Confused About My Options

[BlackArtemis]

Ok My fiance and I are planning the wedding in Thailand for late march. But i am confused about the best way to handle things. So I am going to lay out our situation and hope some people with experience can help

Ok I currently have a non B work permit

We are engaged

I have residence in America

She has residence in Thailand

I can have adequate proof that I can support her in America

I can afford a Non B O visa if need be.

in Sept 2007 I plan on getting my MBA in Chiang Mai, so we plan on staying here for 2 years.

But we would like to have the option of visiting my parents in the summer of 07.

What would be the best bet?

Make the marriage offical in Thailand or in America?

Come over on the fiancee or marriage visa?

We will be looking to come over to America long term after I complete my master's in 2009.

She has been denied her tourist visa before, despite a car, house, steady job for 3 years and being in her final semester of her TEFL MA. Cited not enough evidence to return to Thailand. (Read, single, educated, and bilingual)

Any help would be wonderful, I just want to get her over to America so she can meet my father, his health prevents him from traveling...

[sbk]

Hi black artemis, I had planned on answering this earlier but got pulled away from the computer.

I would recommend getting married in Thailand, since you can show proof that you plan on staying here for some time then she shouldn't have a problem.

The fiancee visa (K1) is, I believe, for people who plan on settling in the US now. The visa that gets a green card (I 130 petition) means she would have to return to the US every year (once the green card was issued) as it is for permanent residency.

Two things to remember when applying for her visa once married: show all copies of Thai visas in your passport, your employment records, lease agreements, school acceptance as well as all of her documents too. If you can prove that you plan on staying in Thailand as well as her then it should be no problem.

At least, this was my experience with my husband when we applied for a B1-B2 visa a few years ago. They asked for an interview but it wasn't a problem (we went together) and he ended up getting a multi entry visa valid for 10 years.

[BlackArtemis]

Hi black artemis, I had planned on answering this earlier but got pulled away from the computer.

I would recommend getting married in Thailand, since you can show proof that you plan on staying here for some time then she shouldn't have a problem.

The fiancee visa (K1) is, I believe, for people who plan on settling in the US now. The visa that gets a green card (I 130 petition) means she would have to return to the US every year (once the green card was issued) as it is for permanent residency.

Two things to remember when applying for her visa once married: show all copies of Thai visas in your passport, your employment records, lease agreements, school acceptance as well as all of her documents too. If you can prove that you plan on staying in Thailand as well as her then it should be no problem.

At least, this was my experience with my husband when we applied for a B1-B2 visa a few years ago. They asked for an interview but it wasn't a problem (we went together) and he ended up getting a multi entry visa valid for 10 years.

Thanks a lot, you cleared up quite a few things for me, I will go look at how long she needs to stay in the US for with the I 130.

Edited October 21, 2006 by BlackArtemis

[sbk]

Once the green card is issued she cannot be out of the US for more than a year without applying for an extended permission. If she is, then she will lose her green card.

If you have plans to fly back every year with her then it would make it easier to enter the country (once she has the green card). I would get the fiancee visa then --it is faster--but you would have to extend your stay in the US in order to get the permanent residency approved --or go through the convoluted and slow processing of applying from within Thailand.

But honestly, the multi entry B1-B2 visa (if she can get it) is faster (and cheaper) to get and once she has that and you've been married awhile you will probably find the green card process faster and easier when you need it 3-4 years down the road.

[Nam Kao]

>>>>>Once the green card is issued she cannot be out of the US for more than a year without applying for an extended permission

I have heard from some Thai friends that more than 6 months out gives you a good

grilling by immigration coming back in, but their website says 1 year, idiots

[sbk]

>>>>>Once the green card is issued she cannot be out of the US for more than a year without applying for an extended permission

I have heard from some Thai friends that more than 6 months out gives you a good

grilling by immigration coming back in, but their website says 1 year, idiots

Well, I guess the whole point behind the green card is that it is permanent residency.

[BlackArtemis]

Yeah well with the MBA program I have 2 full years and 1 summer. So I think this is the plan.

USA in

may-aug 07

Christmas 07

July-aug 08

may-??? 09

We could do xmas 08 if we had to.

We are going to get married on paper in december so we can start applying before the wedding ceremony on march 31st.

So perhaps go for the greencard, and if we get grilled show that we have residency in the us (we will) But my I am an exchange student and she stays with me in both countries.

Is she allowed to work in Thailand with the greencard? She will be applying to work a the same uni, so we will still have the same schedule.

again thanks for all the help