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RE: Bringing my Thai family back to the US, steps and requirements?


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I didn't read thru the previous replies so I may be repeating what others have said. However I can definitively answer the question about filing a Joint Tax Return. In order to obtain a TIN for your wife, when you submit your first Joint tax return attach the TIN application form along with proof of your marriage to your tax return. For wife's TIN number enter "Pending" on the 1040. I tried to apply for the TIN first so I would have it when I filed my tax return, but the application was rejected, and I was instructed to send the application in with the tax return.

When I followed the instructions there was no problem even though she has never lived in the U.S.

You can't claim a Dependency Exemption for the child until they have residency status for the U.S. See IRS pub. 501 Table 5.

Best of Luck! My wife and I plan to move to the U.S. at some point long enough for my wife to become a citizen, so she will be able to receive 50% of my Social Security Benefit after I pass. A Green card holding spouse is also eligible to collect Social Security, but they will revoke the Green Card if you move out of the country long term.

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Good, for the most part.

"The first thing I am going to do is then register our marriage at the Counselor Services Division of the US Embassy."

FYI, you do not register a Thai marriage at the U.S. Embassy, a Thai marriage at the amphur is quite legal as it stands, that's it.

Your first stop in Bangkok should be a the USCIS office, not the Embassy. It's at the USCIS where you'll enter the DCF process.

My understanding is that it's not so much related to how long you've been legally married, at the amphur, as it is how long you've lived here in Thailand prior to filing for the DCF. Send them an email if you have a question of eligibility:

http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-bangkok-field-office

Phone, Fax Numbers & E-mail
Phone :02-205-5352 or 02-205-5382 (within Thailand)
Mac

Thanks to all and thanks Mac for the great info you have provided me. I guess my thought on filing the marriage via the USCIS prior to inquiring through them that I wanted to go the DCF route was that they would already reflect our marriage in their records before we started the process.

My reason for being pro active on getting it registered prior to the DCF application is I guess I am thinking it best to get the marriage "recognized" and filed with the US government before I start the DCF visa process. Seems that it would go over better with them if it was already in place before we started the process. Also, on the off chance that something were to happen to me before the darn visa process (as we all know, can be quick, can be lengthy) is completed I would then know that she is going to be recognized by the US courts as my wife when it comes to settling up my estate. From what I have been able to read, yes, the marriage is legal and binding via the Thai government, but the US government has no way of knowing about it until I file it with them.............. Anyway, that is my reason in wanting to get it filed via the USCIS ahead of the DCF.

Anyone's thoughts on my thoughts on the above would be greatly appreciated. Am I on the right track on my thoughts related to getting it filed with the US ahead of the filing of the visa.

And again Mac, thanks for the great info in both your responses. I will send them "another" email. I have used that approach before, and I kept getting generic answers, but again, maybe I have just not beat my head against the wall enough times yet so I will keep going.............

I would love to hear from someone that has gone the DCF route if there is anyone out there.

I would also love to hear from someone from the US that has registered their marriage at the Ampur. At what point did you then let the USCIS know that you were married. It seems to me a fairly important thing to be done timely when it comes to things like beneficiary on life insurance forms and other things of that nature. At least in my case, they must be your "spouse, or dependents" and I am sure, or at least guessing this means they are registered as such with the US government?

Again, Thanks Mac for your great advice. I also in advance apologize for beating on the same bush over and over. Just trying to get clarity to me on what others have done with similar circumstances.

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I didn't read thru the previous replies so I may be repeating what others have said. However I can definitively answer the question about filing a Joint Tax Return. In order to obtain a TIN for your wife, when you submit your first Joint tax return attach the TIN application form along with proof of your marriage to your tax return. For wife's TIN number enter "Pending" on the 1040. I tried to apply for the TIN first so I would have it when I filed my tax return, but the application was rejected, and I was instructed to send the application in with the tax return.

When I followed the instructions there was no problem even though she has never lived in the U.S.

You can't claim a Dependency Exemption for the child until they have residency status for the U.S. See IRS pub. 501 Table 5.

Best of Luck! My wife and I plan to move to the U.S. at some point long enough for my wife to become a citizen, so she will be able to receive 50% of my Social Security Benefit after I pass. A Green card holding spouse is also eligible to collect Social Security, but they will revoke the Green Card if you move out of the country long term.

Thanks Westsail,

Yes, you are correct on all this. I did manage to get the W-7 form via my US Accountant. And as you stated, it is simply attached to the front of your upcoming tax return, based on the fact you were married in the prior tax year, and then they assign the TIN to your spouse ahead of then going ahead and processing the return. It does of course ask for proof of the person you are now claiming as your spouse or dependent.

I post this as it may be helpful for others also as with all the stuff I read related to visa's I could not find any specific's on this issue and it may be of help to others. .. That and the fact that while I may have been one of the sharpest sticks in the shed years ago, lets just say I have taken a few to many hits to the head, been blown up a half dozen times with head trauma.......... Meaning my memory is crap...... And yeah, thats on the good days.................

I have in front of me the one page W-7 form, along with the nine pages of instructions (gotta love our Gov and Tax Code) and I quote Under the section

-How to apply:

"Your original, valid tax return for which the ITN numbers is needed. Attach form W-7 to the front of your tax return. If you are applying for more than one TIN for the same tax return (such as for a spouse or dependents) attach all forms W-7 to the same tax return. After your Form W-7 has been processed, the IRS will assign an ITN to the return and process the return".

And then it states in the following verbiage under the header

-"Providing your "foreign status" or "Identity".

"If you submit an original valid passport (or a cerfitifed copy from the issuing agency) you do not need to submit any other documents to prove your "foreign status" or "identity". this is then followed by a bunch of other vergiage but is by far the best option.

Ok, my only and last question on this is this. I am sure no one wants to send in wife's or dependents origional passport, anymore than I would send in my own. So, the bottom line on this is just what do they accept as "certified by the issuing agency". She and her daughter both have Thai passports but not about to send them in with my tax return. So the question is just what justifies, and is accepted by the IRS as a valid certified copy................. Do you remember Westsail what you did to document this. Or do others know how they did it. I guess I am wondering if this means we just make a copy of their passports here in Hua Hin at my Attorney's office, or does this mean we have to go to Bangkok somewhere to get them "certified by the issuing agency"...........

