Best Way to Bring a Thai Fiance/Wife to the US?

[NavaJauvana]

I am now living in Thailand on a retirement visa. I have a thai fiance and we plan to get married next year.

After we marry, we are thinking about relocating back to Hawaii.

My question is, what are the options for bringing a newly married thai wife to the US?

Should we marry in Thailand and then apply for some kind of marriage visa from the US embassy?

Or is it better if she goes to the US on tourist visa which she already has, and we marry there?

Does anyone know the options and time frame for organizing this?

[submaniac]

The easiest way is with a K1 which is the immigration visa to bring a fiance for marriage in the U.S. The K1 is processed faster than the other visas, and is fairly simple.

If you marry before she enters, you will need to file an I-130 petition for alien spouse, which takes a bit longer to process. Either one is fine, but the K-1 is usually simpler (because the marriage is in the U.S. and it's easier to provide proof of marriage which would be a marriage license from the state, as opposed to bringing Thai documents of marriage which would need to be translated).

Having her enter on a tourist visa and marrying in the United States is a big NO NO. I will give you a personal example why it is a no no. My friend's cousin (Polish) visited him in the USA, and she met and fell in love and they planned to get married. She had a tourist visa. Upon arrival at LAX, immigration asked her why she was visiting. She said "I'm going to marry my boyfriend". She was immediately detained and put on the next flight to Poland.

The reason you don't use a tourist visa to enter the United States for purposes of marriage is that you are in effect providing false information to immigration, which they don't like. You asked for a tourist visa because you want to be a tourist. If you want to come over for another reason, you need to submit the right application.

[palaver]

K1.

[palaver]

If marriage visa now will take forever.

K1 fast. Just did it and she was here very quickly.

[rucus7]

If marriage visa now will take forever.

K1 fast. Just did it and she was here very quickly.

How quick? We just got our IR-1in less than 2 months. That is a 10 year green card when you arrive in the US. No AOS ( adjustment of Status) no Advanced parole no I94 cards no 2 year green card. In other words we are done with the USCIS and Dept. of State. Also only A 3 year wait for citizenship rather than a 5 year wait.

PM me if you want information.

[palaver]

4 months for k-1. We had read that marriage visa took a year or so.

[rucus7]

That depends entirely on were you file your I-130. I filled in Bangkok.

[palaver]

Same for k-1. California service center is fast at processing.

[daboyz1]

Rucus7 has the right answer. K-1 fiancee is NOT the way to go if you can prove residency in Thailand (Non-O, Non-B etc. for 6 months) K-1 will definitely take longer than 2 months. Also, take into consideration that a K-1 is a single entry non-immigrant visa. A K-1 visa holder will still have to adjust status once in the U.S. which costs another ~$1100. Also, while the adjustment of status is processing, there's no working, no driving, etc. etc. Filing at the consulate in Bangkok will result in an immigrant visa where the spouse will be able to work immediately, get a driver's license etc. etc.

If the OP is eligible to file for the immigrant visa in Bangkok, there is not ONE good reason to go the K-1 route.

[AaronLV]

The spousal visa is the way to go, it will save you money in the long run, but since you will have been married less than two years your wife will get a CR (conditional Green Card), which is valid for two years and then you will need to file for removal of conditions. You get to skip the adjustment of status step.

If you were married more than two years she would get a 10 year as soon as she arrives.

[craigt3365]

I would recommend checking with the US embassy here on this one. Things change fairly quickly with regards to these visas. If you live here, I believe you can do a direct consular filing. I've heard this is the fastest way to go.

When we went through this, I hadn't lived here long enough. DCF was not an option for me. So we were told by the embassy to go the K1 route. Lots of paperwork, but not too bad.

I communicated with the embassy via email and actually met them one on one a few times. They were quite helpful. Replies were generally quick, but not always.

This is a great website:

http://www.visajourney.com/

[AaronLV]

Overall if you are currently here and aren't in a rush to get back (ie extend by a few months), it is best to file a spousal visa instead of the K1. An example:

K1 general Timeline to Green Card

6 months from time of filing til Visa in hand

1 month (marry immediately in the states, file for AOS)

5 months to wait for 2 year Green Card

CR1/IR1 general timeline to GC

8 months from time of filing til VIsa in hand

Arrive in the USA, Green Card in hand (No adjustment of status)

DCF CR1/IR1 general timeline to GC

3 months from time of filing til Visa in hand

Arrive in the USA, Green Card in hand (no adjustment of status)

Obviously the time can be shorter or longer for each type of filing, but these are about the average times I have seen on VJ and what several of my Friends have done over the years,

As has mentioned VJ is a good resource and there is a Thai forum with plenty of people who can answer questions and help out.

