Spouse to USA

[torrow]

Hi,

A Thai lady friend is married to an American citizen and a visa application was filed two years ago for her to relocate to the States (by virtue of marriage). The application was made through an immigration lawyer but in two years, there has been no progress - the application seems to be permanently 'on process'. Now she is beginning to question the honesty of the husband.

I'm British so I'm not familiar with the American Visa procedure. I do know with a UK spouse visa the application is decided within three months or so - either granted or refused.

[Thanyaburi Mac]

Agree, something decidedly wrong here. I can see 6-12 months for an application started in the U.S., but not two years.

Lots of info here on the U.S. immigrant visa process: www.visajourney.com

Can't really comment further without a lot more info, perhaps even copies of some of the paperwork.

Mac

[Shot]

"The application was made through an immigration lawyer"

Before questioning the husband of any wrong doing, which could go completely sideways, I would be asking lots of question with the immigration lawyer. But, as Mac said more info would be of great help.

[inzman]

The USA embassy gets back within 3 months. The lawyer is playing them. You really don't need a lawyer, it's very simple to fill out the application and the decision is based on the interview which the lawyer can't attend. But a fool and his money are easily parted.

[Thanyaburi Mac]

inzman

I'm thinking the application has not even gotten to the Embassy stage. There's a lot that happens earlier on with U.S. Immigration in the U.S.

I'm also assuming that this is not a DCF filing locally.

Mac

[thrilled]

Don't know why she would need A lawyer.She's legally married.Everything should go smoothly.

[torrow]

Thanks for the replies. The situation is... they married here, the husband returned to the States and submitted the application in America using an immigration lawyer. Currently they are living apart. She has questioned the husband and he tells her it's 'On process'. Her concern is... the husband has changed his mind or found another lady and hasn't got the balls to tell her. I can't help her much because I'm only familiar with the UK process where the lady has to make the application to the UK Embassy in person.

[Thanyaburi Mac]

torrow

Yes, that could well be the case.

Only suggestion I have at this stage is that she request her husband to snail mail her copies of the paperwork the lawyer is said to have submitted to the USCIS people, U.S. Immigration. If the hubby asks "why," just say she wants to look at them to be sure there's been no errors.

If no paperwork shows up, she might be right in her assumptions about the delay.

Mac

[stoli]

The USA embassy gets back within 3 months. The lawyer is playing them. You really don't need a lawyer, it's very simple to fill out the application and the decision is based on the interview which the lawyer can't attend. But a fool and his money are easily parted.

I have to agree with the above. It is easy to pay the US Embassy $150 to review the application. Just make an appointment. Your wife will be interviewed in less than 5 minutes, no one else is allowed into the interview but her, and then very likely she will be turned down for a Visa to the US. I tried to take a Thai lady for 3 weeks for a vacation, as I was going back to see my family anyways. She is a member of a wealthy family, graduated from the University in Bangkok, and never a working girl. She lived with her family, even though she was 27. They asked her, " Do you own a home?" "No" Do you have children". "No". "Are you married". "No". They then gave her a pre-printed slip of paper saying that she would probably not come back to Thailand, and declined her request. The paper states that you cannot challenge the findings, but you can again pay $150 to try again. Just rubbish. This story is pretty common. By the way, it was a Thai employee of the US Embassy that did the interview. jealous maybe because her family is wealthy? Who knows?

Edited June 15, 2015 by stoli

[NeverSure]

I don't think it's the attorney. Attorney's are licensed by each state and regulated by the state's bar association which can issue a license and revoke it. The bar can also impose stiff fines and give suspensions of practice. A complaint to the bar association is serious.

Edit. An attorney also has errors and omission insurance and liability insurance. Those companies are notified by the Bar if there's a complaint.

Edited June 15, 2015 by NeverSure

[Thanyaburi Mac]

Stoli

Re your comment all depends on if the IV paperwork has already been approved by the USCIS in the U.S. and forwarded on to the Embassy in Bangkok. If this was the case, then the lady here would have received the snail mailed Package 3 from the Embassy. She has not, which indicates that the hangup is in the U.S.

Your comment relates to an NIV, Non-Immigrant Visa interview, not that for the IV, Immigrant Visa process.

Mac