Thanks Again Westsail, as your info is spot on. I am just trying to put the final nails in this one, and in this case, it means I need to know just where I can get this "certified by the issuing agency"....................

All help truly is greatly appreciated so I can put this one to bed.................

Most Sincerely

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"My reason for being pro active on getting it registered prior to the DCF application is I guess I am thinking it best to get the marriage "recognized" and filed with the US government before I start the DCF visa process. Seems that it would go over better with them if it was already in place before we started the process. Also, on the off chance that something were to happen to me before the darn visa process (as we all know, can be quick, can be lengthy) is completed I would then know that she is going to be recognized by the US courts as my wife when it comes to settling up my estate. From what I have been able to read, yes, the marriage is legal and binding via the Thai government, but the US government has no way of knowing about it until I file it with them.............. Anyway, that is my reason in wanting to get it filed via the USCIS ahead of the DCF."

The USCIS office here in Bangkok will not accept your Thai marriage certificate before you start the DCF process. You'll include it as part of the package of materials along with filing the form I-130. The USCIS does not have any means to "recognize" your marriage ahead of time.

Once you're married at the amphur, the marriage is locked in, including with the U.S. government, state governments, courts, etc. You're married and in case you croak, your wife will have this U.S. government recognized marriage certificate. It has nothing to do with the USCIS office.

Indeed, if for one reason or another you decide not to process the U.S. immigration papers for your wife and decide to remain here in Thailand, you are still married and the Thai marriage certificated issued by the amphur is still 100% good for any requirement of the U.S. government.

Mac

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"My reason for being pro active on getting it registered prior to the DCF application is I guess I am thinking it best to get the marriage "recognized" and filed with the US government before I start the DCF visa process. Seems that it would go over better with them if it was already in place before we started the process. Also, on the off chance that something were to happen to me before the darn visa process (as we all know, can be quick, can be lengthy) is completed I would then know that she is going to be recognized by the US courts as my wife when it comes to settling up my estate. From what I have been able to read, yes, the marriage is legal and binding via the Thai government, but the US government has no way of knowing about it until I file it with them.............. Anyway, that is my reason in wanting to get it filed via the USCIS ahead of the DCF."

The USCIS office here in Bangkok will not accept your Thai marriage certificate before you start the DCF process. You'll include it as part of the package of materials along with filing the form I-130. The USCIS does not have any means to "recognize" your marriage ahead of time.

Once you're married at the amphur, the marriage is locked in, including with the U.S. government, state governments, courts, etc. You're married and in case you croak, your wife will have this U.S. government recognized marriage certificate. It has nothing to do with the USCIS office.

Indeed, if for one reason or another you decide not to process the U.S. immigration papers for your wife and decide to remain here in Thailand, you are still married and the Thai marriage certificated issued by the amphur is still 100% good for any requirement of the U.S. government.

Mac

Thanks Again Mac.

Very good info on how and when to apply through the DCF services division, and greatly appreciated. Onward I go.

Ony thing I am not clear on is the separate issue on what the IRS sees as "a certified copy by the issuing agency" of passport to provide as proof of marriage for tax purposes.

Surly there are those out there that have had to do this. While I have noted that Westsail attached a copy of his marriage certificate and it was accepted. I note that on the IRS tax form instructions the passport only is the one "lone" document that they will accept based on the nine page instructions along with the form W-7 for getting a TIN for a new spouse at the time I file my next tax return. And it must either be the origional, or a "certified copy from the issuing agency".

Sorry again about beating this to death but the question remains, where do I get the Wife and daughters passports certified so that I can attach them to my next tax return. I do again note that Westsail attached a copy of his marriage certificate, and this was accepted, and I appreciate the info but this is not what it looks to me that they are asking for, at least on the instructions I am reading.

I know I am beating this bush to death, but based on the tax code, I need a "certified copy by the issuing agency"......... Anyone gone this route? And if so where did you have to go to get it certified. I am hoping to not have to spend the day in Bangkok if this is something that can be done locally....... Any guidance, direction greatly appreciated and many thanks for clarity on everything else. Truly greatly appreciated.

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"My reason for being pro active on getting it registered prior to the DCF application is I guess I am thinking it best to get the marriage "recognized" and filed with the US government before I start the DCF visa process. Seems that it would go over better with them if it was already in place before we started the process. Also, on the off chance that something were to happen to me before the darn visa process (as we all know, can be quick, can be lengthy) is completed I would then know that she is going to be recognized by the US courts as my wife when it comes to settling up my estate. From what I have been able to read, yes, the marriage is legal and binding via the Thai government, but the US government has no way of knowing about it until I file it with them.............. Anyway, that is my reason in wanting to get it filed via the USCIS ahead of the DCF."

The USCIS office here in Bangkok will not accept your Thai marriage certificate before you start the DCF process. You'll include it as part of the package of materials along with filing the form I-130. The USCIS does not have any means to "recognize" your marriage ahead of time.

Once you're married at the amphur, the marriage is locked in, including with the U.S. government, state governments, courts, etc. You're married and in case you croak, your wife will have this U.S. government recognized marriage certificate. It has nothing to do with the USCIS office.

Indeed, if for one reason or another you decide not to process the U.S. immigration papers for your wife and decide to remain here in Thailand, you are still married and the Thai marriage certificated issued by the amphur is still 100% good for any requirement of the U.S. government.

Mac

Thanks Again Mac.

Very good info on how and when to apply through the DCF services division, and greatly appreciated. Onward I go.

Ony thing I am not clear on is the separate issue on what the IRS sees as "a certified copy by the issuing agency" of passport to provide as proof of marriage for tax purposes.

Surly there are those out there that have had to do this. While I have noted that Westsail attached a copy of his marriage certificate and it was accepted. I note that on the IRS tax form instructions the passport only is the one "lone" document that they will accept based on the nine page instructions along with the form W-7 for getting a TIN for a new spouse at the time I file my next tax return. And it must either be the origional, or a "certified copy from the issuing agency".

