American Citizen With Unofficial Thai Wife...help

[joeyswags]

Hello all,

Ive got some questions about getting my lady and soon to be child back to the U.S...that is if you experts would not mind helping yet another fish out of water over here in Bangkok.

I am a 27 year old English teacher working at a reputable school with a work permit. I had a wedding ceremony with my wife in March, although we have yet to go to the Amphur to finalize things. I have been to the US embassy and filled out the marriage affidavit got it notarized, translated, and legalized. We plan to go to the Amphur next week.

Is this the best course of action?

Is it easier to bring her over as a wife or fiancee...does a child affect anything? She is 4 months pregnant. I would like to have my child born as a US citizen.

I would like to make this happen as soon as possible...not that i dont love Thailand!

She previously held a visa to the Netherlands with a former boyfriend? Does this have an effect on things? Positive or negative?

As I have been reading this site i have come to think that an visa agent is not only not needed but dangerous...any opinions?

Any and all serious help is more than appreciated!!!

[Gumballl]

Depending on your luck, it might be quicker to get your fiance over to the US on a K-1 visa (for fiance). If you get married, then it is a different ballgame. Either way, you will to prove that you earn enough to support her in the US.

As for your upcoming child, it does not matter that he/she is born in a foreign country. You can petition to get US citizenship for the child at the US Embassy. If you have hopes that your kid will someday be President of the US, then consider having the kid in the US. Otherwise, don't sweat it.

As I have mentioned in other posts, all you need to get started on the visa for your fiance is right here at the US Citizenship and Immigration Services

Good luck with everything!

Edited August 17, 2006 by Gumballl

[joeyswags]

Gumball,

First, thank you for the info...the USCIS is a place i was not looking. I thought the scary US Embassy Thailand site was the only place. I have spent some time reviewing my options of fiancee or spouse, Im going with the I-130...getting officially married will classify her as an immediate relative and therefore we dont have to wait for a visa number as she will no longer be subjected to the "immigrant visa limit". It is also what we both want to do...especially before the child is born.

Seems fairly straight forward considering. The only thing that im concerned about is her lack of documented employment history that will show up on the G-325A. Is this a deal breaker?

Thanks

[Gumballl]

Gumball,

First, thank you for the info...the USCIS is a place i was not looking. I thought the scary US Embassy Thailand site was the only place. I have spent some time reviewing my options of fiancee or spouse, Im going with the I-130...getting officially married will classify her as an immediate relative and therefore we dont have to wait for a visa number as she will no longer be subjected to the "immigrant visa limit". It is also what we both want to do...especially before the child is born.

Seems fairly straight forward considering. The only thing that im concerned about is her lack of documented employment history that will show up on the G-325A. Is this a deal breaker?

Thanks

No, the lack of employment is not an issue (at least I do not see how it would be relevant if your spouse goes to the US). Just list where your soon-to-be wife has worked, or whether she is now a housewife (homemaker).

The thing you should concern yourself with is the I-864 that you may have to complete to show that you can support your spouse in the US. The minimum salary is not much (for a family of 2 it is like $25K per year). However, you may have to prove that you have a job in the US (if you are not self-employed) and/or you may have to prove you have other assets (mutual funds, money in the bank, etc).

[joeyswags]

Gumball,

First, thank you for the info...the USCIS is a place i was not looking. I thought the scary US Embassy Thailand site was the only place. I have spent some time reviewing my options of fiancee or spouse, Im going with the I-130...getting officially married will classify her as an immediate relative and therefore we dont have to wait for a visa number as she will no longer be subjected to the "immigrant visa limit". It is also what we both want to do...especially before the child is born.

Seems fairly straight forward considering. The only thing that im concerned about is her lack of documented employment history that will show up on the G-325A. Is this a deal breaker?

Thanks

No, the lack of employment is not an issue (at least I do not see how it would be relevant if your spouse goes to the US). Just list where your soon-to-be wife has worked, or whether she is now a housewife (homemaker).

The thing you should concern yourself with is the I-864 that you may have to complete to show that you can support your spouse in the US. The minimum salary is not much (for a family of 2 it is like $25K per year). However, you may have to prove that you have a job in the US (if you are not self-employed) and/or you may have to prove you have other assets (mutual funds, money in the bank, etc).

Okay, we now are officially married and ready to get the ball rolling. My mom is going to sponsor us in the case, and prove financial security. She had an appt with the immigration office in San Francisco to ask some questions and it seems like the best course of action as i am living here in thailand teaching English at $1200 a month.

She was told that I should write my address the same as hers in San Francisco and file the paper work from back home in S.F. However, in a cover letter tell them my current situation living in thailand, our marriage, and baby on the way in January.

She was also told not to file a I-129 in conjunction with the I-130 and G-325A as it would only complicate things and cost more? I thought this was the normal course of action for my situation. Isnt there benefits of using the I-129 relating to the LIFE Act?

It sounded like we should try to prove our relationship with the initial filing of the I-130. Cover letter, photos, letters, phone records ect ect. I thought that this was stuff to bring to an interview, or is it both?

Anyways as always thanks for any and all serious help. I will be sure to pass along my knowledge once I am living back in America and am an immigration vet!

[vinny]

See also Spouse and Fiance(e) of an American Citizen.