How can I sponsor my TGF to be able to come to the USA and work?

[fireplay]

The tricky thing is I work for a big company online...not US based...I have no home...no w2s no I9's i am a freelancer paying my own social security and have lived in Thailand 6 years. What we wanna do is have the flexability to bounce back and forth...and her to be able to work legitimately. So green card.

So k1 fiance visa...can we do this?

[CaptHaddock]

Not possible unless you are living in the US. If you were living in the US, you could apply for a K-1 (fiancee) visa to admit her to the US for three months during which time you get married. Or you could marry her in Thailand and then apply for a K-3 spousal visa. It's also possible to enter the US on some other visa, like tourist or student, get married and then apply for a Change of Status, although the State Department doesn't like this. Once she is in the US legally with a visa and married to you, she can apply for a green card. While waiting for a decision on her green card application she can apply for a Work Permit enabling her to work legally. She can exit the country freely while awaiting the green card, but she can only re-enter if she has obtained Advance Parole prior to leaving the country. Otherwise her visa and green card application are nullified. Until the green card is granted she will not be able to be outside the country for any long period of time. Once she has the green card if she leaves the US for a year or more she loses it.

There's a lot more to it, but that's the outline. She won't be able to "bounce back and forth" and successfully obtain a green card.

[ajarnmarc]

Not possible unless you are living in the US. If you were living in the US, you could apply for a K-1 (fiancee) visa to admit her to the US for three months during which time you get married. Or you could marry her in Thailand and then apply for a K-3 spousal visa. It's also possible to enter the US on some other visa, like tourist or student, get married and then apply for a Change of Status, although the State Department doesn't like this. Once she is in the US legally with a visa and married to you, she can apply for a green card. While waiting for a decision on her green card application she can apply for a Work Permit enabling her to work legally. She can exit the country freely while awaiting the green card, but she can only re-enter if she has obtained Advance Parole prior to leaving the country. Otherwise her visa and green card application are nullified. Until the green card is granted she will not be able to be outside the country for any long period of time. Once she has the green card if she leaves the US for a year or more she loses it.

There's a lot more to it, but that's the outline. She won't be able to "bounce back and forth" and successfully obtain a green card.

Great response, and very informative.

Well Done!

These are the kinds of post, I for one; like to see.

Cheers

[bark]

Have you heard the term in Thailand. " Working Girl " ? I'm sure some guys in the USA Slums, need help.

[Maestro]

Isn't it her prospective US employer who should sponsor her visa and work permit?

[CaptHaddock]

Isn't it her prospective US employer who should sponsor her visa and work permit?

Possible, but unlikely. She would have to be hired for a job in the US for which she has specific qualifications but for which qualified US citizens are not available. Those jobs are in short supply and there are a lot of foreign graduates of US universities eager to get them before they are forced to repatriate.

[Lee4Life]

Have you heard the term in Thailand. " Working Girl " ? I'm sure some guys in the USA Slums, need help.

You must be a real joy to be around

[jimmym40]

Couple of value posts above. One correction though. Must not spend more than 6 months out of the US. If so, upon return, immigration officials will confiscate the green card. This has been the rule for at least 7 yrs that I know of.

[fekman]

I looked into this myself. Wanted to just bounce in and out with the girl, not live in the u.s. I have substantial assets, but no job, and zero u.s. based income. I'm dead in the water and comitted to just living in foreign countries forever. But I'm ok with that.

If I ever break up, gonna find a girl from a country with a good passport to avoid all the sillyness. Japan, Korea, Lithuania,Estonia, Latvia.

[TheKnave]

K3 visas are seldom issued these days. Instead, CR1/IR1 (IR1 if you have been married more than two years). No adjustment of status required, green card issued immediately.

[connda]

Have her sponsored by the Mexican Cartel US Visa Coyote Transfer Program. Once over the porous Southern border, claim asylum. Is her current residence below 32° 32' 0" N Latitude? If so, it should work like a charm.

[louse1953]

Isn't it her prospective US employer who should sponsor her visa and work permit?

You don't rekon the US is onto "scams"like that.

[louse1953]

I looked into this myself. Wanted to just bounce in and out with the girl, not live in the u.s. I have substantial assets, but no job, and zero u.s. based income. I'm dead in the water and comitted to just living in foreign countries forever. But I'm ok with that.

If I ever break up, gonna find a girl from a country with a good passport to avoid all the sillyness. Japan, Korea, Lithuania,Estonia, Latvia.

Is the USA that bad a country to live in,you make it sound like the UK.

