K-1 Fiance Visa to the USA; Lawyer or help needed

[rideswings]

Im looking to file for a K-1 USA Fiance Visa for my Thai GF, we are both currently in Bangkok and have been together for almost 2 years. I dont have much faith in my own ability to fill out paperwork, so I am looking for assistance from a Lawyer.

Im wondering if I should hire a Thai lawyer to help, or should I wait to get back to the USA and hire an American lawyer. Im going back next month for a few weeks.

Thanks for your help.

[Thanyaburi Mac]

K-1s can take a LONG time to process. Got a friend who filed one in the U.S. back in June 2014, his most recent check with USCIS said that they're now working on April-May 2014 so it should be approved in the hopefully not too distant future. Then there's the processing here in Bangkok which adds to the timeline.

Do wonder, tho, why you're considering a K-1 if you intend to get married. Why not just get married here then file a CR-1 with the USCIS officer here, the DCF process, Direct Consular Filing. Sure speeds things up if you're intending to move back to the States with your wife.

Mac

[rideswings]

Thanks for your reply. I have heard that K-3's take longer to get approved, up to 1 year, and that K-1's are not taking that long, thats 1 reason, The other reason is that if she hates it in the USA, and wants to come back before the 90 days are up, it will not be as permanent for me if we only file a K-1. Alot of my future relationship is based on whether or not she will be happy living in the USA. The plan is to get her over to the USA, stay there 2 or 3 years without returning to Thailand, and then coming back to visit Thailand annually for short periods of time after that.

[AaronLV]

Thanks for your reply. I have heard that K-3's take longer to get approved, up to 1 year, and that K-1's are not taking that long, thats 1 reason, The other reason is that if she hates it in the USA, and wants to come back before the 90 days are up, it will not be as permanent for me if we only file a K-1. Alot of my future relationship is based on whether or not she will be happy living in the USA. The plan is to get her over to the USA, stay there 2 or 3 years without returning to Thailand, and then coming back to visit Thailand annually for short periods of time after that.

The paperwork is really quite easy, but if you are not comfortable with it, then hire a lawyer here NOT in the US. Here they can speak Thai to your fiance and tell her what she needs to get, and will help her with the interview questions. We used Siam Legal when we did our K1, but I regret spending the money, not because they were bad, just because it was so simple and I did most of the leg work anyways, it wasn't worth it to me. I was also on top of them to move the process forward when I got the notices for the next step, where as I know other people who were not on top of the process and took them 2 to 3 months longer to complete.

K3's have been replaced by IR/CR-1's which basically means your spouse gets a green card on arrival in the US, they are taking about 8-12 months, K1 you need to adjust status when you get married in the US, and they are taking between 6 to 9 months, plus once in the US married and file for green card another 5 to 8 months for the GC. If you are here on a visa other than a tourist visa you can get married and file for DCF which shortens the time to 2 to 4 months.

Head over to visajourney, they have guides on all the paperwork, and have a very active forum on immigrant visa's for the US.

[rideswings]

Thanks Aaron! Great information.

[rideswings]

I have had a retirement extension since July 2014, do you think I would be eligible for DCF? I went back to the states for 2 months during this period, but since July I will have been living in Thailand for 4 consecutive months, in addition to 4 consecutive months on a Non-O before that.

[AaronLV]

I have had a retirement extension since July 2014, do you think I would be eligible for DCF? I went back to the states for 2 months during this period, but since July I will have been living in Thailand for 4 consecutive months, in addition to 4 consecutive months on a Non-O before that.

They require 6 month residency to file at the USCIS office in Bangkok, since you got your extension in July you should be fine, shouldn't matter that you weren't for the full time, since you are here on extension.

You will have to be married before you file as they only accept submissions for relatives, they will not accept paperwork for a K1, that has to be filed in the US.

[Thanyaburi Mac]

If you're not quite sure about your potential wife's interest in living in the U.S., and don't want to commit to marriage before giving her the opportunity to give the U.S. a try, you might consider a Tourist Visa.

Since you are already here on a Retirement extension, that would enhance the chances that her tourist visa would be approved.

Mac

[rideswings]

Mac, I dont think she has the resources to qualify for a tourist visa.

[rideswings]

I have had a retirement extension since July 2014, do you think I would be eligible for DCF? I went back to the states for 2 months during this period, but since July I will have been living in Thailand for 4 consecutive months, in addition to 4 consecutive months on a Non-O before that.

They require 6 month residency to file at the USCIS office in Bangkok, since you got your extension in July you should be fine, shouldn't matter that you weren't for the full time, since you are here on extension.

You will have to be married before you file as they only accept submissions for relatives, they will not accept paperwork for a K1, that has to be filed in the US.

Thanks Aaron. Will the paperwork for DCF be the same as filing for a K3? I have been researching here on on VJ but cant find an answer.

Edited January 8, 2015 by rideswings

[AaronLV]

You want to look at the paperwork for IR/CR-1. The K3 is obsolete.

This is the link to the DCF guide on VJ. Should give you the information you need.

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

[rideswings]

Thanks again for all your help.