Sorry again about beating this to death but the question remains, where do I get the Wife and daughters passports certified so that I can attach them to my next tax return. I do again note that Westsail attached a copy of his marriage certificate, and this was accepted, and I appreciate the info but this is not what it looks to me that they are asking for, at least on the instructions I am reading.

I know I am beating this bush to death, but based on the tax code, I need a "certified copy by the issuing agency"......... Anyone gone this route? And if so where did you have to go to get it certified. I am hoping to not have to spend the day in Bangkok if this is something that can be done locally....... Any guidance, direction greatly appreciated and many thanks for clarity on everything else. Truly greatly appreciated.

For ease of filing and getting the ITIN I would just send in their original passports to prove identity, says it takes about 60 days to get back, worst case you can get new passports if the passports don't come back. Thai passports are cheap and quick to get, so no reason to waste the money or time on having the embassy authenticate documents as I suspect will need two documents authenticated per ITIN. I would guess doing it locally you will need to have them translated also, by the time you pay for translations, pay for a certified copy from whatever Thai agency, you will have already overspent what new passports would have cost.

But as Mac said focus on the USCIS paperwork and worry about taxes later as you have until Apr to file. Get their SSN when they get to the USA, if it is going to be after April, file for an extension or do an amended return when you get their SSN's.

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Based on what you posted I say first get rid of the Thai lawyer you are using because it does not required one to hired one to get married and have it register. The information provided it seems you are going backwards and it seems that the Attorney is learning while he goes? I've had this happen to me many times until I finally learn first hand.

As for Immigration issue which you have many and I say again just because he or she is a Attorney does not mean they understand the process. Here is who I used a few years ago to take care of everything. This women and her brother both Thai were raised in Las Vegas and educated in San Francisco and when you speak to her perfect English and she knows the process! All I did was sit back and show up whenever I was needed and everything was translated to her in Thai...

TSL & Associate (Thailand) C. LTD.. Virgina LY Email [email protected] Mobile 080 2324111

130-12 Sindhorn Building 2nd Floor Tower 1 across the street from US Embassy red brick building

Wireless Road, Lumpini, Patumwan, Bangkok 10230

Tel 02-251 8130 or 8131 Website www.tslthailand.com

When it was time to take my family to US. had all the documents including when I would get the S.S. number for them...

THE LAST THING YOU NEED TO WORRY ABOUT IS YOUR TAX RETURN UNLESS CLAIMING THEM IS GOING TO GET YOU A HUGE REFUND! YOUR PROBLEM IS IN IMMIGRATION!

good luck!

TSL, and Virginia have moved offices to the Trendy Bldg. Soi 13, about 50m on right off Sukhumvit.

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When do you do your next IRS 1040? February, March?

Seems to me your business with USCIS and the immigrant visas is your first priority now, IRS can follow later.

Mac

Mac,

Sorry for the late reply. Fricken storm took out my internet for the past four days............

I agree with you and again, greatly appreciate you taking the time to give me some solid advice on this one. We are working out the dates to get married now. Sometime in the next few weeks. Wills, pre nups, reviews, yeah, the wheels turn darn slow sometimes but I am still going to get this done "this tax year". I cannot file for the marriage visa until we get married so I am sorry if I did not make this clear as we are not yet married. There is no problems with the marriage process, it is just typical Attorney time lag, no different than if I were doing it back in the states..

I know my TIN is just one question concerning form W-7 but I am though still a little surprised that I cannot find anyone to tell me how they have satisfied the requirements of the IRS in claiming their Thai wife on their tax return ahead of the Thai wife ever immigrating, 'if ever" to the US. You must get the TIN, but to get it, you flat out must fill out form W-7 and attach it to your tax return. Form W-7 is very specific on what you are required to send in. It wants "certified by the issuing agency" documentation for anything sent in unless you send in the original's. . I do not want to send in my wife and daughters "original" passports, anymore than I would ever send mine anywhere by mail. The risk of it getting lost is just to high for my comfort level. I do recognize that one noted he just attached "proof of his marriage" but nowhere that I can find on the nine page instructions does it even offer that as an approved document..

Beat the bush to death, yeah, I know and I am sorry about that. I am just trying to put this one question to bed. I know I got plenty of time Mac but darn, sometimes these things take time to get processed. I fly back to the states early next year, I need to have that "certified copy" in hand when I go.

Bottom line question to anyone married to Thai wife but still living in Thailand but filing a US tax return, is just where the heck did you get your wifes passport "certified by the issuing agency" to attach this to the front of your tax return so she could get a "TIN", taxpayer Identification Number...............

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Based on what you posted I say first get rid of the Thai lawyer you are using because it does not required one to hired one to get married and have it register. The information provided it seems you are going backwards and it seems that the Attorney is learning while he goes? I've had this happen to me many times until I finally learn first hand.

As for Immigration issue which you have many and I say again just because he or she is a Attorney does not mean they understand the process. Here is who I used a few years ago to take care of everything. This women and her brother both Thai were raised in Las Vegas and educated in San Francisco and when you speak to her perfect English and she knows the process! All I did was sit back and show up whenever I was needed and everything was translated to her in Thai...

TSL & Associate (Thailand) C. LTD.. Virgina LY Email [email protected] Mobile 080 2324111

130-12 Sindhorn Building 2nd Floor Tower 1 across the street from US Embassy red brick building

Wireless Road, Lumpini, Patumwan, Bangkok 10230

Tel 02-251 8130 or 8131 Website www.tslthailand.com

When it was time to take my family to US. had all the documents including when I would get the S.S. number for them...

THE LAST THING YOU NEED TO WORRY ABOUT IS YOUR TAX RETURN UNLESS CLAIMING THEM IS GOING TO GET YOU A HUGE REFUND! YOUR PROBLEM IS IN IMMIGRATION!

good luck!

TSL, and Virginia have moved offices to the Trendy Bldg. Soi 13, about 50m on right off Sukhumvit.

Thanks,

Do greatly appreciate the advice and information. And sure as heck agree I have ran the gauntlet myself a few times with attorneys that did more harm than good on other ventures. To be true though, this statement apply s to both the states and Thailand.

