GF has 10yr tourist visa to US. Is it better to get marriage visa first or get married in US and change visa there?

[inquisitive]

An American friend of mine has a GF with a 10 yr b1/b2 visa (tourist /business) for the usa. They have already taken several 5-6 month trips to the usa. He'd like to get married in the usa, but would also like to propose in his old home town, not in Thailand.

Should he travel to the usa on the existing visa and get married once there (assuming she agrees) or must he either get a fiance visa or even get married in Thailand and change his visa over here? Besides ruining his practiced proposal, it would delay the event for many months or even a year or two.

The immigration rules state that if she KNOWS she'll get married on any given trip, then she isn't arriving for the purposes of tourism. I know from someone else in the village that US immigration gets all bent up over this. The poor girl from the village had quit her job and sold her car in preparation for a move.

When that poor hapless girl arrived she proudly told the immigration officer of her plans ... and was sent back to thailand on the next plane!

In my friend's case, the Thai lady believes she's just going for a visit. (If my friend has misread her feelings, that might even be all that happens. Who knows?)

So what do you think they should do?

Thanks.

[Thanyaburi Mac]

A Q here:  are they planning to stay in the U.S., or planning on another visit and return to Thailand?  Big difference.

 

If the plan is to return to Thailand, then no problem on place of marriage, here or in the U.S.  My wife and I got married on a U.S. trip, she also had a 10-year visa at the time.

 

If the plan is to marry here, or marry in the U.S. and then apply to stay in the U.S., Adjustment of Status, then that may well be frowned upon by U.S. Immigration.

 

Mac

[Thanyaburi Mac]

I should add one consideration if you are planning to move to the U.S.

 

If you are sort of "resident" in Thailand for at least six months, you are probably eligible for filing for an Immigrant Visa for a wife in Bangkok at the local USCIS office.  This is called a Direct Consular Filing, DCF, and will generally go through quite quickly, perhaps a month.  Then you'll deal with the Consulate of the Embassy, that process probably just a month or two.

 

https://th.usembassy.gov/visas/immigrant-visas/immigrant-visas-overview/

 

Mac

[lopburi3]

Immigration gets upset when it is used to shortcut the immigration procedures (change of status after marriage without leaving USA).  So as said should not be any issue if planning to return to Thailand, as it appears.

[realenglish1]

Once you apply for change of status She will be required to stay in the USA without leaving until she is issued her papers  Could take up to a year and a half

for that

So you need to decide 

[BarnicaleBob]

I would suggest she go to America as a tourist, get married there if she agrees, return to Thailand and apply for a marriage visa.  It should only take four months or so for the marriage visa and immigration will be happy to see that you followed the immigration rules.  It is also a lot less expensive to file for a marriage visa in Thailand than to go to the US on a tourist visa and then file for a change of status.  Not to mention it being the legal way.

[Ulic]

Get married in the country where you intend to reside. Be prepared to stay there until

permanent visas are sorted out. I have had family and friends around the world

Canada, USA, Switzerland experience great difficulty getting their spouse home

after getting married in a foreign country and then applying to immigrate. 3-6 years

to process there applications. If she knows nothing about the marriage proposal/wedding

when she enters the country, she is not lying to immigration.

[edwardflory]

Immigration in BOTH Thailand and USA are a pain.  I had a friend who has been marred 10 years - married in Th, properity is JOINTLY owned in US, condo in Th, and SHE went through hell getting a marriage visa.  She also owns 2 houses in Th.  She also has dependent ID - married to retired serviceman and has traveled on US MILITARY AIRCRAFT ( space available ) with her husband.

OPINION: Plan carefully what you want to do.  A Immigration Atty IN THE USA probably will be your best bet

[kalidescopemind]

US Immigration lawyers are a lot cheaper in Thailand (get a farang) than in the US.  You can also get a fiancee visa, but they seem to prefer you go all in with an immigration visa.   Its time consuming (9 months at the soonest), and a hassle, but the sooner you start, the sooner she will have that nice stamp on her passport and a two year greencard.   A fiancée visa may be faster, get a lawyer, a mistake on your application can cost you months.  Then you need to report in two years to show you have behaved like a married couple, (not hard if you have) and then you get a 10 year immigrant visa and you can forget about it for a long time.   So check with your lawyer before you get married.  I paid B55,000 a few years ago, American lawyers in the US are 2-5x that price.   I heard some talk a year ago that they may phase out the fiancée visa, but I don't stay on top of it anymore.

Edited December 23, 2016 by kalidescopemind

[kalidescopemind]

"Practiced proposals" will mean little to you when you realize you are dealing with people who have the power to decide where in the world you two will live.  I thought it would be a simple process when I first got to Thailand.  I felt a whole lot differently when I had to leave my wife in BKK because my Thai visa expired.   They only gave me a two month extension on my 6 month visa in TH when I got married there.  I had to go back to the US and get a one-year marriage visa to return. 

[SMEinBangkok]

Make sure that your friend has his lawyer, either in Thailand or the US, fully explain the ramifications of the affidavit of support he'll be required to sign as part of the process.

 

Here's a few highlights:

You have to show a minimum of around $20k income per year (or a much larger amount of fixed assets) if it's just him and his wife, more if there's children

This affidavit of support is for LIFE.  The only events that will stop it are:  his death, his wife gaining US citizenship, his wife working full-time for 10 years and paying into social security, or his wife giving up her green card and leaving the US.

