Visitor Visa to Residency Visa in USA for Thai Wife

[ericovrsea]

My wife received her 10Yr Visitor Visa to the US, but now we are moving back in he next few weeks and need to stay longer than the 6mos Visitor Visa limit.  Was is the best and easiest Visa to apply for and how is the process, slow or fast, costly or not so much?  Must the new Visa application be applied for in Thailand, or can the Visitor Visa be changed while in the States?  Thanks for the feedback.

[Fithman]

https://www.uscis.gov/visit-united-states/extend-your-stay

[Thanyaburi Mac]

The BIG question is just how much longer than the 6 months normally allowed for a Tourist Visa on arrival?

 

If you're just talking about a month or three, probably no real problem.

 

But, if you are talking about staying in the U.S. permanently, there is a potential problem.  The USCIS might question the basis on which your wife received her Tourist Visa, which is authorized for people who intend to depart the U.S. after their initial permit  to stay ends.  If it is determined, by USCIS, that you planned to stay long term at the time she received the Tourist Visa, USCIS will most likely deny an extension.

 

This relates to Adjustment of Status from Tourist to PRA, Permanent Resident Alien, or Green Card holder.  There's discussions of this on www.visajourney.com

 

How long have you lived in Thailand?  If 6 months or more, an option might be to file for an Immigrant Visa for her at the USCIS office in Bangkok.  This is called a "Direct Consular Filing," DCF, and is processed fairly quickly, weeks, rather than months if filing in the U.S.

 

Mac

 

 

[ericovrsea]

Thanks for the reply Mac.  We visited the US for a couple months this summer, and introduced our baby to my family there.  During that time, i also interviewed for work and received an employment offer.  We made the decision to return and set up home there.  It all happened very quickly and I was relieved to learn from the link to USCIS from Fithman that we could proces a PRA Visa while there.

We depart in one week and don't have time to file with USCIS.  I start work in two weeks.  We are legitimate, but I hear what you are saying about questioning our intent.  Good thing is that we already went for a visit, returned to Thailand, and only now moving back.

Any comments or thoughts?  Appreciate the input and help!

[Thanyaburi Mac]

Returning to the U.S. so quickly after the last trip and clearly with the intent to stay, and file for Adjustment of Status as a PRA, does seem to violate the terms of travel of a Tourist Visa.

 

So, unless you have some smooth talking with the USCIS folks, your wife may have a rough time of it, and indeed, could be told to return to Thailand while you file for an Immigrant Visa.

 

Harsh words, I know, not what you want to hear, but beware of possible realities in dealing with USCIS.

 

Check out www.visajourney.com, I'm sure there's discussion of this, and the potential problems.

 

Mac

[Thanyaburi Mac]

The last sentence in this para sounds postive:

 

http://www.hooyou.com/i-485/eligible.html

 

Adjustment of status is discretionary. It is important to note that adjustment of status is up to the discretion of the USCIS officer handling each case. Even if an alien is eligible for adjustment and is not blocked by any of the statutory bars listed above, the USCIS may still deny an application for adjustment of status. In practice, adjustment of status will be granted where the alien is statutorily eligible and there are no "Negative Factors." When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives and immediate relatives in the US, may be a strong factor favoring adjustment. The preconceived intent to remain in the U.S. at the time of entry as a non-immigrant, even if this intent does not constitute fraud or willful misrepresentation, may be a sufficient negative factor to deny an adjustment of status application. However, immediate relatives of U.S. citizens can generally overcome such negative factors.

[kingstonkid]

After the issues with the Thai girls in Minesota and the current political situation. I would be worried and not try to do anything that is even close to oops.

Immigrating the the US should be done here.  No offence but immigration and teh ease of the process is one of the big issues and if CHILLARY keeps screwing up then you could see the Trump plan that will make immigration harder

[Shot]

I would be a bit concerned about entry for your wife. I'm not trying to instill negative thoughts or such, but the fact is, it could happen. If they find out your intent, it will happen.

 

Last time we (me the GF and two kids) entered through Seattle (April this year) we were questioned heavily. Mind you, it was all very professional and the immigration officers were very courteous, but also very thorough questioning our intent etc. That was our 4th entry in about 6 years.

 

You might consider rethinking this.

Edited October 29, 2016 by Shot

[westsail]

If your wife can stay in Thailand a few months longer she can file her I-30 application directly at the U.S. embassy in Bangkok (DCF) since you have been living in Thailand.

I returned to the U.S. in Dec. 2014 to look for work, and didn't apply for a visa for my wife before I left.  After I started working we did a DCF filing in late-Feb and she arrived in the U.S. 3 1/2 months later as a permanent resident.  We used our address in Thailand,  and mailed everything from Thailand, since technically you are supposed to be residing in Thailand in order to do a DCF filing.  If you are considering going this route do your research on visajourney.com

Best of luck to you and your family!