Just to be clear. I am using "two" attorneys to file our marriage. One Thai, the other English. Wills, Pre Nup's, the works, and want both to ensure that all is registered properly at the Ampur. I do know I do not need them, I just feel better doing it this way. I am not going to advertise for them here but they are doing what I pay them to do. I am sorry but with pre nup's, will's, (yes, I have a separate one for the stateside assets) I have a hell of a time understanding Thai, and I sure as heck cannot read it. I like to know what I am signing. And this is why I am using Attorney's to walk us through the process up to and leading through filing the marriage and all the documents along with the registration of the marriage.

As for the reason for the TIN, it has nothing to do with me getting a bigger tax return, it is just simply to stay true to the intent of the tax code and filing a correct tax return. I have an accountant, have had for decades, he is going to want proper documentation, as always. I also just have a hunch, but do not know, that filing it correctly, and having my wife show up on my tax return can at best do no harm when I am then proceeding with the marriage visa. Based of course on being married, and if married, well to me that means I best document this on my tax return. Only option would be to file married but filing separately, and there is no good reason to do that.

So, as I noted with Mac. Just what the heck did you do, or others do, to comply with IRS form W-7 and get a TIN for a Thai wife that has not immigrated to the US "yet or ever". As for this, you flat out need a TIN and there is no way to get the SSN until they have immigrated.

Thanks again and do appreciate the good advice, and the contact info for the attorney. Greatly appreciated.

Most Sincerely

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Based on what you posted I say first get rid of the Thai lawyer you are using because it does not required one to hired one to get married and have it register. The information provided it seems you are going backwards and it seems that the Attorney is learning while he goes? I've had this happen to me many times until I finally learn first hand.

As for Immigration issue which you have many and I say again just because he or she is a Attorney does not mean they understand the process. Here is who I used a few years ago to take care of everything. This women and her brother both Thai were raised in Las Vegas and educated in San Francisco and when you speak to her perfect English and she knows the process! All I did was sit back and show up whenever I was needed and everything was translated to her in Thai...

TSL & Associate (Thailand) C. LTD.. Virgina LY Email [email protected] Mobile 080 2324111

130-12 Sindhorn Building 2nd Floor Tower 1 across the street from US Embassy red brick building

Wireless Road, Lumpini, Patumwan, Bangkok 10230

Tel 02-251 8130 or 8131 Website www.tslthailand.com

When it was time to take my family to US. had all the documents including when I would get the S.S. number for them...

THE LAST THING YOU NEED TO WORRY ABOUT IS YOUR TAX RETURN UNLESS CLAIMING THEM IS GOING TO GET YOU A HUGE REFUND! YOUR PROBLEM IS IN IMMIGRATION!

good luck!

TSL, and Virginia have moved offices to the Trendy Bldg. Soi 13, about 50m on right off Sukhumvit.

Thailand49,

Could you please send me a message so I can review some stuff with you. I tried sending you a message and I kept getting an error message.

Thanks Again

Most Sincerely

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OK,

Now that this old dog has beat his head against the wall for a few weeks. And I have been given some great info, I think I have a plan. On the W-7 form, it does state one "alternative" option for getting the paperwork "certified by the issuing agency" is to try and go through the Counselor Services Division of your home country at the Embassy. In this case, that would be in the building next to the US embassy on the 15th floor.

Mac,

Thanks again for many bits of insight, and thanks again for sending me a while back this very same contact info. Though at the time, I did not think or know that it was an option for getting this paperwork done. . Yeah, I am, was, and most likely always will be a bit confused over just when we use them, versus when we go to the USCIS across the road. All I know is that for across the road, you must make the appointment online, for the counselor services, you must call and make it by phone. And they are only open 8:30 am until noon.

Counselor services is the office on the 15th floor next to the US Embassy and Mac provided the contact info for them on this string a while back. I will be giving them a call in the morning to see if they will provide this "alternative" form of certification, and yes, it is the only one that the IRS accepts outside of it being given by the "issuing agency" for whatever document it is you need certified.

God I am so curious just what the hell others are or have been doing in the past. ..........................You get married to a Thai girl, you and/or she still live in Thailand, she does not yet or you have no plans to get her a visa, you file a US based tax return. With these conditions, your wife "cannot" have a SSN. For you to file a proper tax return so you "must" have a TIN for them.

&lt;deleted&gt;............................................ I am not a paranoid type, but filing a proper tax return is pretty standard stuff? To do that, you must have provided the "certified by the issuing agency" documentation along with the W-7 form to get your wife a TIN to file the return or for darn sure to have "my" accountant file my return?

Thanks Again to All I truly appreciate all input, advice, suggestions solid information and pm's.

Most Sincerely

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"Counselor services is the office on the 15th floor next to the US Embassy and Mac provided the contact info for them on this string a while back. I will be giving them a call in the morning to see if they will provide this "alternative" form of certification, and yes, it is the only one that the IRS accepts outside of it being given by the "issuing agency" for whatever document it is you need certified."

The 15th floor building is the USCIS office, not the U.S Embassy Consular Section, with is across the road from the new embassy building.

It's the Consular Section that handles immigrant visas, after approval by USCIS either in the U.S. or here, in the case of DCF. In the same building, same entrance, is the ACS, American Citizens Service section.

Mac

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The Department of State has retained the visa power despite USCIS having almost complete control of immigration to the US.

USCIS have an excellent website and office in Bangkok. If you take your time and read through the USCIS web pages you will be able to make your own conclusions as to what to do.

Once you have filed an application with USCIS and they have approved your application, you then have to do the same thing over again with the Embassy in BKK who controls the visa. Once you get their approval and a temporary green card for you wife, then USCIS takes over again and controls your wife's immigration at the port of entry and afterward.

You can email USCIS BKK and they will answer your questions. Thus your first question is will they accept a Thai legal wedding in order for you to obtain a green card for your wife. If not, off to the US to get married while she is on a tourist visa.