[mike324]

If she is on a spousal visa, immigration officer will appear randomly for checks to see if you guys are really living together (there are a lot of folks who have fake marriages just to get green card - citizenship). This usually happens yearly and in some cases more than once a year.

[fekman]

K3 visas are seldom issued these days. Instead, CR1/IR1 (IR1 if you have been married more than two years). No adjustment of status required, green card issued immediately.

Good info. Do you know if it's possible to bring a girl to u.s. after marriage on one of those visas if I have no job, or u.s. based income? I know the K1 requires those things.

[TheKnave]

K3 visas are seldom issued these days. Instead, CR1/IR1 (IR1 if you have been married more than two years). No adjustment of status required, green card issued immediately.

Good info. Do you know if it's possible to bring a girl to u.s. after marriage on one of those visas if I have no job, or u.s. based income? I know the K1 requires those things.

Same requirements, except I believe you need 125% of Federal Poverty level income for a spouse, as opposed to 100% for a fiancé.

Uncle Sam's #1 priority is to assure that she won't become a public charge.

Google is your friend.

[CaptHaddock]

If she is on a spousal visa, immigration officer will appear randomly for checks to see if you guys are really living together (there are a lot of folks who have fake marriages just to get green card - citizenship). This usually happens yearly and in some cases more than once a year.

No immigration officer ever came to check that my wife and I were living together during the six-year period from application for Change of Status to the citizenship ceremony. The BCIS doesn't have the manpower to do these checks routinely. At the time I read websites where people recounted their experiences in the green card and citizenship approval process. No one ever mentioned visits by immigration officials. Perhaps things have changed in the last few years. Do you have references to support your claim?

[fireplay]

Great replies and special thanks to captHaddock...so about the living in usa requirement...

does that mean I need to rent an apartment or something?

I travel alot and am currently in Austin TX.

I think this is where we would make the new US home base.

What paperwork would you recommend doing from here in the States?

I am planning to be back to Thailand in April.

I don'T want to rent a place and stay here without her...

Can we sort the k1 together while both in Thailand?

Also I noticed on the first paperwork...th i129...it asks me where I live...

Do I give them old rental information from Thailand?

Give my sisters address in Austin?

This is the tricky stuff I am trying to figure out how to go about...

Edited February 21, 2016 by fireplay

[tomwct]

Sounds like she is just an uneducated working girl in Thailand that would not qualify for a Tourist Visa. So, step two would be

a Fiance Visa. Yes, you would need a permanent address in the states, but most importantly, this VISA could take 2-3 years and

you should apply from your home address in Texas. I believe the costs is around $300-350. Good Luck Mate

[fireplay]

Tom you raise a good point about a tourist visa...we considered going that route with her attending the meeting with my passport and rental agreements showing I live in Thailand and we plan on returning...

She has a degree in biology...just graduated and did ceremony in December...she works at tesco lotus if thats what you mean...but her parents are normal working/middle class folks...dads a builder mom makes crafts they own some land and grow rice...

She has no money...no property...

Again I donT have a home address...I am just passing through and setting up residency in this State for the first time....

[CaptHaddock]

Great replies and special thanks to captHaddock...so about the living in usa requirement...

does that mean I need to rent an apartment or something?

I travel alot and am currently in Austin TX.

I think this is where we would make the new US home base.

What paperwork would you recommend doing from here in the States?

I am planning to be back to Thailand in April.

I don'T want to rent a place and stay here without her...

Can we sort the k1 together while both in Thailand?

Also I noticed on the first paperwork...th i129...it asks me where I live...

Do I give them old rental information from Thailand?

Give my sisters address in Austin?

This is the tricky stuff I am trying to figure out how to go about...

So, to be clear, you are going to commit to marrying her, living with her exclusively in the US for the next 3 to 6 years so that she can become a US citizen, right? Because that's the only path that will ever enable her to come and go freely between Thailand and the US like you do. Until the green card is granted she will be living exclusively in the US with only short trips abroad preceded by obtaining Advance Parole. You will be able to come and go freely, but not to the point that it raises a question as to whether you are a bona fide couple living together.

Yes, you need to have a bona fide US address, i.e. where you live. Also, here's some of the fine print to which you should pay careful attention. When you agree to sponsor her for a green card you assume full financial responsibility for her in the US. This is a stronger obligation than marriage itself, because you will still be fully responsible for her even if you get divorced for the lesser of 10 years of until she becomes a US citizen.

