K1 Or K3 For Co Parent-partner

[greenwanderer108]

Which visa status would be more feasible for our situation ?

We have lived together 2 years in Thailand, now with a 2 month old son. I would like to bring my son and partner back to the USA within the next year or two. We have not married yet because we don't we don't want to close any doors untill we have explored all of our options and balanced them out. If we marry here, it makes it more difficult for her to buy property, etc. under Thai standards-regulations for Thai female married to foreign national.

Also being unmarried, the K1 visa is also an option when/if we decide to marry in the United States (where rights won't be sacraficed for the wellbeing of raising a family). What are the basic requirements/quotas for the K1 visa? Is there a specific quota that we have to meet ? I.e. been together for x minimum amount of years or is it all up to the descrestion of the consular officer and our ability to convince him/her ? Does having a Thai American son with CBRA and passport hold any weight in K-1 visa cases ?

The other option would be to get married here, give up some of her Thai rights while still living in Thailand, and apply for the K-3 visa under the LIFE act. On Dep. of State website, I couldn't find the page with specific quotas for K-3 cases. Obviously the marriage in Thailand would have to be registered with the Amphur, translated and stamped by MFA before it can be valid with the US consular officials. Is there some quota for how long we'd have to be married before being eligible to apply for the K-3 ?

And how about the petitions for both ? I understand that petitions for K-3 have to be filed with INA office in Chicago. Do I have to independently file via snail corespondance or is all the petitioning done via Immigration-US embassy, Bangkok ? ?

Anyone with recent experience in either K-1 or K-3 applications, process, please share the pros, cons, and anything else to consider.

Thanks in advance

[samran]

Sorry greeny. Nitpicking again.

If we marry here, it makes it more difficult for her to buy property, etc. under Thai standards-regulations for Thai female married to foreign national.

Not true. She keeps her rights to full ownership. Law changed at the same time as the rules in dual nationality here.

[Mossfinn]

Thats not nit-picking Samran, I was thrown a little with the comment at the time as I was sure a Thai married to a foreigner was entitled to buy land legally.

As I am about to go through the process your comment has cleared up any ambiguity.

Thanks for that.

Moss

[greenwanderer108]

What I am referring to is the 'quota' and 'standard' she will have to meet up to if in fact her surname is changed to mine via marriage. What I was told the other day at immigration is that as a married couple, we would have to live up to the farang quota as far as qualifying for loans, credit, etc. Rather than the Thai quota which is so much easier to meet. In other words, she will have an easier time getting loans to buy house, car, property, etc as a single Thai girl working some 10-20,000 baht job than she will married to me, a foreign national, where they would ask for statements far beyond that of Thai citizens before they considered giving us any assistance, money, not to mention work permits, other paperwork, etc. etc.

Is this not true ? And how about these law changes. Can you give me a reference to these and the Dual nationality law changes you mention.

Cheers

Edited June 19, 2006 by greenwanderer108

[samran]

Sorry greeny, you’ve become victim of a pompous thai bureaucrat spouting crap that he does not know about. Don’t worry, we have all been a victim of it. I mean really, has the official you have spoken to ever applied for a loan with a farang surname? I think not. Only ever speak to people responsible for that particular subject, otherwise you can be 99% sure they are sprouting sh!t, or basing their knowledge on old facts. And even then, check and double check.

Firstly, a couple of years ago, no later than 2003, Thai women were allowed to keep the maiden names following marriage. So, if you do marry, and she decides to keep her name, how are they to know? Anyway, it is beside the point, she is eligible for the same requirements facing all Thai’s resident and working here for loans. My surname is definitely not a Thai one, and I have easily been able to apply for credit cards, home loans, etc etc under the same criteria as a Thai.

All they want to see is the Thai ID and the house registration, as well as 3 months of pay slips. Simple. Your surname can be Smith, O’Brien, Ratchawongse or Vatanopast, and you’ll get the same treatment. In fact, many people here have their wives go guarantor on loans for them (you need a Thai citizen to do this as a foreigner), even though the guarantor earns nothing….

As for land ownership, search this website and you’ll find hundreds, if not thousands of happy hubbies with wives who own continue to own land. You might find the relevant ruling on it too…I don’t know.

As for the nationality legislation, check out http://www.krisdika.go.th/lawChar.jsp?head...wCode=ส25 under ส for Thai nationality legislation. There should still be three versions there, so you’ll see the evolution of the law over time. A thing to remember here, is that while Thai law doesn’t permit it, it doesn’t expressly prohibit it either, and where it does try to make one choose, there are enough loopholes to drive a truck loaded with giant elephants though.

[Gumballl]

Which visa status would be more feasible for our situation ?

We have lived together 2 years in Thailand, now with a 2 month old son. I would like to bring my son and partner back to the USA within the next year or two. We have not married yet because we don't we don't want to close any doors untill we have explored all of our options and balanced them out. If we marry here, it makes it more difficult for her to buy property, etc. under Thai standards-regulations for Thai female married to foreign national.

Also being unmarried, the K1 visa is also an option when/if we decide to marry in the United States (where rights won't be sacraficed for the wellbeing of raising a family). What are the basic requirements/quotas for the K1 visa? Is there a specific quota that we have to meet ? I.e. been together for x minimum amount of years or is it all up to the descrestion of the consular officer and our ability to convince him/her ? Does having a Thai American son with CBRA and passport hold any weight in K-1 visa cases ?