[NavaJauvana]

Overall if you are currently here and aren't in a rush to get back (ie extend by a few months), it is best to file a spousal visa instead of the K1. An example:

K1 general Timeline to Green Card

6 months from time of filing til Visa in hand

1 month (marry immediately in the states, file for AOS)

5 months to wait for 2 year Green Card

CR1/IR1 general timeline to GC

8 months from time of filing til VIsa in hand

Arrive in the USA, Green Card in hand (No adjustment of status)

DCF CR1/IR1 general timeline to GC

3 months from time of filing til Visa in hand

Arrive in the USA, Green Card in hand (no adjustment of status)

Obviously the time can be shorter or longer for each type of filing, but these are about the average times I have seen on VJ and what several of my Friends have done over the years,

As has mentioned VJ is a good resource and there is a Thai forum with plenty of people who can answer questions and help out.

I'm the OP: thanks to everyone who has posted a reply.

I understand a K1 visa is for a fiance. What is "CR1/R1" and "DCF/CRI/RI"?

What is VJ? Can you provide a link if it is a website?

I am living now in Thailand on a retirement visa (Non Im O/A visa i believe). I have a long timeline (18-24 months) before i would like to relocate to Hawaii with my fiance (by then we will be married). So it sounds like the best course of action is to apply for a visa at the US Consulate here in BKK? Should she apply as a fiance or should we get married first? Anyone who has a similar experience or whose friends have had similar experience as mine would be most helpful. Thanks.

I am living here in Thailand now on a retirement visa and i have time before i would want to relocate back to the US.

[doontp]

The spousal visa is the way to go, it will save you money in the long run, but since you will have been married less than two years your wife will get a CR (conditional Green Card), which is valid for two years and then you will need to file for removal of conditions. You get to skip the adjustment of status step.

If you were married more than two years she would get a 10 year as soon as she arrives.

Please clarify/verify the two year rule.

You get the visa in hand after being married for 1 year and 11 months, then enter the US after being married for 2 years and 1 month........does this result in 2 year or 10 year Green Card?

[daboyz1]

Overall if you are currently here and aren't in a rush to get back (ie extend by a few months), it is best to file a spousal visa instead of the K1. An example:

K1 general Timeline to Green Card

6 months from time of filing til Visa in hand

1 month (marry immediately in the states, file for AOS)

5 months to wait for 2 year Green Card

CR1/IR1 general timeline to GC

8 months from time of filing til VIsa in hand

Arrive in the USA, Green Card in hand (No adjustment of status)

DCF CR1/IR1 general timeline to GC

3 months from time of filing til Visa in hand

Arrive in the USA, Green Card in hand (no adjustment of status)

Obviously the time can be shorter or longer for each type of filing, but these are about the average times I have seen on VJ and what several of my Friends have done over the years,

As has mentioned VJ is a good resource and there is a Thai forum with plenty of people who can answer questions and help out.

I'm the OP: thanks to everyone who has posted a reply.

I understand a K1 visa is for a fiance. What is "CR1/R1" and "DCF/CRI/RI"?

What is VJ? Can you provide a link if it is a website?

I am living now in Thailand on a retirement visa (Non Im O/A visa i believe). I have a long timeline (18-24 months) before i would like to relocate to Hawaii with my fiance (by then we will be married). So it sounds like the best course of action is to apply for a visa at the US Consulate here in BKK? Should she apply as a fiance or should we get married first? Anyone who has a similar experience or whose friends have had similar experience as mine would be most helpful. Thanks.

I am living here in Thailand now on a retirement visa and i have time before i would want to relocate back to the US.

CR-1/IR-1 visas are immigrant marriage visas. The only difference between the two, is one results in a 2 year green card (CR-1) after arrival in to the U.S. and the other results in a 10 year green card (IR-1) after arrival in to the U.S. It depends on how long you've been married when your spouse enters the U.S. If she enters the U.S. prior to your two year wedding anniversary, she will get a 2 year green card and then have to file to remove conditions. (CR-1 means conditional resident)

DCF refers to Direct Consular Filing. In certain cases such as yours, if you can prove residency in the foreign country for more than 6 months, you can file direct with the consulate in the foreign country. This drastically reduces the time between filing and receiving the visa. I was not aware of this when I filed for my wife back in 2008. It took a year for my wife to get her IR-1 visa filing from the U.S. I know a member here and on VJ that just recently went through the DCF process and it took two months from start to finish.