Also, be aware that as a US citizen, even if she resides in Thailand she will be subject to US income tax for her whole life. Most Thai incomes will not exceed the Foreign Earned Income Exclusion so, she may not have to pay any actual income tax to the US, but, as you know, if she were to start her own business she will be fully responsible for the Self-Employment Tax of roughly 15% for which there is no exclusion.

I would be very careful never to make any misrepresentation on any document for the BCIS, such as where you live. The stakes are just too high and they are not a forgiving bunch. I don't know if you can obtain a K-1 while living abroad. You should either call the BCIS or ask at the US Consulate in Bangkok. You should search on "K-1 processing times" online. Some of the law firms that do immigration work maintain databases of current processing times at the various processing centers for all kinds of applications including K-1.

So, if you are onboard with all of those implications, and if you have chosen a responsible person then congratulations on embarking on this endeavor. It was one of the best things I ever did in my life and a continual source of satisfaction. One of the benefits of which you may be aware is that your wife will be eligible for spousal and, perhaps one day, widow's benefits from the Social Security Administration on your contribution record. Especially, if she is younger than you, that benefit could take good care of her someday in the future. And as a US citizen she will have the strongest possible claim to it.

Austin seems to be an excellent place to live, particular if there is a high-quality, low-cost ESL program at UT to bring her English up to uni level and offer her the opportunity to further her education in the US.

Good luck!

[tomwct]

Tom you raise a good point about a tourist visa...we considered going that route with her attending the meeting with my passport and rental agreements showing I live in Thailand and we plan on returning...

She has a degree in biology...just graduated and did ceremony in December...she works at tesco lotus if thats what you mean...but her parents are normal working/middle class folks...dads a builder mom makes crafts they own some land and grow rice...

She has no money...no property...

Again I donT have a home address...I am just passing through and setting up residency in this State for the first time....

I have lived here for 13 years and many girls ask me about Tourists Visas and normally I tell them their chances are slim and save

the $200 dollars for the Visa Fees. Some go ahead and apply and are turned down. With you and her the chances are the same, slim

and none! My GF and now wife applied 2 years ago. We were not married, but she used me as a sponsor, which is no problem. She

has a MBA and is C-7 with District Office in Korat. Also, she's never been married, owns 2 pieces of land (4 rai) and two

houses, a car and truck! I figured they would give her a one entry Tourist Visa, but she requested an English Speaking Consulate

Officer (her English is pretty good). He talked with her about 10 minutes and said thank you and walked away! She did not know

whether she got the visa or not. She asked the security guy on the way out and he said did he keep your passport. She said yes!

He said you got your Visa! A week later she received her passport with a 10 Year Tourist Visa!

So, apply for her Fiance Visa from Texas and the waiting will start. Good Luck!

[CaptHaddock]

Sounds like she is just an uneducated working girl in Thailand that would not qualify for a Tourist Visa. So, step two would be

a Fiance Visa. Yes, you would need a permanent address in the states, but most importantly, this VISA could take 2-3 years and

you should apply from your home address in Texas. I believe the costs is around $300-350. Good Luck Mate

Do you have a source for a K-1 processing time of 2 to 3 years? My own quick search shows 77 days:

http://www.visajourney.com/content/k1historical

[tomwct]

Sounds like she is just an uneducated working girl in Thailand that would not qualify for a Tourist Visa. So, step two would be

a Fiance Visa. Yes, you would need a permanent address in the states, but most importantly, this VISA could take 2-3 years and

you should apply from your home address in Texas. I believe the costs is around $300-350. Good Luck Mate

Do you have a source for a K-1 processing time of 2 to 3 years? My own quick search shows 77 days:

http://www.visajourney.com b/content/k1historical

They were quoting 2 years because of background investigations. I personally believe it's because they want you and your GF

to break up and the Visa would not be necessary, but that's my opinion.

[CaptHaddock]

Sounds like she is just an uneducated working girl in Thailand that would not qualify for a Tourist Visa. So, step two would be

a Fiance Visa. Yes, you would need a permanent address in the states, but most importantly, this VISA could take 2-3 years and

you should apply from your home address in Texas. I believe the costs is around $300-350. Good Luck Mate

Do you have a source for a K-1 processing time of 2 to 3 years? My own quick search shows 77 days:

http://www.visajourney.com b/content/k1historical

They were quoting 2 years because of background investigations. I personally believe it's because they want you and your GF

to break up and the Visa would not be necessary, but that's my opinion.

Right. So, my question is: who is "they?" Do you have a basis for this or are you just making it up?

