USA - IR-1 Spousal Visa - Help Please

[transcapuk]

My wife and I have been married for 8 years; we have a 4 year old child who already has a US Passport and Social Security number.  In the 8 years of marriage, I've never taken my wife to America, but she's traveled the balance of the world with me, and has never overstayed a visa.  we've fallen on hard times and I need to return to find work and have our child begin school in 2017.  Late last year my wife applied for a US Tourist visa and was surprisingly rejected.  We reapplied in early 2016 and again rejected. We were better off then, but now, it's imperative for us to not miss a step in applying for an IR-1 Visa. 

 

At first, I thought about hiring a visa service such as Siam Legal, since I want to be certain we submit everything correctly as to not cause a delay, but I began thinking that we will then be at the mercy of the lawyers time schedule.  I know that we can submit the docs directly without an appointment, which cuts down the time frame, but we're in such a hurry to get to America so I can find work that we need this to move swiftly and without delay.

 

Can someone with experience help us with the following:

 

1. Visa Service or Ourselves?
2. If Visa Service, please recommend the service and costs.
3. We are doing a Co-Sponsor (my brother who has a different last name), I've kept my residence at his home in Texas since before I moved to Thailand, and plan on living there with my family. I don't have tax returns since I've left over 10 years ago.  Knowing this, what must I gather to submit with the application forms?
4. What time frame can we expect if we begin this process next week?
5. All associated fees and payment intervals?
6. Anything more that we"re missing...

 

*I'm currently on a Thai tourist visa

 

I've read about many who received the IR-1 Visa in 2, 3 & 4 months, and in our current state, I;d be more than grateful if we can hear from experienced people that were able to get the visa in such short periods of time.

 

Thank You in Advance!

Edited October 22, 2016 by transcapuk

[lopburi3]

Have you checked internet information on requirements for such an immigrant visa?  Believe a source of income is required so you may have to return and find employment and then subject paperwork at the appropriate US office for wife to follow later.  But I do not know current requirements so hope I am wrong.  Make sure you meet requirements before spending more money for lawyers (who should not be required in most cases).  

[Thanyaburi Mac]

If you are here on a Tourist Visa, looks like that precludes filing the Form I-130 and associated paperwork with the USCIS office here in Bangkok, what's called a DCF filing, or Direct Consular Filling.  Too bad, that  would have gone through quickly.

 

With your situation  now looks like you will have to file all the paperwork in the U.S.   The process is explained here:  https://th.usembassy.gov/visas/immigrant-visas/

 

There's a whole lot more information on www.visajourney.com

 

Note:  As far as finances are concerned, you should be able to meet the income level with one or more co-sponsors.

 

This is not a very quick process, probably need to figure on 6 months or well over that.  A friend went though this earlier in the year, he wanted to get his 10 year old American citizen son into a U.S. school for the fall 2016 term.  Ended up that he and the son traveled early on, got the kit in school OK.  The wife followed a couple of months later when her Immigrant Visa package was complete and finally approved.

 

There might be another option, the K-3 visa.  I am not really sure about this process as I thought it had been suspended a couple years ago.  You might phone the USCIS office and ask, or the Consulate.  In any case, it looks kind of complicated as you file both types of visa applications, the K-3 and the Immigrant Visa.  Some info for a Google on:  u.s. embassy bangkok k-3 visa

 

More info on VisaJourney.com

 

Don't know if no IRS returns will complicate things.  Thought those were pretty necessary even if located and working outside the U.S.

 

Mac

[gk10002000]

Not having filed your US tax returns is probably very bad.  You may not have been required to file a return since your income may have been < 10,000 USD or something like that, but if you maintain that argument, then how the heck are you going to convince the USA immigration authorities that you can support yourself, your wife, and your daughter? And if you now say you had income, but didn't file and report and settle things properly, then you have other issues.  If you were working in Thailand and supporting things, the income you earned in Thailand could have been exempt from USA taxes,  but you still were required to file.  Then you can claim foreign income exclusion, etc.

 

 So I think the money thing is a huge obstacle for you.  My co worker had about as many years where he didn't file.  Divorce, house burned down, many relocations, etc.  When he finally settled he got a tax lawyer, his W2 copies, social security records etc.  The IRS guy said he hadn't paid taxes.  My friend corrected him and said "I paid plenty of taxes, I just didn't file".  As it turns out once they did the forensic reconstruction, the IRS owed him a nice chunk of money and he paid no penalties, faced no charges, etc.  Just an example of what you might need or want to do. Claiming co sponsorship is something I was asked to do once for this lady I knew.  That is one large risk for somebody to assume.  I doubt that will make things much easier, but at least it may not be a hindrance.

 

  The USA folks do aggressively guard against situations such as yours where they don't want people being brought over without firm finances.  Of course how the thousands do get in every year still mystifies me since obviously some people find ways into the system better than others