The other option would be to get married here, give up some of her Thai rights while still living in Thailand, and apply for the K-3 visa under the LIFE act. On Dep. of State website, I couldn't find the page with specific quotas for K-3 cases. Obviously the marriage in Thailand would have to be registered with the Amphur, translated and stamped by MFA before it can be valid with the US consular officials. Is there some quota for how long we'd have to be married before being eligible to apply for the K-3 ?

And how about the petitions for both ? I understand that petitions for K-3 have to be filed with INA office in Chicago. Do I have to independently file via snail corespondance or is all the petitioning done via Immigration-US embassy, Bangkok ? ?

Anyone with recent experience in either K-1 or K-3 applications, process, please share the pros, cons, and anything else to consider.

Thanks in advance

Getting the K1 is the shortest route I believe; about 6-8 months after applying. You do not have to be in the US to file the K1 application, but eventually you will have to prove that you have income and/or assets to support your fiancee when she arrives in the US.

Here are the links for the forms you will need to submit to get the K1 process underway:

I-129F

G-325A (you need to complete one for yourself and one for your fiancee)

Greenwanderer, I remember you stating that you preferred to remain in LOS with your child and fiancee. Rather than leave LOS to go to the US to work, you might want to check with the USCIS (or perhaps someone else here on the TV forum) if it is possible for someone else (family member, friend, etc) to guarantee financial support when your fiancee arrives in the US.

If possible, then you can defer your return to the US till a later date, and then look for work then.

Good luck with everything.

P.S. The other posts are correct... farang married to Thai does not prevent ownership of property in LOS. Also, you fiancee is not required to change her surname (after marriage) if she does not wish to do so.

Edited June 19, 2006 by Gumballl

[thaihome]

Which visa status would be more feasible for our situation ?

We have lived together 2 years in Thailand, now with a 2 month old son. I would like to bring my son and partner back to the USA within the next year or two. We have not married yet because we don't we don't want to close any doors untill we have explored all of our options and balanced them out. If we marry here, it makes it more difficult for her to buy property, etc. under Thai standards-regulations for Thai female married to foreign national.

Also being unmarried, the K1 visa is also an option when/if we decide to marry in the United States (where rights won't be sacraficed for the wellbeing of raising a family). What are the basic requirements/quotas for the K1 visa? Is there a specific quota that we have to meet ? I.e. been together for x minimum amount of years or is it all up to the descrestion of the consular officer and our ability to convince him/her ? Does having a Thai American son with CBRA and passport hold any weight in K-1 visa cases ?

The other option would be to get married here, give up some of her Thai rights while still living in Thailand, and apply for the K-3 visa under the LIFE act. On Dep. of State website, I couldn't find the page with specific quotas for K-3 cases. Obviously the marriage in Thailand would have to be registered with the Amphur, translated and stamped by MFA before it can be valid with the US consular officials. Is there some quota for how long we'd have to be married before being eligible to apply for the K-3 ?

And how about the petitions for both ? I understand that petitions for K-3 have to be filed with INA office in Chicago. Do I have to independently file via snail corespondance or is all the petitioning done via Immigration-US embassy, Bangkok ? ?

Anyone with recent experience in either K-1 or K-3 applications, process, please share the pros, cons, and anything else to consider.

Thanks in advance

If you are indeed a "resident" of Thailand you can apply for the I-130 spousal visa directly at the USCIS Bangkok OfficeI have been told that the processing time going this route can be a matter of a couple of months since you do not go through any of the US processing centers.

I believe the USCIS only accepts long term visa/work permits as proof of residency.

If you have been married less then 2 years, your wife will be given a conditional green card on entry, which requires her to apply for “parole” in order to leave US.

I don’t think you can apply for the K-1 (fiancée) visa if you do not have a US address. These must be processed by a US processing center. Don’t think the USCIS office in Bangkok will do them.

A Thai wife, with or without a farang surname has all the same rights as any other Thai citizen both commercially and legally.

Both Thailand and US accept dual citizenship.

[KhunPadThai]

>> If you have been married less then 2 years, your wife will be given a conditional green card on entry, which requires her to apply for “parole” in order to leave US.

This is not correct. A holder of a conditional green card has all the rights and privilegs of permanent residence and is not required to obtain Advance Parole when leaving the country. Advance Parole is required for persons who have a petition for adjustment of status pending with the BCIS and permits them to reenter the country without a visa or a green card. The only condition that applies to a conditional green card is that it expires after two years unless the marriage continues and the immigrant applies for a "permanent" green card within the deadline period.

Khun Pad Thai

[vinny]

Does having a Thai American son with CBRA and passport hold any weight in K-1 visa cases ?

What does "CBRA" stand for?

[fxm88]

Anyone with recent experience in either K-1 or K-3 applications, process, please share the pros, cons, and anything else to consider.

What a shame this thread got hijacked into a "discussion" of outdated Thai property law.

[greenwanderer108]

Does having a Thai American son with CBRA and passport hold any weight in K-1 visa cases ?

What does "CBRA" stand for?

Sorry for the late response. It stands for Consular Birth Report Abroad...then again maybe it's Consular Report of Birth Abroad (CRBA)...can't remember which way it goes

Anyway, it's the basic proof of American citizenship for citizens born abroad.

Cheers

Edited July 24, 2006 by greenwanderer108