Marriage Vs. Fiancee Visa To Us

[jomama]

Hi,

I have been fully employed and lived in Thailand for the past 14 years. My wife and I are contemplating a move back to the U.S. I wonder about:

* I have no permanent place of residence in the U.S.

* My wife and I are married in Thailand, but not U.S.; her passort still lists her maiden name.

It seems the fiancee visa might be better because it is limited (easier to get) and can be upgraded once we are up and running in the States.

Help and comments greatly appreciated.

[vinny]

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

If you had a legal Marriage Registration, then

the United States does recognize the validity of such a marriage.

In Thailand, Thai women are allowed to keep maiden names after marriage. However, her title may have to be changed from "Miss" to "Mrs".

If you are already legally married, then applying for a Fiancé Visa, may lead to penalties for giving false information.

[jomama]

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

If you had a legal Marriage Registration, then

the United States does recognize the validity of such a marriage.

In Thailand, Thai women are allowed to keep maiden names after marriage. However, her title may have to be changed from "Miss" to "Mrs".

If you are already legally married, then applying for a Fiancé Visa, may lead to penalties for giving false information.

Thank you Vinny for the info.

The issue I have is no permanent domicle in the U.S. right now. I notice on the nonimmigrant visa application it asks if a finace or spouse is " in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship?"

Does that mean a permanent domicle (at the time of application) is not required? We certainly plan to have one, of course, but I would like us to leave Thailand together. I have a professional job waiting for me in the States.

Thanks for any input.

[vinny]

US domicile is required for sponsors of an Immigrant visa for a Spouse (IR1 or CR1) of a U.S. Citizen. It may be better to initially apply for a Nonimmigrant Visa for a Spouse (K-3). After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

[jomama]

US domicile is required for sponsors of an Immigrant visa for a Spouse (IR1 or CR1) of a U.S. Citizen. It may be better to initially apply for a Nonimmigrant Visa for a Spouse (K-3). After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

Thanks Vinny...

[drummer]

Hey - I'm just applying for a marriage visa to the US for my wife, too. I'm afraid I don't know much about it yet. Where is a good place to start looking?

We have been married for a while, and have photos from a ways back, and we have a son together. How long will it take for her visa to clear? Thanks!

[Maizefarmer]

HI guys

I am a USA citizen with a Thai wife.

All I can say - is cross all the t's and dot all the i's.

All your question are answered on the State Department website - in the applicable sections so you'll have to go through it all.

In the case of a long term relationship which is effectively a "marrige" as is often conducted in Thailand with monks present, although not formally recognised as a marriage the relationship will be recognised - but I emphasize one thing - be 1000 % honest, because the USA Embassy employs Thais to conduct due dilligence and discreet enquiries on applicant claims of long term relationship (and other types of applications as well).

If genuine - you should have no problem at all - but to answer your question about how long it takes - it can take a long time and it can be very frustrating. Keep your cool and always be pleaseant to the staff you deal with - if its meant to come through, it will come through.

The big make or break as far as getting a USA visa for a Thai partner is (perhaps quite obviusly) that they are looking for "indicators" which support that person returning to Thailand at the end of the stay. So the more evidance you can show your partner has a motive to return to Thailand the better. "Indicators" like a long standing bank account with regular funds from employment are something they look for, committements and other responsibilites which "tie" that individual back to Thailand are other "indicators" (e.g. mortgage). I am stating the obvious aren't I - sorry, but wihtout those sorts of things, it can be a tough job convincing them she on her way back at the end of the stay.

Good luck

Tim

Edited October 2, 2006 by Maizefarmer

[thaihome]

HI guys

I am a USA citizen with a Thai wife.

All I can say - is cross all the t's and dot all the i's.

All your question are answered on the State Department website - in the applicable sections so you'll have to go through it all.

In the case of a long term relationship which is effectively a "marrige" as is often conducted in Thailand with monks present, although not formally recognised as a marriage the relationship will be recognised - but I emphasize one thing - be 1000 % honest, because the USA Embassy employs Thais to conduct due dilligence and discreet enquiries on applicant claims of long term relationship (and other types of applications as well).

If genuine - you should have no problem at all - but to answer your question about how long it takes - it can take a long time and it can be very frustrating. Keep your cool and always be pleaseant to the staff you deal with - if its meant to come through, it will come through.

The big make or break as far as getting a USA visa for a Thai partner is (perhaps quite obviusly) that they are looking for "indicators" which support that person returning to Thailand at the end of the stay. So the more evidance you can show your partner has a motive to return to Thailand the better. "Indicators" like a long standing bank account with regular funds from employment are something they look for, committements and other responsibilites which "tie" that individual back to Thailand are other "indicators" (e.g. mortgage). I am stating the obvious aren't I - sorry, but wihtout those sorts of things, it can be a tough job convincing them she on her way back at the end of the stay.

Good luck

Tim

Since the thread is on immigrant visas, you last paragraph is not applicable as it seems to be talking about a tourist visa. Also, I doubt that the US would consider a traditional marriage ceremony as sufficient to get a spousal immigrant visa.

You are correct though, that when dealing with a bureaucracy such as the BCIS and State dept, it is best not to try and take shortcuts and then blame them for your problems

TH

[jomama]

Since the thread is on immigrant visas, you last paragraph is not applicable as it seems to be talking about a tourist visa. Also, I doubt that the US would consider a traditional marriage ceremony as sufficient to get a spousal immigrant visa.