The marriage visa is the way to go in my opinion because you can't file DCF for a K-1 fiancee visa, only CR-1/IR-1. As Aaron stated, check out visajourney. There's no place better on the web for family based visas to the U.S. They even have a Thai specific forum there.

http://www.visajourney.com

[daboyz1]

The spousal visa is the way to go, it will save you money in the long run, but since you will have been married less than two years your wife will get a CR (conditional Green Card), which is valid for two years and then you will need to file for removal of conditions. You get to skip the adjustment of status step.

If you were married more than two years she would get a 10 year as soon as she arrives.

Please clarify/verify the two year rule.

You get the visa in hand after being married for 1 year and 11 months, then enter the US after being married for 2 years and 1 month........does this result in 2 year or 10 year Green Card?

It will result in a 10 year green card. It's not based on when the visa is issued, rather when it is used. So in your scenario, a CR-1 visa will be issued by the embassy, but since you entered the U.S. after your 2 year wedding anniversary, it will result in a 10 year green card. Be sure to point this out to the CBP agents. Sometimes they miss this.

Edited August 31, 2014 by daboyz1

[daboyz1]

Just to add to the CR-1/IR-1 conversation, it's not that big of a deal if you get the 2 year green card. You just have to file form I-751 to remove conditions on the 2 year green card and get the 10 year green card. It costs $590 though. I've known people that have put off the arrival for a month to get the 10 year green card, which makes sense. It probably doesn't make sense to put it off for 6 months or a year.

[craigt3365]

Just to add to the CR-1/IR-1 conversation, it's not that big of a deal if you get the 2 year green card. You just have to file form I-751 to remove conditions on the 2 year green card and get the 10 year green card. It costs $590 though. I've known people that have put off the arrival for a month to get the 10 year green card, which makes sense. It probably doesn't make sense to put it off for 6 months or a year.

VJ is a fantastic resource. They list all the documents needed and timelines for filing. Do NOT miss any of the deadlines or you have to start over. It's a big deal. File ALL the required docs, or you have to start over. I've got a friend who forgot a very small item and his application was rejected.

It's a very nervous time, but we got through it with no problems. Dealing with the various government departments was relatively easy. We did the K1, filed the appropriate forums when we got to the US, and she was a US citizen in about 3 years. The ceremony for getting her citizenship was very moving. They let people tell their stories. For as much as people bash the US, there are lots who really want to live there and this is a big deal to them.

Best of luck.

[sirineou]

Rucus7 has the right answer. K-1 fiancee is NOT the way to go if you can prove residency in Thailand (Non-O, Non-B etc. for 6 months) K-1 will definitely take longer than 2 months. Also, take into consideration that a K-1 is a single entry non-immigrant visa. A K-1 visa holder will still have to adjust status once in the U.S. which costs another ~$1100. Also, while the adjustment of status is processing, there's no working, no driving, etc. etc. Filing at the consulate in Bangkok will result in an immigrant visa where the spouse will be able to work immediately, get a driver's license etc. etc.

If the OP is eligible to file for the immigrant visa in Bangkok, there is not ONE good reason to go the K-1 route.

I dont know much about the marriage visa process so I have no opinion on the subject, Dont know if it is better or worst

but I do know about the K1 process as my then fiance, now wife came to the US with a K1

The process was easy. and relatively fast.

It is not true that you cant , work, drive, etc while waiting for the change of status process,

upon arrival you can apply for a temporary SSN with it You can get a temp work permit , and I believe a drivers licence,though I am not sure about that as we did not until she got her Green card, also if you like you can get permission to travel all of which ware not necessary in out case as the change of status process was quick and she had her green card with in three months from application.

But I don't believe it is a real concern anyway, because I don't think anyone's fiance would be working immediately after arriving in the US anyway.

If some one has not suggest it already, visajourney.com is a good forum to get info about visas to the US

[daboyz1]

Rucus7 has the right answer. K-1 fiancee is NOT the way to go if you can prove residency in Thailand (Non-O, Non-B etc. for 6 months) K-1 will definitely take longer than 2 months. Also, take into consideration that a K-1 is a single entry non-immigrant visa. A K-1 visa holder will still have to adjust status once in the U.S. which costs another ~$1100. Also, while the adjustment of status is processing, there's no working, no driving, etc. etc. Filing at the consulate in Bangkok will result in an immigrant visa where the spouse will be able to work immediately, get a driver's license etc. etc.