The affidavit can't be waived in a pre-nup.  It is enforceable in local, state and federal courts.

And here's the really fun parts:  a green card holder (legal permanent resident alien) is not required to seek full citizenship.  They can keep their green card for life.  There is no requirement for the spouse to work and he/she cannot be compelled to do so under the affidavit.  Divorce does NOT revoke the affidavit, neither does remarriage.  

 

When you sign that affidavit of support is a lifetime agreement to provide monetary support to that person.

 

I know....hard to believe.  Feel free to do your own online research.  You'll see that I'm not kidding.

[lopburi3]

8 minutes ago, kalidescopemind said:

"Practiced proposals" will mean little to you when you realize you are dealing with people who have the power to decide where in the world you two will live.  I thought it would be a simple process when I first got to Thailand.  I felt a whole lot differently when I had to leave my wife in BKK because my Thai visa expired.   They only gave me a two month extension on my 6 month visa in TH when I got married there.  I had to go back to the US and get a one-year marriage visa to return. 

You could have obtained such a visa in an adjacent country - there was no need to return to USA.  And if you qualify financially (400k Baht - about US 100% poverty level for single person) you can extend any 90 day entry forever in yearly intervals in Thailand.  

[elgordo38]

I have no intention to rain on your parade but they make prenups for a reason especially if its the second time around for you. Yes its great to be in love but look at it as well as PYOA. Being in love is great lasting through the years with laughter and tears is even greater. I personally experienced the negative side taking a lady "home" to live. My country is full of coffee klatching cigarette smoking full of advice ladies and they sure did a number on my wife at the time over time. It all fell apart when she wanted to bring a son over from her home country. I balked. It took a while but she eventually tuned me in to all the "rights" she had in the country. Needless to say it did not end well. Look at all aspects of your decision to make sure your protected. The laws in the west can be a bitch. Good luck sincerely. 

[JohnIrish]

This is my "I have a friend story". 

 

I know a Thai lady who came here on a tourist visa.. overstayed the visa by at least 2 years. Of course, she also worked in the US illegally for those two years. My advice to them was much like this forum.. go back to Thailand and get a marriage visa to do it properly. 

 

They simply got married in the US... Did the marriage visa while here. She did the interview and was never asked about her tourist visa or overstay. No issues at all and is now a US citizen. 

 

Just telling you what actually happened. 

[Dakhar]

1 hour ago, SMEinBangkok said:

Make sure that your friend has his lawyer, either in Thailand or the US, fully explain the ramifications of the affidavit of support he'll be required to sign as part of the process.

 

Here's a few highlights:

You have to show a minimum of around $20k income per year (or a much larger amount of fixed assets) if it's just him and his wife, more if there's children

This affidavit of support is for LIFE.  The only events that will stop it are:  his death, his wife gaining US citizenship, his wife working full-time for 10 years and paying into social security, or his wife giving up her green card and leaving the US.

The affidavit can't be waived in a pre-nup.  It is enforceable in local, state and federal courts.

And here's the really fun parts:  a green card holder (legal permanent resident alien) is not required to seek full citizenship.  They can keep their green card for life.  There is no requirement for the spouse to work and he/she cannot be compelled to do so under the affidavit.  Divorce does NOT revoke the affidavit, neither does remarriage.  

 

When you sign that affidavit of support is a lifetime agreement to provide monetary support to that person.

 

I know....hard to believe.  Feel free to do your own online research.  You'll see that I'm not kidding.

 

 

I was married to the devil's sister for 10 years.  She had a green card, and I had signed the affidavit of support.  

 

We moved to Thailand, and after 10 years of marriage (5 spent in the USA, and 5 spent in Thailand). After our tenth year together, she explained to me that she had met her one true love (and he wasn't me.)

 

She asked for a divorce so she could be married to her new love.

 

After he dumped her, she asked to be forgiven, and to return to the USA.   I said, "absolutely not."    I suspected her intention was to enforce the affidavit of support.   I would have been nailed with alimony, child support, and a life time support for her due to the affidavit.   The  mandate is to  maintain the relative/spouse/ex-spouse at 125% of the federal poverty line.

 

Alimony would have been around 30K a year (and I would have had to pay that for 5 years)  child support around the same amount.   

 

The divorce was finalized in Thailand, she still walked away with far more money/assets than she deserved.   But over all, it was a bargain to get divorced in Thailand.

 

 

(just telling you what actually happened)

 

and getting divorced to her was actually the BEST DAY OF MY LIFE :)

Edited December 23, 2016 by Dakhar

[Grubster]

12 hours ago, edwardflory said:

Immigration in BOTH Thailand and USA are a pain.  I had a friend who has been marred 10 years - married in Th, properity is JOINTLY owned in US, condo in Th, and SHE went through hell getting a marriage visa.  She also owns 2 houses in Th.  She also has dependent ID - married to retired serviceman and has traveled on US MILITARY AIRCRAFT ( space available ) with her husband.

OPINION: Plan carefully what you want to do.  A Immigration Atty IN THE USA probably will be your best bet

Yes and it is not and will not be getting easier to get your wife permanent citizenship in the US.

[inquisitive]

This is my "I have a friend story". 
 
I know a Thai lady ...
 
They simply got married in the US... Did the marriage visa while here. She did the interview and was never asked about her tourist visa or overstay. No issues at all ...

Just wondering, what state did your friend's lady apply for her new visa? I understand that can make a difference.