If you are not sure if you have proof of a legal Thai wedding, there are many on ThaiVisa who can answer that question authoritatively. I am sure a ceremony alone is not enough. A visit to city hall to fill out documents etc. will do the trick, I think. I went the US marriage route and then filed with USCIS and the Embassy and am now about four days from getting a temporary permanent resident card and immigrant visa. You will pay fees at USCIS, BKK Embassy and green card processing fee prior to entry into the US.

If you don't live in BKK, your wife will have to go there for an Embassy interview and get a police clearance. You will also have to post on the National Immigration Web Site you and your wifes personal history including all residences she has had for over a year, all prior passports, etc. The Embassy web pages and detailed instruction for everything will be emailed to you once USCIS has approved you and their forwarding of your paperwork to the Embassy triggers you receiving a packet of instructions to begin the immigration visa process. The Embassy will not deal with you over the phone or personal visit. Their immigration unit will answer emails once they have received the forwarded documents from USCIS and assigned you an immigration visa application number etc.

When you prepare your package for USCIS do so for the Embassy as they require you to forward a completely new package. No reference to the USCIS package forwarded to them is permitted.

I found the process frustrating do to unique personal situations of myself and spouse, so those who say it is easy must have not done it recently or have extremely vanilla backgrounds, no foreign travel or the like. You will be required to provide your last tax return with evidence it was filed with the IRS. There is an online service that can do it for you in a couple of days for a fee. IRS takes weeks plus snail mail to get you the filed return.

As with all visas, they do look at the length of your relationship and if not legally married for two years or more, you will get a provisional green card that causes you to go through the process again 90 days before the end of the two year probationary period of the temporary green card.

You must also show a US residence or efforts to locate permanently there with bank accounts opened, etc. It is covered in both websites under residence requirements.

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OP - I did an ITIN for my Thai wife for TY 2006 (married October 2006, she entered the US in late April 2007 on a K3 visa). We went to the US Embassy Citizens Services area and had a copy of her Thai passport certified (per item 2 at the bottom of the link):

http://www.irs.gov/Individuals/International-Taxpayers/Obtaining-an-ITIN-from-Abroad

I know some of the rules have changed regarding ITINs since 2007, but that is what worked for us. The only other way to do it without sending in the original passport is to go to an IRS "acceptance agency". The nearest is in Manila. Certain international accounting firms are also shown as acceptance agents, but I do not know if they have offices in Thailand.

http://www.irs.gov/Individuals/Acceptance-Agent-Program

With regards to getting married, we followed the procedure shown on the Embassy's website:

http://bangkok.usembassy.gov/service/marriage.html

We used AC Services for the translations required and they took the forms to the MFA for the 'legal' stamps required in Thailand. Took them 2 days and we returned to pick them up then married at Bangrak amphur.

Can't help on the DCF as we filed for a K3 in the USA (no longer a valid option).

With regards to filing taxes, as someone mentioned before the alternative is to file an extension giving you until October 15th to file next year. Hopefully if you can go DCF, your wife and daughter will be in the USA and have a SSN. If not, you can file MFS then file an amended return to MFJ once she has her SSN (if it improves your tax situation). When you file the first return after being married, she most likely will have to declare she is a non-resident alien married to a US citizen and wants to be considered resident for tax purposes for tax year 2014.

http://www.irs.gov/publications/p519/ch01.html#en_US_2013_publink1000222193

"

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

If you file a joint return under this provision, the special instructions and restrictions for dual-status taxpayers in chapter 6 do not apply to you.

Example.

Bob and Sharon Williams are married and both are nonresident aliens at the beginning of the year. In June, Bob became a resident alien and remained a resident for the rest of the year. Bob and Sharon both choose to be treated as resident aliens by attaching a statement to their joint return. Bob and Sharon must file a joint return for the year they make the choice, but they can file either joint or separate returns for later years.

How To Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

  • A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

  • The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)"

Best of luck!

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With regards to DCF, USCIS usually requires you reside in the foreign country for six months.

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

What type of visa have you been on in Thailand? If a retirement visa, you should be fine. If you have been using short term visas (enter/exit every 30 days) then it is less likely that the Embassy will allow you to file DCF as you may be considered a long term tourist as opposed to being 'resident'.

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First, go the the consulate and get the affidavit notarized about any of your previous marriages, and take that to the Thai Ministry of Foreign Affairs (30 minutes by taxi), and get "approval" to get married to a Thai. You will need certified translations of any divorce decrees, and note, they must be final decrees! Sometimes clerks in the States forget to update the decree, so check. Get to the MFA by 7 am and you will get out before noon. They start processing long before they "open!" Nice people too, bad experience stories are typically BS. Don't sweat it.

Then get married at Bangrak amphur. We did in September, and it cost us 45 minutes and 40 baht (official) and since we had no witnesses, a 100 baht donation to something-or-other in a plastic box on her desk. Nice office, helpful people.

Then you file a form I-130, "Petition for Alien Relative" at the USCIS ($420) across the street from the American consulate (building is under renovation, easy to spot). Since you have resided here at least 6 months uninterrupted, this is your right, and greatly speeds the process, cutting up to 8 months off.

In reality, there is no such thing as a DCF (Direct Consular Filing) in Thailand. Since there is an immigration field office in Bangkok, it is simply a matter of filing the I-130 at the USCIS. In other words, you are not filing with the consulate, but with the USCIS (who are also very helpful, the lady who takes the app is a wonderful person).

They will approve in a matter of days (ours was 7 days), notify you of such, and forward to the visa section at the consulate, who will notify you you can proceed.

Here's a note: unlike the consulate, the USCIS does not require translations to be certified. You or your wife can do them, and save time and money.

Before any visas are issued, you will need to provide proof of legal domicile in the States, and an income about 125% of poverty level for you and your wife, plus additional for dependents.

You will be seeking a CR-1 visa.

PM me with any questions. Please number them and make them short, I'm busy as heck right now ...

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"Counselor services is the office on the 15th floor next to the US Embassy and Mac provided the contact info for them on this string a while back. I will be giving them a call in the morning to see if they will provide this "alternative" form of certification, and yes, it is the only one that the IRS accepts outside of it being given by the "issuing agency" for whatever document it is you need certified."

The 15th floor building is the USCIS office, not the U.S Embassy Consular Section, with is across the road from the new embassy building.

