Want to visit and marry in the US and then come back to Thailand

[thenoilif]

Hello all,

I would like and will appreciate your advice on my situation.

I am a US citizen and currently engaged to a Pinay national. We both live and work in Thailand. We are looking to take a trip to the US to get married and I am wondering what my best course of action would be to get her into the US legally. We are not looking to set up any sort of permanent residency for her in the US as we have no plans of living in the US at this time.

We will only be there for a couple of weeks and then back to BKK. I have done some research and I am leaning toward the K1 fiance visa. I understand that I have to petition the US first so she can apply for the visa. Everything I've read to date says I have to do this in the US and cannot do that in Bkk. Is that true?

Given my situation is the K1 the best course of action if we are looking to travel in April 2015?

Thanks for your insight.

[craigt3365]

If you live here, and have for some time, you can do a direct consular filing. It's much faster. My friend just investigated this for his Thai wife and was amazed at how quickly the paperwork would get processed.

I know nothing about the PI, but is it hard for them to get tourist visas to the US? If so, I'm amazed because pretty much every nurse I encountered in the US while dealing with my father's numerous health issues over the years were from the PI! LOL

[thenoilif]

If you live here, and have for some time, you can do a direct consular filing. It's much faster. My friend just investigated this for his Thai wife and was amazed at how quickly the paperwork would get processed.

I know nothing about the PI, but is it hard for them to get tourist visas to the US? If so, I'm amazed because pretty much every nurse I encountered in the US while dealing with my father's numerous health issues over the years were from the PI! LOL

Thanks for the reply. I've lived here under a non-imm. B visa/work permit for almost 4 years. Is that enough to qualify for "some time"?

[NeverSure]

If you live here, and have for some time, you can do a direct consular filing. It's much faster. My friend just investigated this for his Thai wife and was amazed at how quickly the paperwork would get processed.

I know nothing about the PI, but is it hard for them to get tourist visas to the US? If so, I'm amazed because pretty much every nurse I encountered in the US while dealing with my father's numerous health issues over the years were from the PI! LOL

Thanks for the reply. I've lived here under a non-imm. B visa/work permit for almost 4 years. Is that enough to qualify for "some time"?

I don't know. Others on here are the experts.

I want to wish you and your fiance the best, though.

[AaronLV]

Your best course of action is a Tourist Visa. The chances of her approval will be based on her ties here in Thailand, and convincing the CO she will return. If she has a steady job here and will continue to have it when she returns then the chances will be better. I would not mention about wanting to marry while in the US that will put up a big Red Flag. I would also write out a detailed itinerary, along with showing that you and her have enough funds for the trip, also showing your status in TH and that you will be returning to a job also.

As a side note K1 is for immigrating purposes not for a visit, also if you were to go that route you don't have enough time if you wanted to go in April, as they take between 6 to 9 months to complete, and in your case with the fiancee being PI, she will need police clearance from the Philippines which will take some time to get.

DCF route is a good route if you planed on Immigrating and is much quicker 2-4 months, but to apply for DCF you need to already be married so you would need to get married prior to filing, and as with the K1 you need the police clearance from the Philippines.

[craigt3365]

I don't think DCF is just for married people, but I'm no expert. I know I tried it when we were going to the US to get married and I was denied as I hadn't lived here long enough. If I had been here long enough, it would have been an option for us.

If you can do the DCF, it's a fairly quick process as your file never leaves Thailand.

http://www.thaivisa.com/forum/topic/745471-can-i-do-dcf-direct-consular-filing-i-130/

http://www.thaivisa.com/forum/topic/777965-us-ir1-visa-dc-filing-timeline/

This website is a great resource also:

http://www.visajourney.com/

[AaronLV]

I don't think DCF is just for married people, but I'm no expert. I know I tried it when we were going to the US to get married and I was denied as I hadn't lived here long enough. If I had been here long enough, it would have been an option for us.

If you can do the DCF, it's a fairly quick process as your file never leaves Thailand.

http://www.thaivisa.com/forum/topic/745471-can-i-do-dcf-direct-consular-filing-i-130/

http://www.thaivisa.com/forum/topic/777965-us-ir1-visa-dc-filing-timeline/

This website is a great resource also:

http://www.visajourney.com/

DCF is only for form I-130, Petition for Alien Relative, such as wife, children, parents, so correct is is not only for married people, but it is only for relatives which is more accurate. A fiancee does not fall into that category and the office does not accept form I-129, which is the form for a Fiancee visa. The only place you can file for a K1 is in the US.

Direct from the US State Department website

Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.

You can see all the forms they accept on their website at the local Bangkok USCIS office

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

DCF is the way to go if you have been here long enough on the correct visa as it cuts the time down from 9 to 12 months to 2-4 months.

In the OP's case the only real option given his intentions and timeline is to try for a Tourist Visa.

[craigt3365]

That's the route I went, the I-129F. It took about 5 months. But that was years ago. The visajourney website gives up to date processing times at the various centers in the US.

[AaronLV]

That's the route I went, the I-129F. It took about 5 months. But that was years ago. The visajourney website gives up to date processing times at the various centers in the US.

I did the same and took almost 6 months and I was on top of everything, that was over 6 years ago. A few people who have known in the past few years to do it has been taken about 7 months, and from what I have seen on VJ they are running about 6 to 9 months. It will most likely factor in longer when needing to get the police cert from another country.

[Thanyaburi Mac]

I agree with Aaron, go the tourist visa route, faster and cheaper, assuming it is approved.

She working here in a stable job? Longish term? Visa status, work permit. That'd sure help. Also tying her visa request to YOUR status here in Thailand, job, length of service, visa status and such, will help. Also length of time you've been together. Since you'd be going together the assumption would hopefully be that since you'd return to Thailand, she would too.

And, yes, DO NOT mention marriage in the U.S. Not at all illegal, that's what my now wife and I did, and returned to Thailand afterwards. But, as Aaron mentioned, if marriage is mentioned, the assumption would be that she's planning to apply for adjustment of status to PRA/Green Card, and not returning.

Mac

[sirineou]

Given your time restrictions I would have to agree with many of the other replies, and advise toward a tourist visa, assuming that she is able to provide enough evidence that she will not be staying in the US after the visa expires and would be returning to Thailand. (long term Job in Thailand, assets, family etc)

When my then fiance now, long time wife came to the US, we went the K1 route, but she was Thai.

The challenge for your Fiance is that she is not, I an not sure how that challenge will translate it's self, but it is sure to delay maters . Some of the things necessary for a K1 visa would be a police record, and some short of a document verifying that she not not already married , being that she is not Thai , she would need to get these from her home country, and their authenticity verified, both matters that might slow things down, also dont know what other issues will arise from the fact that she is filling outside her country.

Fore those reasons I think a tourist visa might be the best option,

As mentioned by others , do not mention marriage if she go the tourist route , as they will know you are trying to circumvent the K1 process and are sure to deny her.