the USCIS indicating the desire to obtain a K-3 Visa. This option has the benefit that the I-129F for a K-3 Visa will often be processed faster than the "underlying" I-130. This means that the time waiting for the Non-US Citizen Spouse to enter the US may be less.

You can read more about the process at: http://www.visajourney.com/content/compare#k3

Good luck

link to instructions for aplication: http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

pay particular attention to the where to file section page 5

I-130 application form:http://www.uscis.gov/sites/default/files/files/form/i-130.pdf

electronic notification form:http://www.uscis.gov/sites/default/files/files/form/g-1145.pdf

since you are traveling you might want to be notified via emails

[sirineou]

^^^^^^Re: above reply

If I understand what I read correctly,once your wife enters the US with a K3 visa she can apply for a change of status, to a permanent resident,

in out case with the KI visa, my wife received a 2 year temporary Green card, and after 2 years she applied for a permanent Green card.

I am not sure if your wife, because you have already being married for longer than 2 years , will receive a permanent green card immediately or will have to get a 2 year firs and then the permanent card.

After 3 years in the US she can apply for her US citizen papers and be done with all of this BS for the rest of her life.

Good luck

[ubonjoe]

If you have been married more than 2 years there is no provisional period.

Sirineou ME is middle east.

[sirineou]

If you have been married more than 2 years there is no provisional period. Sirineou ME is middle east.

Oh good, I thought it might be Middle Earth, and I know the waiting time for a Green Card from there is murder.

[umbanda]

If your wife or fiance have visa to get into the US, I believe it is easy to get the residence for her after getting married there, and that the best way to do it is trough an honest agency. In California the best agency is called Catholic Charities with offices in every area of the state. I do not know if they have offices in other states. It is better to do with an agency because they will advice you about the best wording or info on the application, if something may be not proper. No way to change info on the application after submitted.

Many years ago the process took 2 months to get the Green Card, and 4 years after the issue date on the Green Card, if still married, to apply for Citizenship. Now probably some rules changed.

Good luck!

[Beachbound]

Thanks to all of you for your help. Our situation is exacerbated by the fact that we're trying to do this from Kuwait. The USCIS office in Bkk has told me we cannot file through their office, because I don't have residency in Thailand, however the I-129 must be filed in the country where the marriage took place. (Thailand)

I'm going to call their customer service desk after the New Year and see if I can't get some answers.

If she could just enter on her B2 visa, and adjust her status once we are there, it might take longer, but it would save us a lot of hassle.

Thanks, again

[ubonjoe]

Thanks to all of you for your help. Our situation is exacerbated by the fact that we're trying to do this from Kuwait. The USCIS office in Bkk has told me we cannot file through their office, because I don't have residency in Thailand, however the I-129 must be filed in the country where the marriage took place. (Thailand)

I'm going to call their customer service desk after the New Year and see if I can't get some answers.

If she could just enter on her B2 visa, and adjust her status once we are there, it might take longer, but it would save us a lot of hassle.

Thanks, again

You should get the I-130 done and sent in. It will take months for approval.

The I-129 is not needed and can be filed in the US.

If she is in the states on the B2 she can still adjust status after I-130 is approved.