It's the Consular Section that handles immigrant visas, after approval by USCIS either in the U.S. or here, in the case of DCF. In the same building, same entrance, is the ACS, American Citizens Service section.

Mac

Sorry Mac, and thanks for the correction and all the great info. Man oh Man do I ever get these two, no make that three separate offices confused.

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The Department of State has retained the visa power despite USCIS having almost complete control of immigration to the US.

USCIS have an excellent website and office in Bangkok. If you take your time and read through the USCIS web pages you will be able to make your own conclusions as to what to do.

Once you have filed an application with USCIS and they have approved your application, you then have to do the same thing over again with the Embassy in BKK who controls the visa. Once you get their approval and a temporary green card for you wife, then USCIS takes over again and controls your wife's immigration at the port of entry and afterward.

You can email USCIS BKK and they will answer your questions. Thus your first question is will they accept a Thai legal wedding in order for you to obtain a green card for your wife. If not, off to the US to get married while she is on a tourist visa.

If you are not sure if you have proof of a legal Thai wedding, there are many on ThaiVisa who can answer that question authoritatively. I am sure a ceremony alone is not enough. A visit to city hall to fill out documents etc. will do the trick, I think. I went the US marriage route and then filed with USCIS and the Embassy and am now about four days from getting a temporary permanent resident card and immigrant visa. You will pay fees at USCIS, BKK Embassy and green card processing fee prior to entry into the US.

If you don't live in BKK, your wife will have to go there for an Embassy interview and get a police clearance. You will also have to post on the National Immigration Web Site you and your wifes personal history including all residences she has had for over a year, all prior passports, etc. The Embassy web pages and detailed instruction for everything will be emailed to you once USCIS has approved you and their forwarding of your paperwork to the Embassy triggers you receiving a packet of instructions to begin the immigration visa process. The Embassy will not deal with you over the phone or personal visit. Their immigration unit will answer emails once they have received the forwarded documents from USCIS and assigned you an immigration visa application number etc.

When you prepare your package for USCIS do so for the Embassy as they require you to forward a completely new package. No reference to the USCIS package forwarded to them is permitted.

I found the process frustrating do to unique personal situations of myself and spouse, so those who say it is easy must have not done it recently or have extremely vanilla backgrounds, no foreign travel or the like. You will be required to provide your last tax return with evidence it was filed with the IRS. There is an online service that can do it for you in a couple of days for a fee. IRS takes weeks plus snail mail to get you the filed return.

As with all visas, they do look at the length of your relationship and if not legally married for two years or more, you will get a provisional green card that causes you to go through the process again 90 days before the end of the two year probationary period of the temporary green card.

You must also show a US residence or efforts to locate permanently there with bank accounts opened, etc. It is covered in both websites under residence requirements.

Thanks for sharing all this. Greatly appreciated. And also agree on your thoughts about each situation being different. Great verbiage. Thanks Again

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OP - I did an ITIN for my Thai wife for TY 2006 (married October 2006, she entered the US in late April 2007 on a K3 visa). We went to the US Embassy Citizens Services area and had a copy of her Thai passport certified (per item 2 at the bottom of the link):

http://www.irs.gov/Individuals/International-Taxpayers/Obtaining-an-ITIN-from-Abroad

I know some of the rules have changed regarding ITINs since 2007, but that is what worked for us. The only other way to do it without sending in the original passport is to go to an IRS "acceptance agency". The nearest is in Manila. Certain international accounting firms are also shown as acceptance agents, but I do not know if they have offices in Thailand.

http://www.irs.gov/Individuals/Acceptance-Agent-Program

With regards to getting married, we followed the procedure shown on the Embassy's website:

http://bangkok.usembassy.gov/service/marriage.html

We used AC Services for the translations required and they took the forms to the MFA for the 'legal' stamps required in Thailand. Took them 2 days and we returned to pick them up then married at Bangrak amphur.

Can't help on the DCF as we filed for a K3 in the USA (no longer a valid option).

With regards to filing taxes, as someone mentioned before the alternative is to file an extension giving you until October 15th to file next year. Hopefully if you can go DCF, your wife and daughter will be in the USA and have a SSN. If not, you can file MFS then file an amended return to MFJ once she has her SSN (if it improves your tax situation). When you file the first return after being married, she most likely will have to declare she is a non-resident alien married to a US citizen and wants to be considered resident for tax purposes for tax year 2014.

http://www.irs.gov/publications/p519/ch01.html#en_US_2013_publink1000222193

"

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

If you file a joint return under this provision, the special instructions and restrictions for dual-status taxpayers in chapter 6 do not apply to you.

Example.

Bob and Sharon Williams are married and both are nonresident aliens at the beginning of the year. In June, Bob became a resident alien and remained a resident for the rest of the year. Bob and Sharon both choose to be treated as resident aliens by attaching a statement to their joint return. Bob and Sharon must file a joint return for the year they make the choice, but they can file either joint or separate returns for later years.

How To Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

  • A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

  • The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)"

Best of luck!

Roger on all the above, and 100% correct.

OP - I did an ITIN for my Thai wife for TY 2006 (married October 2006, she entered the US in late April 2007 on a K3 visa). We went to the US Embassy Citizens Services area and had a copy of her Thai passport certified (per item 2 at the bottom of the link):

I just made the phone call earlier this morning and this in fact is exactly what we are now going to do. When I called on the phone to see if this could be done there she flat out knew exaclty what I was talking about, and all about the W-7 form requirements. And stated for her to make an appointment and to get it done. .

God bless for the confirmation of the process.

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  • 2 weeks later...

@OP,

Couple of comments.

The US does not honor your Thai marriage. So you coming over with her and being married in Thailand means very little. You need to complete the process in the US. It makes EVERYTHING way easier.

TravelerEastWest stated she can immediately come and work in the US. That is not true. She cannot. She does not have a SSN and greencard in hand and both are absolutely required to work legally(I used the term "legally")

As for tax purposes. You cannot claim your wife or child until they have a SSN. You need to apply for all of that once you have immigrated here. That is part of the naturalization process. While the US is noted for just giving out money, they are not going to blatantly just allow people to claim dependents on your tax return with out some sort of number. If they did expats would claim they have a family of 20. This is why my wife and I married here in the states and did not in Thailand. It had no benefits whatsoever to get married in Thailand. Eventually when we move back we will do a Thai wedding to appease the Thai family side.