[USNret]

If she is on a spousal visa, immigration officer will appear randomly for checks to see if you guys are really living together (there are a lot of folks who have fake marriages just to get green card - citizenship). This usually happens yearly and in some cases more than once a year.

That's a ridiculous statement. No immigration officer I s going to visit your home.

[ericthai]

Sounds like she is just an uneducated working girl in Thailand that would not qualify for a Tourist Visa. So, step two would be

a Fiance Visa. Yes, you would need a permanent address in the states, but most importantly, this VISA could take 2-3 years and

you should apply from your home address in Texas. I believe the costs is around $300-350. Good Luck Mate

Sorry, but this is incorrect info.

The complete K1 visa process will not take 2-3 years it will take between 7-18 months, one of my friends completed his girlfriends in 10 months. When my girlfriend and I applied it took 13 months but that was due to some delays on our part.

The cost is much higher than $300-$350. The Home Land security fee alone is $340, then you still have the US Embassy visa fee (If I recall correctly is was $260), police report ( I think it was 100Baht) Medical Exam ( this was about $100 as she was missing some shots) Then once in the USA you need to change status (apply for green card) the cost for this is about $1500 and this takes anywhere from 4-12 months depending where in the USA you apply. So total fees are about $2300 and this is if you are doing it on your own.

Also, nobody from immigration in the USA comes to your house to check on you while waiting for the green card to be issued.

OP I would start out using your sisters address and for the financial requirements if you can not provide evidence enough to qualify then you can have a co-sponsor such as your sister.

also, you should keep all your boarding passes showing you traveled to Thailand to visit with your girlfriend to show evidence you have a relationship. You will need allot of pictures of you

and her together 100+ pictures is good. The K1 process is not difficult but you need to make sure to follow directions complete forms properly and provide the requested information.

If you need help you can PM me.

Good Luck!

Edited February 21, 2016 by ericthai

[bunnydrops]

If she is on a spousal visa, immigration officer will appear randomly for checks to see if you guys are really living together (there are a lot of folks who have fake marriages just to get green card - citizenship). This usually happens yearly and in some cases more than once a year.

Since you said randomly, I won't say that that is not true. But I do know a couple whose marriage went bad in less than a year and have been living over 500 miles apart for over 3 years now. They remain married and neither has had such a visit. Also, the US is not that strict about leaving the country. You are supposed to stay in the country for more than 6 months out of the year to keep your permanent residency and green card, but if you stay out for less than one year you don't need to get an reentry permit.but it is advisable. If you do this in the first year, you will be "reminded" of the terms on your return, and if you leave again in short order, You will lose both the GC and PR . In short, not allowed back in. If you have been in the country for a few years already, you get more slack, but still need an reentry permit if you will be out of the country for more than a year. You can never stay out more than 2 years unless you are working overseas for an American based company.

[bunnydrops]

Tom you raise a good point about a tourist visa...we considered going that route with her attending the meeting with my passport and rental agreements showing I live in Thailand and we plan on returning...

She has a degree in biology...just graduated and did ceremony in December...she works at tesco lotus if thats what you mean...but her parents are normal working/middle class folks...dads a builder mom makes crafts they own some land and grow rice...

She has no money...no property...

Again I donT have a home address...I am just passing through and setting up residency in this State for the first time....

If she has a steady job, she does have a fair chance of getting a tourist visa, but she would have to show that she has enough money for the time she is in the States. My wife has been refused a tourist visa twice. She owns a house and land, she has a fair amount of money in the bank--- but does piece work. No kids. For a tourist visa, assets are not enough, and if she says she is going to visit you--Red Flag, as you maybe trying to get her into the States thruogh the back door, to marry her without getting a fiance visa.

[mike324]

If she is on a spousal visa, immigration officer will appear randomly for checks to see if you guys are really living together (there are a lot of folks who have fake marriages just to get green card - citizenship). This usually happens yearly and in some cases more than once a year.

That's a ridiculous statement. No immigration officer I s going to visit your home.

Its not, I've known people who had immigration visited their house. You can simply search on google "immigration officer visit home" or "USCIS visit home". There are load of topics with people talking about it. If you are from a certain country such as China, they are more likely to visit than others. This is to cut down on marriage fraud, there are many people paying starngers thousands of dollars to be in a fake marraige in order to get citizenship. Many Chinese do this while they study in college as citizenship would probably take 4-5 years to obtain, so while in college its a good time to do so - the "stranger husand" will most likely be in the same location for that period as well.