Thai girlfriend to USA, B-2, K-1, etc.

[RosscoPeecho]

Hi everyone,

Let me start off by saying that i'm not entirely new to these forums nor the process and difficulty of completing such tasks as I am about to ask for your opinion on, and so it seems that my country doesn't understand the love between one farang and Thai girl and even the strongest of feelings will not grant a couple that evasive visa.

Ok, i'm taking the piss a bit. Anyways I'll explain my story and my ideas and I'd appreciate it very much if some of you could help out a bit.

I'm a 23 year old male from the USA and I have a 23 year old Thai girlfriend (she's actually 50% Thai but you get it). Seems normal enough but unlike the lot of you I didn't come to Thailand first and meet my girlfriend second. She visited America in March of 2013 through a work and travel program, using a J-1 visa as she was finishing school. I was just finishing college and met randomly through an acquaintance and the rest of history. Now I have come to Thailand, arriving here in November on a Tourist Visa.

The goal, like a lot of you is to eventually get back to the motherland, or in my case, the US. Having explored just about all of our options, it seems that the only way would be through a B-2 visa or a K-1 visa. In regards to a B-2, we've taken all the possible steps that could give us a good shot, or as good as we could make it. She hasn't chosen a "real" job yet but has a guarantee on paper for a job come later next year, has documentation showing she has been a student and that she obviously went to America before and would like to visit again, and then there would be a bank statement showing proof of funds. The problem with this is obviously lack of ownership in property and probably the length she'd want to stay but there could be written documentation from loads of people that she knew when she was here before. Still I'm strongly doubting all this is enough but could be worth a try?

Second would be the K-1 Visa. I'm aware of the processing time for this visa and it's obviously a much bigger commitment in terms of money and, well, my life. To what length is it required to show the validity of the relationship? We have loads of pictures from both the USA and Thailand. Also, i'm aware there's a financial side to this as I would have to show income. Just finishing school hasn't allowed me to make a lot of money but I do have substantial investments which I do believe can be entered into the equation for figuring that all out?

My gut tells me to try for a B-2 but I really don't want to ruin the possibility of getting a K-1 nor breaking her spirits, or both. She's thought about the Aupair program but that wouldn't satisfy her nor me. F-1 visas and studying is too much money and commitment i think.

What would you guys suggest? I think I have a pretty good idea about the possibilities here but it'd be nice to hear some input from people who have done this before.

My sister is a lawyer and has contacts with immigration attorneys and firms so once the new year comes I'll be in contact with them a bit more so I'd like go into this knowing K-1 is probably the best suited.

Thanks in advance.

[sirineou]

First come to Thailand, see how it goes with the girl, are you two serious are you thinking about marriage?,

. A K-1 visa requires a commitment of you and your GF, she will need to gather required documents, and you will need to show means of support,If you don't make enough money, it's ok, your parents or sister could co-sponsor.It will take about a year,

Make sure you document your relationship, they will require extensive proof of relationship.

After she gets her K-1 visa and arrives in the US, you will need to get married with in 3 months or she has to go back,

after you Marry you will need to file for change of status (more application fees)

she will be issued a 2 year provisional green card,

Before the two years expire, and you have remained married for that period of time, she will need to apply for a permanent green Card (more application fees) for all the applications from K-1 To Perm. Green card expect to pay close to $3.000 , but when your GF arives in the US she can get a temp work permit with a temp SSN number and she can work is she wants,

as I said, K-1 rakes a little commitment,

I did it with my GF, was not hard to do, all it took was time and some money, If you get that far PM me and I will give you all pertinent info I have.

[RosscoPeecho]

Yeah I'm currently in Thailand now. Been here since November 4.

We're serious enough to consider it. It's kind of a feel that we both know we will need to go back together and this seems to be the best way to do it. Albeit it's quite the commitment to get married.

Is it sure to take a year? Some websites say around half a year or slightly more I thought? Although you've already done it so id trust your word a bit more.

Would applying for a Tourist visa before a k-1 compromise the ability to get the k-1 in the future?

[sirineou]

Roscco , I don't know exactly how long it will tale for a K-1 visa to process,

It all depends on many variables, It depends on where you file. which depend on where in the states you live, and the work load they have at the time,

once it is processed in the states, it will be send to the embassy in BKK, now it depends on the work load they have there, ,

once the package arrives in BKK your Fiance will be instructed to gather a number of necessary document and send them in,Then she will be scheduled an interview, If all the required document are not to their satisfaction they might request additional document, or they might do as they did to as, and place the case in administrative process and kick it back to the states for further clarification..

The time estimate they have in their website is just that,an estimate, they really don't know what the situation will be 6 months from now, it could be more, but it also could be less.

In addition to this forum, this is a good forum dedicated specifically to people getting a visa to the US,there you can talk to people who are going thorough the process right now and get better up to date info. you can also download all the necessary forms from there

http://www.visajourney.com/

This is a forum in Thai for Thai people, it will be good for your GF to talk to other Thai ladies in her language who are going through the same process.

http://www.usvisa4thai.com/

Edited December 29, 2013 by theoldgit
Response to off topic reply removed

[theoldgit]

Unhelpful reply and response removed.