Best is to apply for a Fiance Visa and start the process. No lawyer needed. Just us the US Gov process.

Best of Luck

JAFO,

Are you saying the laws have changed recently? Quite possible as I posted.

However, unless the laws have changed when you marry in Thailand as I suggested and then get a wife visa to live in Thailand - from the moment she arrives in America and gets her passport stamped by US immigration can work. This is a fact (or at least was a fact)

I base my statement on real life experience.

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@OP,

Couple of comments.

The US does not honor your Thai marriage. So you coming over with her and being married in Thailand means very little. You need to complete the process in the US. It makes EVERYTHING way easier.

TravelerEastWest stated she can immediately come and work in the US. That is not true. She cannot. She does not have a SSN and greencard in hand and both are absolutely required to work legally(I used the term "legally")

As for tax purposes. You cannot claim your wife or child until they have a SSN. You need to apply for all of that once you have immigrated here. That is part of the naturalization process. While the US is noted for just giving out money, they are not going to blatantly just allow people to claim dependents on your tax return with out some sort of number. If they did expats would claim they have a family of 20. This is why my wife and I married here in the states and did not in Thailand. It had no benefits whatsoever to get married in Thailand. Eventually when we move back we will do a Thai wedding to appease the Thai family side.

Best is to apply for a Fiance Visa and start the process. No lawyer needed. Just us the US Gov process.

Best of Luck

JAFO,

Are you saying the laws have changed recently? Quite possible as I posted.

However, unless the laws have changed when you marry in Thailand as I suggested and then get a wife visa to live in Thailand - from the moment she arrives in America and gets her passport stamped by US immigration can work. This is a fact (or at least was a fact)

I base my statement on real life experience.

TravelerEastWest,

"when you marry in Thailand as I suggested and then get a wife visa to live in Thailand"

^Not sure what you are saying above

She cannot work in the US(legally) without a TIN (Tax ID number). Having her Thai passport stamped at customs means little for employment. All companies now require an i9 form be filled out with copies of her Greencard, SSN or H2 Work visa permit for which is proof of residency and or citizenship. These go hand in hand with a W4 on her first day of work. Now if she is a citizen of the US she would already have a TIN as it is part of acquiring a US Passport and becoming a citizen.

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@OP,

Couple of comments.

The US does not honor your Thai marriage. So you coming over with her and being married in Thailand means very little. You need to complete the process in the US. It makes EVERYTHING way easier.

TravelerEastWest stated she can immediately come and work in the US. That is not true. She cannot. She does not have a SSN and greencard in hand and both are absolutely required to work legally(I used the term "legally")

As for tax purposes. You cannot claim your wife or child until they have a SSN. You need to apply for all of that once you have immigrated here. That is part of the naturalization process. While the US is noted for just giving out money, they are not going to blatantly just allow people to claim dependents on your tax return with out some sort of number. If they did expats would claim they have a family of 20. This is why my wife and I married here in the states and did not in Thailand. It had no benefits whatsoever to get married in Thailand. Eventually when we move back we will do a Thai wedding to appease the Thai family side.

Best is to apply for a Fiance Visa and start the process. No lawyer needed. Just us the US Gov process.

Best of Luck

JAFO,

Are you saying the laws have changed recently? Quite possible as I posted.

However, unless the laws have changed when you marry in Thailand as I suggested and then get a wife visa to live in Thailand - from the moment she arrives in America and gets her passport stamped by US immigration can work. This is a fact (or at least was a fact)

I base my statement on real life experience.

TravelerEastWest,

"when you marry in Thailand as I suggested and then get a wife visa to live in Thailand"

^Not sure what you are saying above

She cannot work in the US(legally) without a TIN (Tax ID number). Having her Thai passport stamped at customs means little for employment. All companies now require an i9 form be filled out with copies of her Greencard, SSN or H2 Work visa permit for which is proof of residency and or citizenship. These go hand in hand with a W4 on her first day of work. Now if she is a citizen of the US she would already have a TIN as it is part of acquiring a US Passport and becoming a citizen.

JAFO<

I am certain you and others mean well but all these visa and tax issues are very easy to work through typically without a lawyer and while overseas.

America is a relaxed country.

1) Marriages that are registered Thailand are 100% valid in the US. Note registered does not mean a monk wedding it means registering with the Thai government - only a few minutes and a low fee perhaps 500 baht - worth it for the colorful certificate alone.

2) Customs has nothing to do with the ability to work

3) Immigration stamped my wife's passport as eligible to work the moment she received her immigration entry stamp.

4) SS cards are easy to get at the same time as your visa - so your comments about needing a SS card are a non issue. Even if you forget to apply for a SS card before going to the US it only takes a few minutes to apply. Having a SS number or TIN for noncitizens does not allow you to work - it is your legal immigration status.

From the SS website:

"You can apply in your home country
before you come to the United States when
filing an application for an immigrant
visa with the U.S. Department of State. In
almost all cases, if you apply for a Social
Security number and card with your
immigrant visa application, you do not
have to visit a Social Security office in the United States"
Becoming a citizen is also easy but thats another topic...
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Travel East and West,

Firstly I absolutely refute America is a relaxed country. It simply is not anymore. With that said I will say that the process is easy to navigate and acquire all the required documents to bring your spouse. The US Gov Immigration site is easy to use it just takes time and money. Now the spouse cannot just land here and go to work as you are leading people to believe. I have done this process for my wife and have met many others that have. She can enter the country as your wife but until she has all the proper information in the system and in hand she cannot work(legally). Along with bringing my wife here to the states I have brought many Thai nationals over to the US to train on manufacturing processes and know the H1/2 Visa process well.

Now I absolutely agree with you, you do not need an attorney to do this its a waste of money. I also agree you can start much of the process in Thailand. But a VISA stamp in a passport is nothing more than a VISA stamp to be here(unless she has an H1/2). She has quite a few things to complete here prior to launching off into the wild west.