If the OP is eligible to file for the immigrant visa in Bangkok, there is not ONE good reason to go the K-1 route.

I dont know much about the marriage visa process so I have no opinion on the subject, Dont know if it is better or worst

but I do know about the K1 process as my then fiance, now wife came to the US with a K1

The process was easy. and relatively fast.

It is not true that you cant , work, drive, etc while waiting for the change of status process,

upon arrival you can apply for a temporary SSN with it You can get a temp work permit , and I believe a drivers licence,though I am not sure about that as we did not until she got her Green card, also if you like you can get permission to travel all of which ware not necessary in out case as the change of status process was quick and she had her green card with in three months from application.

But I don't believe it is a real concern anyway, because I don't think anyone's fiance would be working immediately after arriving in the US anyway.

If some one has not suggest it already, visajourney.com is a good forum to get info about visas to the US

The temp work permit (EAD) still takes 2-4 months as does the travel permit (Advance Parole) The actually issue these as the same "combo" card now. With the marriage visa, it is immediate. The visa placed in the passport has an endorsement that says I-551. I-551 is the same designation as a green card, so that endorsement acts as temporary green card until the actual green card arrives in the mail. Also, there's the matter of the extra $1100 you have to pay to adjust status.

source: http://www.visajourney.com/timeline/eadstats.php

The EAD/AP combo card is taking about 80 days according to VJ. Again, I can't see any reason why someone would want to go the K-1 route if they are eligible for DCF, which it appears that the OP is eligible. I've heard so many people complain on VJ "my wife is here, she can't work, she can't drive, she can't leave the country" etc. etc. With the marriage visa, none of that is an issue. I think it takes like an hour to get legally married at the Amphur, although you do need an affidavit from the U.S. embassy saying you are legally able to marry. I think that took about an hour and 2000 THB as well.

[ProThaiExpat]

I began the CR-1 process this year for my spouse after marrying in the US while spouse was on a ten year multiple entry tourist visa. We are a couple weeks away from completing the process so at the present time even diligent applicants are going to use six months to get all the steps taken care of.

First of all, no one has mentioned that your original application must be filed in the BKK office of the USCIS (United States Customs and Immigration Service) Their website is excellent and explains everything.

Once USCIS approves your package of documents, they did it in a week for me as I over killed in supplying documentary support. Once USCIS approves of your application and pay their fee, they forward your package to the BKK Embassy that uses that package as a trigger to send you their requirements. There are many and even after an interview, there may be more. They specifically require you to supply all the same documents you sent to USCIS in BKK so get duplicates of everything in your submission packages.

They make it abundantly clear that length of relationship and positive steps to relocate to the US are critical issues that they will examine thoroughly.

Once they approve your application, spouse's passport will be stamped with a temporary green card which you will use to enter the US and Embassy gives you a sealed package of documents that you hand over to USCIS at port of entry.

In addition to the interview in BKK at the Embassy, a medical clearance is required by their panel of doctors. Depending on the number of vaccinations spouse has had, your medical exam costs can exceed 10k Baht.

If you have been married for less that two years at the time of entry to the US, you are required to file a specific form 90 days before the two year period after entry occurs. It is a USCIS form.

I suggest it will take a few days to review the USCIS website and all of their links as well as the US Embassy websites. There is an online history form that is exhaustive and must be completed as well as every job your spouse has had as an adult along with every residence spouse has resided at for a year or more. Police clearance from Thailand and any foreign country spouse has lived in for more than a year. We were required to obtain a Australian Federal Police Clearance as my spouse accompanied me every year for three months or more for family visits over a ten year period.

Good luck your patience will surely be tried.

[Tedly]

I'm sure this might have been covered but I can not find it. My Thai girlfriend was told by someone who got a K1 fiancée visa that she would have to know me for 2 years before she could get a visa. I told her that she is mistaken but I was hoping someone could verify for me. I think the rule is that you must have met in person within the last 2 years, not that you had to have been seeing each other for 2 years. Can someone please let me know so I can put her mind at ease. She thinks it would be best too if we have photos of us together, any thoughts on that?

Sorry if this stuff has been covered, but I am brand new at this and am very confused and overwhelmed with everything that must be done just to get her to the USA. I'm sure I will have many more questions.