You are correct though, that when dealing with a bureaucracy such as the BCIS and State dept, it is best not to try and take shortcuts and then blame them for your problems

TH

Thanks TH. I thought the last paragraph dealt with tourist visas, too. If the point is to move to the U.S. and bring your wife with you, her ties to Thailand seem a moot point.

[jomama]

US domicile is required for sponsors of an Immigrant visa for a Spouse (IR1 or CR1) of a U.S. Citizen. It may be better to initially apply for a Nonimmigrant Visa for a Spouse (K-3). After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

Hey Vinny, please see the Chiang Mai Consulate thread in the Thai Visa Chiang Mai forum for an update on my fun and foibles.

You'll be happy to know you "don't know what you're talking about."

Again, I thank you for accurate information

[vinny]

Sorry that you had such a rude time at the U.S. Consulate In Chiang Mai. Good luck and best wishes for the future!

Edited October 13, 2006 by vinny

[vinny]

See also K3 Marriage Visa To Usa, Finished In One Month!

[doninusa]

See also K3 Marriage Visa To Usa, Finished In One Month!

Use a lawyer. Once it is denied, there is really very little chance of winning on an appeal. I prepared a fiance visa app for a friend of mine and his now thai wife back in 2002. As I am a lawyer, it was not that difficult. Maybe it is not that difficult for others. However, documentation is the key. Half a-- jobs mean half the chance to get her in the U.S. Dont take a chance, use a legitimate lawyer in Thailand. One who is from the U.S. can represent you at the embassy. Good luck. P.S. I am not in Thailand and certainly not soliciting work.

[jasonc]

Jomama,

Being together for 14 years I assume you've traveled together to the States many times. If so, did you have to go through the tourist visa process every time? Did you travel together to other countries that restrict Thai Citizens?

[ajarnbangkapi]

Hi;

I am at the start of exactly the same process, and have been accumulating info. My particulars are:

1) Village mariage ceremony in Thailand, but not registered marriage

2) Lived in thailand 10 years, but just lost job so no work permit.

3) No job or residence in USA, but I can use my mom's address.

4) Non-b visa expires late Nov., so will need to get tourist visa to continue process here.

I am told macro that fiance visas are 4-5 months start to finish in thailand, marriage visa 2 years sometimes.! So, I am going fiance visa

My understanding at this point is:

A) I CAN NOT apply in Thailand thru the Embassy (I saw where someone did a I-130 successfully here, but Ijust get grief from the embassy). I am mailing the papers to my mom today to send to Texas for me.

Advice from someone that did this a year ago was to get the fiancee packet of forms here to work on while the I-129F is being processed in the states. BUT, when I went to get the forms Friday a Thai lady manning the only open service window REFUSED! She said they won't give the forms until the invitation letter is received and an appointment is made. Very haughty, like she is better than citizens that come there for anything. Two other processes going on at the time and both parties seemed to be pissed. This was the INS office in the Srindhorn building2, where they told me to go via email for info.

She DID tell me to go to the internet to download what I need, then gave me an incorect URL.

C) I am told around one month to proces the stateside app, and maybe 3 months in Thailand (from someone that went thru the proces last year).

Frustrated now, so I will be happy to see what you find, i will watch with great interest.

[thaihome]

You file the I-130 with the BCIS office not embassy, might be why they were giving you grief.

Give them a call and talk nice.

TH

[ajarnbangkapi]

I was at Immigration in the srintorn bldg2, next to the embassy (NOT the embassy or consulate), the Thai lady there rarely went to the window to see who was there, and just seemed to be bothered that anyone would want her to work the day b4 the 3 day holiday. Any American employees may have been in the area were not to be seen.

Things have changed there, I used to have a friend that worked in the consulate, had lunch at the embassy a few times. The state employees were very nice and professional (same for marine security), used to be the head of citizen services would presonally respond to email questions. Now, auto responces and Thai employees blocking us from seeing a consular official.

I know and understand (and agree) that they follow (and sometimes interpret) the procedures and do not create them, but a little helpfulness in providing forms and allowing citizens to try to do what we can do do things right and quickly to move the process along for the benefit of all is not so much to ask for, I think. I get the feel of a "bunker mentality, us vs. them" approach now, and it is frustrating for all. That is a change for the worse, possibly a resuly of the 2/3 yr rotations.

Why NOT help move the process along?

Today, I mailed the fiancee visa paperwork to the states, so the clock is ticking! Just wish I could start the paperwork collection for part 2 while we wait

Ron

[jasonc]

FreedomDude,

In response to your PM, Yes, I did apply for Birth Certificate, we got her a passport and also have little the baby's SSN already. It was easy and I thought the whole visa thing was going to be easy too. The Fiancé application wasn't terribly difficult I just am impatient with this waiting game. I was hoping to get my GF and daughter home to Denver by Christmas but I know it's not going to happen. I guess my new plan should be in the Spring some time. (applied late Sept)

I'm just not sure what to do after we get the Visa... Sure we can go to the USA and get married but then what? If we were staying in the USA we'd do the immigrant process but I don't want to be stuck in Denver! The Fiancé Visa and Immigrant Visa are single entry so if she leaves does the process stop? After all this process, next time we want to visit my parents we have to do an Immigrant Visa all over again? If we leave, does the process continue until she get's a green card? Does she get a US passport with a green card?

I don't expect you to have the answers but they are the questions I have. I guess I'll start researching a green card...