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If the spouse enters on a IR-1/CR-1 Visa they can work immediately, those visa's come with a permanent resident card on arrival. Obviously they still need to have SSN/ITIN when going to work, however that is trivial to get once in the US, took us about a week to receive when we filed for the SSN.

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If the spouse enters on a IR-1/CR-1 Visa they can work immediately, those visa's come with a permanent resident card on arrival. Obviously they still need to have SSN/ITIN when going to work, however that is trivial to get once in the US, took us about a week to receive when we filed for the SSN.

Absolutely Aaron. Maybe "LivingEastandWest" was not mentioning that which was misleading. His comment made it sound like they stamp your Passport at entry to the US and they can go work. Its simply not that way.

As you mentioned they still need a SSN and a Permanent resident card. Those credentials are asked for on the i9 form. Without them they are not eligible to be hired.

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In regards to a tin number. I can say my thai wife has one based on our thai marriage. I claim her on my us tax returns every year. It was simple to get but required sending my wifes thai passport to texas i believe.

If your marriage was done officially at an Amphur its deemed legit. You can send that document with passport to acquire a TIN number for dependent reasons and can be done at the US consulate, same goes for children albeit it is a bit more complicated. Adoption is complicated.

I good friend of mine just did this for his wife and Son. Took about 3 months for it all to complete its cycle.

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Travel East and West,

Firstly I absolutely refute America is a relaxed country. It simply is not anymore. With that said I will say that the process is easy to navigate and acquire all the required documents to bring your spouse. The US Gov Immigration site is easy to use it just takes time and money. Now the spouse cannot just land here and go to work as you are leading people to believe. I have done this process for my wife and have met many others that have. She can enter the country as your wife but until she has all the proper information in the system and in hand she cannot work(legally). Along with bringing my wife here to the states I have brought many Thai nationals over to the US to train on manufacturing processes and know the H1/2 Visa process well.

Now I absolutely agree with you, you do not need an attorney to do this its a waste of money. I also agree you can start much of the process in Thailand. But a VISA stamp in a passport is nothing more than a VISA stamp to be here(unless she has an H1/2). She has quite a few things to complete here prior to launching off into the wild west.

JAFO,

I repeat:

3) Immigration stamped my wife's passport as eligible to work the moment she received her immigration entry stamp.

Please read carefully I did not say that the VIsa was what made working allowed I said the immigration stamp (at the airport)

4) SS cards are easy to get at the same time as your visa - so your comments about needing a SS card are a non issue. Even if you forget to apply for a SS card before going to the US it only takes a few minutes to apply. Having a SS number or TIN for noncitizens does not allow you to work - it is your legal immigration status.

Again a SS card is a non issue - why wouldn't you get it at the same time as the marriage visa? So your visa and SS number are in the system before you arrive in America. Immigration reviews at the airport upon arrival and stamps your passport as eligible to work.

As for America being a relaxed country you are entitled to your personal opinion which I respect - for me tax returns visas etc are simple as they are in English and that is all I need. For a complex tax return you have a CPA prepare the return.

In summary I am 100% certain that what I described is what my wife experienced - end of story - has the rules changed maybe I don't know...

A "green card" visa was simple a few forms, medical test and a fee - done - citizenship as soon as 2 years later contrast that with Thailand and other countries... it is like night and day - America is very relaxed about this subject. How much easier can it get?

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Travel East and West,

Firstly I absolutely refute America is a relaxed country. It simply is not anymore. With that said I will say that the process is easy to navigate and acquire all the required documents to bring your spouse. The US Gov Immigration site is easy to use it just takes time and money. Now the spouse cannot just land here and go to work as you are leading people to believe. I have done this process for my wife and have met many others that have. She can enter the country as your wife but until she has all the proper information in the system and in hand she cannot work(legally). Along with bringing my wife here to the states I have brought many Thai nationals over to the US to train on manufacturing processes and know the H1/2 Visa process well.

Now I absolutely agree with you, you do not need an attorney to do this its a waste of money. I also agree you can start much of the process in Thailand. But a VISA stamp in a passport is nothing more than a VISA stamp to be here(unless she has an H1/2). She has quite a few things to complete here prior to launching off into the wild west.

JAFO,

I repeat:

3) Immigration stamped my wife's passport as eligible to work the moment she received her immigration entry stamp.

Please read carefully I did not say that the VIsa was what made working allowed I said the immigration stamp (at the airport)

4) SS cards are easy to get at the same time as your visa - so your comments about needing a SS card are a non issue. Even if you forget to apply for a SS card before going to the US it only takes a few minutes to apply. Having a SS number or TIN for noncitizens does not allow you to work - it is your legal immigration status.

Again a SS card is a non issue - why wouldn't you get it at the same time as the marriage visa? So your visa and SS number are in the system before you arrive in America. Immigration reviews at the airport upon arrival and stamps your passport as eligible to work.

As for America being a relaxed country you are entitled to your personal opinion which I respect - for me tax returns visas etc are simple as they are in English and that is all I need. For a complex tax return you have a CPA prepare the return.

In summary I am 100% certain that what I described is what my wife experienced - end of story - has the rules changed maybe I don't know...

A "green card" visa was simple a few forms, medical test and a fee - done - citizenship as soon as 2 years later contrast that with Thailand and other countries... it is like night and day - America is very relaxed about this subject. How much easier can it get?

Most likely her passport got a I-551 stamp, which is a temporary stamp. It is a 1 year stamp in the passport proving that the passport holder is a permanent resident while they await their permanent resident card. It is considered valid from List A of the I9 form for both proving identity and work authorization. I see them from time to time when verifying employment for kitchen workers, and can't recall if it says valid for work on the stamp.

I am not sure if they stamp all spousal visa's with them or not as my wife entered on a fiancee visa, since we were not married at the time. It would make sense they stamp the passport since they mail the GC to you after you arrive, and that can take some time to get.

As for citizenship it is 3 years from the date of the PR card not 2. You can file at 2 years 9 months, but cannot take the oath until you pass the 3 year mark.

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