[AaronLV]

I'm sure this might have been covered but I can not find it. My Thai girlfriend was told by someone who got a K1 fiancée visa that she would have to know me for 2 years before she could get a visa. I told her that she is mistaken but I was hoping someone could verify for me. I think the rule is that you must have met in person within the last 2 years, not that you had to have been seeing each other for 2 years. Can someone please let me know so I can put her mind at ease. She thinks it would be best too if we have photos of us together, any thoughts on that?

Sorry if this stuff has been covered, but I am brand new at this and am very confused and overwhelmed with everything that must be done just to get her to the USA. I'm sure I will have many more questions.

You only have to have met in person within the last 2 years. You don't have to be together for 2 years. Pictures are very important at the embassy in Bangkok they seem to weigh that as the best evidence, but not the only evidence, if you don't have pictures together it could be tough to prove you are in a bona-fide relationship. Visajourney is a more up to date source of information on the process than this website. You can get some good advice here, but visajourney is more specific to US immigration.

[Tedly]

I'm sure this might have been covered but I can not find it. My Thai girlfriend was told by someone who got a K1 fiancée visa that she would have to know me for 2 years before she could get a visa. I told her that she is mistaken but I was hoping someone could verify for me. I think the rule is that you must have met in person within the last 2 years, not that you had to have been seeing each other for 2 years. Can someone please let me know so I can put her mind at ease. She thinks it would be best too if we have photos of us together, any thoughts on that?

Sorry if this stuff has been covered, but I am brand new at this and am very confused and overwhelmed with everything that must be done just to get her to the USA. I'm sure I will have many more questions.

You only have to have met in person within the last 2 years. You don't have to be together for 2 years. Pictures are very important at the embassy in Bangkok they seem to weigh that as the best evidence, but not the only evidence, if you don't have pictures together it could be tough to prove you are in a bona-fide relationship. Visajourney is a more up to date source of information on the process than this website. You can get some good advice here, but visajourney is more specific to US immigration.

thanks, That is what I thought too, that you must have been together within the last two years. I thought that she was misinformed. I am going to go back for another visit in the spring, so we can have pictures of us together before we try for the visa. I believe that I must start the process here in the USA first, is that correct? From what I researched I have to do the application here and if it is approved then she has to get documents and have an interview, correct? Thanks for any help! I am hoping to get her over here by the end of the year. Do you think that is realistic?

[AaronLV]

I'm sure this might have been covered but I can not find it. My Thai girlfriend was told by someone who got a K1 fiancée visa that she would have to know me for 2 years before she could get a visa. I told her that she is mistaken but I was hoping someone could verify for me. I think the rule is that you must have met in person within the last 2 years, not that you had to have been seeing each other for 2 years. Can someone please let me know so I can put her mind at ease. She thinks it would be best too if we have photos of us together, any thoughts on that?

Sorry if this stuff has been covered, but I am brand new at this and am very confused and overwhelmed with everything that must be done just to get her to the USA. I'm sure I will have many more questions.

You only have to have met in person within the last 2 years. You don't have to be together for 2 years. Pictures are very important at the embassy in Bangkok they seem to weigh that as the best evidence, but not the only evidence, if you don't have pictures together it could be tough to prove you are in a bona-fide relationship. Visajourney is a more up to date source of information on the process than this website. You can get some good advice here, but visajourney is more specific to US immigration.

thanks, That is what I thought too, that you must have been together within the last two years. I thought that she was misinformed. I am going to go back for another visit in the spring, so we can have pictures of us together before we try for the visa. I believe that I must start the process here in the USA first, is that correct? From what I researched I have to do the application here and if it is approved then she has to get documents and have an interview, correct? Thanks for any help! I am hoping to get her over here by the end of the year. Do you think that is realistic?

You file the initial application in the states and it takes between 2 to 4 months once submitted to be sent to NVC, and then another couple of weeks to get the embassy, at that point you can get the police clearance (3 weeks to get), and medical done, and submit the papers to the embassy. Then it is is a matter of scheduling the interview, process time is between 5 to 9 months as long as the paperwork is submitted properly and you don't have anything missing when you submit. If you want by the end of the year, I suggest you file within the next month to ensure you make it. It could be quicker or longer.

Hardest part is getting the information from your Fiancee, and making sure she has the correct documents. It can be a bit frustrating trying to get the correct documents and answers from your significant other.