US Greencard or 10 year multi-entry visa

[jjandjasmine]

I may have to return to the states to work after 14 years in LOS.

I am looking into getting the wife a 'greencard'. However, I can't see the benefit of starting it here, in Bangkok, or just going back and starting it there.

She has a 10 year multi-entry tourist visa with 6 years left. However, last May she went back and stayed 6 months with the parents and my daughter (Thai and US citizen), and the border agent told her next time she comes I would have to apply for her a visa, but oked her to stay.?.?.?.... from what I can find (and I've read a lot). it seems it is totally up to "whatever/whoever" immigration officer we meet when we return if they would let her enter on the existing 10 year multi tourist visa.

Does anyone else have experence with this?

How long would it take to get a greencard from this side? I see both nightmare stories and praise. The 3 people I know that have moved their wives back, all did in from the US side.

I would be most greatful or in info. Thanks.

Merry Christmas!!!!!!!

[lopburi3]

Believe you are talking about entry with immigrant visa and using foreign application (which normally shortcuts long waiting times of US offices for the initial clearance. I am not current on times so can not be of much help - but legally she can not enter US with intent to remain on current visa. As she has already used it beyond the normal few weeks visit and been warned I would take advantage of having the ability to make application here and being total legal.

[willyumcr]

I have been through this nightmare. Although not from Thailand. My wife is Costa Rican but we are separated and I now live here. She had a 10 year multi entry visa which she got in Costa Rica many years ago. We decided to go for the Green Card as that way she would get my Social Security when I passed. We got the Green Card by applying on line through the Embassy in Costa Rica. After getting the Green Card she was hassled every time she left the States to go to Costa Rica when she returned. So......we decided to voluntary give up the Green Card and we reapplied for B2 tourist visa at Embassy in Costa Rica and they gave her another 10 year multi entry. So.......two months ago we met in States and she was hassled again (Dallas,TX.) as to why she was only visiting for two weeks and wasn't traveling with her husband. All the problems we have had over the years since 1989 have been since 9-11. It is always up to who you get when she arrives for immigration officer. We have done many time over the years. Some are very helpful and others are not. She did not over stay for that six months, did she? If not should not be a problem for her to return on her multi entry but again depends on luck of the draw who she gets. If you are for sure returning to States for good to work then best she applies for Green Card. But if she is going to be in and out, best keep multi entry. In any event should you do here it is all done on line same as in Costa Rica. http://www.uscis.gov/greencard

[jjandjasmine]

Willyumcr,

Thank you.

I want to do everything the legal way. However, last year on my 2014 taxes I didn't represent enough income (because of working here in Thailand) and my daughter is getting free assitance in US schools. Therefore, I will not be able to sponser my wife for the greencard. (we will have other sponsers there and my "new" job in the states would be way more than enough). I am just worried. If we start the process here, filling the I-130, and my income isn't high enough, they would also cancel the tourist visa. Then we would be seperated, for God knows how long, trying to do paperwork from both sides of the planet.

I have had two US friends try to get there wifes visa, wife being here in LOS and them in the states. Both cases were a nightmare and cost them 1,000's$ and months of waiting.

I don't think it is"illigel" to go there on a tourist visa, (again for the 5th time) and then decide to do the I-485 "transfer of status",,, I mean why else would they have that as an optoin.

I just want to do the right thing, but within a definate timeline, and a fairly certien outcome. (and hopefully save on fees) I can't believe that even though I am trying to do everything the legal way, it is still just up to the immigration officer we happen to meet at our poi...frustrating to know which way to go.

After reading dozens of sites, I am still leaning toward buying round trip tickets and going together as we usually do and hope we get through immigration (last time she flew in by herself). Then forfit the return ticket and start it there with a Immigration lawyer.

I have messaged a few immigration lawyers in BKK but no reply.

I hope more people will "wiegh-in"

But thanks for the messages so far.

[VIPinthailand]

they want her to become "property of the United States"

IRS will love her!

Edited December 17, 2015 by VIPinthailand

[jjandjasmine]

Can anyone recommend a good visa lawyer in Bangkok?

[AaronLV]

Can anyone recommend a good visa lawyer in Bangkok?

There is no reason to use a lawyer to do the paperwork it is very straight forward. You still have to provide everything to them, which if you check out Visa Journey they have guides that tell you the exact same thing.

Adjusting status from a tourist visa is not illegal, unless you had the intent of doing it, which in this case you do. Having a job and flying back to work their shows intent so be careful, and I would guess with the latest gunman that brought his Fiancee in on a K1, all cases will be scrutinized much closer than ever before.

Filing in the USA will cost you a lot more money, as you will need to do her medical with a civil surgeon and insurance does not cover that. So you will be paying close to 600 to 1000 dollars depending where you live. Here it could be as low as 3000 baht. Also doing it here she has a green card as soon as she arrives and it will only take 1 or 2 months if you are on top of everything with the USCIS office here. Where as US will be 5 to 6 months for her to get green card.

[thaibook]

This could be considered a new topic.

My wife (Thai national) and I (British subject) have US green cards and live in the USA. We go to LOS and to Europe for long trips (me up to 3 months, my wife once for 11months) and have had no problems returning to the USA. I am receiving US social security. We would like to spend more time in Thailand and Europe but maintain our property in the USA.

Does anyone know if social security is stopped if one gives up/loses a green card?

Is the length of time we stay in the USA each year the critical factor or is having a property, having a business and paying taxes more important. I gather that under US law residency is defined in terms of intent to reside rather than as where one spends the most time.

Any insights will be gratefully received.