Green card

[Boatman37210]

Thai wife wants to get green card and eventually become a citizen of the USA.  I've been living in Thailand for 5 years.  We married in Thailand and it is registered.  We've been married for 5 years.  Wife has a 10 year tourist visa.  She's been to the USA one time on it. 

 

It is my understanding that I can file an I130, and any associated paperwork, with immigration in Bangkok.  She can do the interview in Bangkok.  In other words, everything can be handled in Thailand in Bangkok.  Once approved, she will receive a green card in the mail roughly 3 weeks after she arrives the USA.  There is no adjustment of status to be done.

 

An acquaintance took his wife to the US on a 10 year tourist visa and while there applied for a green card.  Supposedly the process was easy.  Not sure where the interview was done.  Maybe the initial application was done in the US and interview done in Thailand.  Not sure on that part.

 

My first question is that apparently it is okay to bring your wife on a tourist visa and apply for permanent residence while you are there as long as she goes back to the Thailand as scheduled?  I was thinking they frowned on entering on one visa and then apply for another.

 

Assuming the answer is yes, where better to do:  USA or Thailand?   If you have to follow the same I130 process in both countries, not sure how one country would be any easier than another.  I was puzzled by the "easy" comment.  Got me to thinking maybe where you do it makes a difference on how easy the process is.

 

Thanks.

 

 

 

 

 

[Thanyaburi Mac]

Best to do the I-130 here along with the associated paperwork, then immigrate to the U.S. and get the Green Card.  If she wants to become an AmCit, she'll have to reside mostly in the U.S. for at least three years before applying for citizenship.

 

Alternatively, if going to the U.S. on her Tourist Visa then applying for Adjustment of Status to that of PRA,  Permanent Resident Alien, she might, just might, skate through.  I have two friends who have gone this route.  However, there's lots of stories of Thai gals who at their Adjustment of Status interview with U.S. Immigration, blew it by saying that was their intent all along.  Denied.

 

Take a wander through www.visajourney.com for some examples of both.

 

Mac

[Boatman37210]

3 hours ago, Thanyaburi Mac said:

However, there's lots of stories of Thai gals who at their Adjustment of Status interview with U.S. Immigration, blew it by saying that was their intent all along

 

According to the lady there was no interview.  They filed papers and in 3 months she got her green card.  Also, no police report required and no medical certificate required.

 

Per USCIS website:

 

Concurrent filing is when an immigrant petition and the adjustment application (application for a green card, Form I-485, Application to Register Permanent Residence or Adjust Status) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location.

 

Concurrent filing is much quicker and easier than consular processing, but can only be done in the US.  Only one agency is involved where there are 3 or 4 agencies for consular processing.  They offer the option of filing in the US, but then deny if your intent does not match your visa.  I am confused as to what visa you are suppose to have in order to take advantage of concurrent filing in the US.  Apparently you either have to have the right intent and then change your mind, which is okay, or do the consular processing.  Does not make sense to me.

 

So far I have found nothing on the USCIS website about coming on a tourist visa with the intent to file for a green card as a reason for denial.

 

 

 

 

 

 

[thaihome]

13 hours ago, Boatman37210 said:

 

According to the lady there was no interview.  They filed papers and in 3 months she got her green card.  Also, no police report required and no medical certificate required.

 

Per USCIS website:

 

Concurrent filing is when an immigrant petition and the adjustment application (application for a green card, Form I-485, Application to Register Permanent Residence or Adjust Status) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location.

 

Concurrent filing is much quicker and easier than consular processing, but can only be done in the US.  Only one agency is involved where there are 3 or 4 agencies for consular processing.  They offer the option of filing in the US, but then deny if your intent does not match your visa.  I am confused as to what visa you are suppose to have in order to take advantage of concurrent filing in the US.  Apparently you either have to have the right intent and then change your mind, which is okay, or do the consular processing.  Does not make sense to me.

 

So far I have found nothing on the USCIS website about coming on a tourist visa with the intent to file for a green card as a reason for denial.

 

 

 

 

 

 

 

The filing of the I-130 in Bangkok is not a consular filing. You file it with the USCIS office across the street from the Consulate entrance.  Any I-130 filing outside US is going to be across at least two agencies as once I-130 is processed,  paperwork is submitted at and interview is done by state dept at consulate regardless of where I-130 was originally submitted.

 

I would not recommend entering US on a tourist visa with intent to apply for a green card. That would require you to commit perjury on your on supporting documents for the green card application.

TH 

 

[Boatman37210]

1 hour ago, thaihome said:

The filing of the I-130 in Bangkok is not a consular filing.

 

This off USCIS website:

 

If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available.

 

This is what they are calling consular processing.  As you stated there are two agencies:  USCIS and State Department.

 

Filing in the US is easier and quicker.  It is an option, but what I don't understand is how you get to the US legally to take advantage of that option.  If we use a tourist visa with green card intent, that is illegal.  Then what visa do you use to get to the US that is legal which would make it okay to file in the US?  Maybe there isn't one for green card intent.  Maybe the US filing option is for people who go for other intentions and then decide they would like to live there. 

 

I want to do this straight up, so I will file here.  The very, very last thing I want is to risk being in disfavor with immigration.

 

Thanks.

[thaihome]

13 minutes ago, Boatman37210 said:

 

This off USCIS website:

 

If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available.

 

This is what they are calling consular processing.  As you stated there are two agencies:  USCIS and State Department.

 

Filing in the US is easier and quicker.  It is an option, but what I don't understand is how you get to the US legally to take advantage of that option.  If we use a tourist visa with green card intent, that is illegal.  Then what visa do you use to get to the US that is legal which would make it okay to file in the US?  Maybe there isn't one for green card intent.  Maybe the US filing option is for people who go for other intentions and then decide they would like to live there. 

 

I want to do this straight up, so I will file here.  The very, very last thing I want is to risk being in disfavor with immigration.

 

Thanks.

In Bangkok it is not a consular filing. You file with USCIS office directly. You must prove residency first.

http://www.globicus.com/index.php/fx/1798-models/383-thai-baht-vs-thailand-s-set-50-index-equity-index

TH