working visa for Thai wife USA

[stevehaigh]

can someone please overview the basics of getting my wife into USA on a working visa please. we are married in Thailand, 10 years already. i'm a US citizen. wife currently has a 10 year US tourist visa and has visited once before.

she's not looking for permanent residency, we only want to stay in US for 5 years or so to boost up savings a bit before returning to Thailand

what are my options, how much does it cost and how long to get? we are not in any hurry, thinking maybe next year.

i see she'll probably start with a K-3 or K-4 visa which costs $240 but i'm not sure if she can work on that alone and stay on it for 5 years or if its necessary to then apply for immigrant visa when in US

thx steve

Edited March 31, 2014 by stevehaigh

[ubonjoe]

Your only viable option it to apply for her residency.

How long that will take depends upon your status here in Thailand. If you are here on an extension of stay or can satisfy the local USCIS office you meet the requirements to file the I-130 here it can be done in a few months. Otherwise if you have to file it in the states it could well take a year.

[stevehaigh]

Your only viable option it to apply for her residency.

How long that will take depends upon your status here in Thailand. If you are here on an extension of stay or can satisfy the local USCIS office you meet the requirements to file the I-130 here it can be done in a few months. Otherwise if you have to file it in the states it could well take a year.

i'm here 10+ years already on a non-O, first on marriage extension and now on retirement (but i'm only 54 so under US retirement age)

can you elaborate please? what's wrong with K-3 or k-4 first and resident when in US?

if we go straight for resident as you suggest, what's the process and approx cost?

i found this quite interesting http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter7-8.html

looks like the basic fee is $420, not sure if there are other fee http://www.uscis.gov/i-130

i wonder how likely it is she would be approved for this. assuming she meets all the legal requirements, is it pretty much automatic approval of is it up to the discretion of someone?

thx steve

Edited March 31, 2014 by stevehaigh

[stevehaigh]

this is a very good link

http://www.visajourney.com/content/compare

so it looks like IR-1 / CR-1 may be the best option since we are not in a hurry and are trying to save money

one thing i haven't figured out yet is if i need to show earned income for last 3 years. i file US tax returns but for last 3 years its a little below the 125% US poverty limit of $22,000/year. i'm not sure how important that is since i hope to find a decent paying job when i get there, that's the whole point.

[doontp]

this is a very good link

http://www.visajourney.com/content/compare

so it looks like IR-1 / CR-1 may be the best option since we are not in a hurry and are trying to save money

one thing i haven't figured out yet is if i need to show earned income for last 3 years. i file US tax returns but for last 3 years its a little below the 125% US poverty limit of $22,000/year. i'm not sure how important that is since i hope to find a decent paying job when i get there, that's the whole point.

Yes, the IR-1.

You or someone will need to show an income of at least roughly $20k. It's required. A "sponsor" needs to be someone who satisfies the income requirement. A relative or good friend can sponsor your wife.

A sponsor provides a written guarantee that a non-US citizen will not be a public liability. ie - apply for welfare.

The only way around this is to show an adequate amount of assets. 3 x 125% the poverty level, which equals about $60k.

It sounds like I'm in the same boat as you. I hoping to get my dad, uncle or a good friend of mine to sponsor my wife. I hoping one of them will help me. I don't have enough assets.

The only other way would be for you to go to America alone, get a job and show an ability to earn the required amount. Then you could apply for the IR-1. The seperation from one another could be well over a year.

[Gonsalviz]

A pure work visa is applied and paid for buy whatever company she can get a job with.

[stevehaigh]

this is a very good link

http://www.visajourney.com/content/compare

so it looks like IR-1 / CR-1 may be the best option since we are not in a hurry and are trying to save money

one thing i haven't figured out yet is if i need to show earned income for last 3 years. i file US tax returns but for last 3 years its a little below the 125% US poverty limit of $22,000/year. i'm not sure how important that is since i hope to find a decent paying job when i get there, that's the whole point.

Yes, the IR-1.

You or someone will need to show an income of at least roughly $20k. It's required. A "sponsor" needs to be someone who satisfies the income requirement. A relative or good friend can sponsor your wife.

A sponsor provides a written guarantee that a non-US citizen will not be a public liability. ie - apply for welfare.

The only way around this is to show an adequate amount of assets. 3 x 125% the poverty level, which equals about $60k.

It sounds like I'm in the same boat as you. I hoping to get my dad, uncle or a good friend of mine to sponsor my wife. I hoping one of them will help me. I don't have enough assets.

The only other way would be for you to go to America alone, get a job and show an ability to earn the required amount. Then you could apply for the IR-1. The seperation from one another could be well over a year.

my son earns good money over there, well above the 3 person in a household level of about $25000, and will sponsor her so i think we'll have no problem at all

Edited April 2, 2014 by stevehaigh