[daboyz1]

Roscco , I don't know exactly how long it will tale for a K-1 visa to process,

It all depends on many variables, It depends on where you file. which depend on where in the states you live, and the work load they have at the time,

once it is processed in the states, it will be send to the embassy in BKK, now it depends on the work load they have there, ,

once the package arrives in BKK your Fiance will be instructed to gather a number of necessary document and send them in,Then she will be scheduled an interview, If all the required document are not to their satisfaction they might request additional document, or they might do as they did to as, and place the case in administrative process and kick it back to the states for further clarification..

The time estimate they have in their website is just that,an estimate, they really don't know what the situation will be 6 months from now, it could be more, but it also could be less.

In addition to this forum, this is a good forum dedicated specifically to people getting a visa to the US,there you can talk to people who are going thorough the process right now and get better up to date info. you can also download all the necessary forms from there

http://www.visajourney.com/

This is a forum in Thai for Thai people, it will be good for your GF to talk to other Thai ladies in her language who are going through the same process.

http://www.usvisa4thai.com/

Post above pretty much sums it up.

One thing to add would be the I-134 (Affidavit of Support). The U.S. embassy in Bangkok doesn't allow co-sponsors for K visas except in rare cases. In one case I've seen it allowed, both parties had just finished university. Sounds like that's the case in the OPs situation.

Definitely need to check out visajourney. There's actually a Thai forum there for country specific questions as well.

[RosscoPeecho]

Alright I've posted over there. The main thing is that I'm in Thailand for the foreseeable future till we figure this out. I need to be able to file Direct to Consulate for that to work as I don't see how I can efficiently work this out stateside.

[daboyz1]

Alright I've posted over there. The main thing is that I'm in Thailand for the foreseeable future till we figure this out. I need to be able to file Direct to Consulate for that to work as I don't see how I can efficiently work this out stateside.

Can't do Direct to Consulate (Usually called Direct Consular Filing. DCF for short) for a K-1, only a CR-1 which means you would have to get married first. Also, on a CR-1 you CAN use a co-sponsor for the affidavit of support.

Edited December 31, 2013 by daboyz1

[RosscoPeecho]

Do they ever make exceptions? I thought I read somewhere that they did.

Would u say then this would all have to be done stateside then or do I need to marry first?

[daboyz1]

Do they ever make exceptions? I thought I read somewhere that they did. Would u say then this would all have to be done stateside then or do I need to marry first?

There's a multitude of reasons getting married first would be better. If you marry first, you can do it all while staying in Thailand.

1. The co-sponsor issue

2. Your spouse would get a green card after arrival in the U.S. without having to file more paperwork and pay $1000+ in filing fees. Also, she wouldn't be able to work, and in some states drive, if arriving on a K-1. Would have to wait for the adjustment of status to be approved.

3. You can do DCF in Thailand with a K-1.

The DCF thing is huge. It knocks the timeframe down to about 2-3 months versus 8 months or more if you go the K-1 route. That said, you need to show them 6+ months residence in Thailand with a valid visa. Not a tourist visa.

Edited December 31, 2013 by daboyz1

[RosscoPeecho]

Okay, but I guess that raises the issue that I'm currently only on a tourist visa.

[daboyz1]

Okay, but I guess that raises the issue that I'm currently only on a tourist visa.

I don't think you're eligible for DCF with a tourist visa. I'd shoot them an email and ask.

Step 1: The Department of Homeland Security

The process of applying for all categories of immigrant visas begins with the US Citizenship and Immigration Services (USCIS). In most cases, this consists of filing a petition with the USCIS office having jurisdiction over the petitioner's place of residence in the United States. The petitioner should contact the appropriate USCIS office using the Government Pages of the local telephone directory or by going to the USCIS website. If the petitioner resides in the United States, the processing time varies depending on the service center where the petition is pending. 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.html

[sirineou]

Do they ever make exceptions? I thought I read somewhere that they did. Would u say then this would all have to be done stateside then or do I need to marry first?

First where is your permanent address?

If it is in the States as I think it is,

then I think you can file for K1 from there,

Simply fill all the forms in Thailand, send them to your sister in The US, and have her forward them to the appropriate place in your name.

once the forms are send , you don't need to do anything else, in a couple of weeks you will receive a letter telling you that your application has being received , is being processed, and a receipt number will be assigned to you

You can use that receipt number to follow the status of your case at the USCIS website

https://egov.uscis.gov/cris/Dashboard.do

then a couple of months later you will receive a letter telling you that you application has being send to BKK embassy

once the package is is in BKK your fiance will get a letter instructing her to send them some documents

(Police record, immunization record, medical record, etc) it is good that you are there so that you can help her with that,

Since you are not going to be in the US to receive all the letter notifications, you can apply to be notified by email

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

it has being w while since I did this, if any one thinks I am wrong in any of this please feel free to correct me,

[RosscoPeecho]

Yeah I figure it could all be done via PDF copies and sent over email unless they need original signatures? Getting the package together may be a bit of a burden for whoever is willing to help considering I'll need photos and other proof.

Just blows my mind that being in Thailand is actually making it MORE difficult for a k-1. I guess it does help proving the relationship is legitimate and ongoing.

Thanks again for the replies guys.