filing I-129f with K-1 visa in Thailand

[gypsyjaz1 0]

Hi, I'm about to file the I-129F form as a start to the K-1 visa process for my girlfriend here in thailand. Does anyone know if it makes a difference if I've been living in Thailand 5 years already? Or do we still have to mail the I-129F packet back to the Texas processing center? (We plan to live in California). Thanks in advance!

[Penguin_ie 5,992]

You still have to mail it to the USA, only spousal visas can be filed DCF.

Be sure to plan for the affidavit of support later in the process as you have been living abroad.

[JD63 4]

and establishing a domicile in the US. I'd work on getting those ducks in a row, and as Penguin stated, getting your income established and filing tax returns if needed, for the affidavit of support.

[Ning 619]

Hi, I'm about to file the I-129F form as a start to the K-1 visa process for my girlfriend here in thailand. Does anyone know if it makes a difference if I've been living in Thailand 5 years already? Or do we still have to mail the I-129F packet back to the Texas processing center? (We plan to live in California). Thanks in advance!

It makes a difference in many ways.

After living with her for X years you now want to file for a K 1. You will then wait out the basic one year until she can go to the USA to marry within 90 days. Then go thru the AOS procedure to get green card.

Keep in mind BKK does not allow the use of co sponsors for K 1s. You would have to submit the 134, explain your income situation in Thailand followed by another about your future plans in the USA related to support. You as the USC will not be allowed to explain this at her interview. She will have to or you can submit it in writing with the 134.

Why not marry in Thailand & file DCF for a CR 1 visa? Were you a legal resident of Thailand for the past 6 months? Co sponsors are allowed in CR 1 cases.

[Anh map 2,098]

It makes a difference in many ways.

After living with her for X years you now want to file for a K 1. You will then wait out the basic one year until she can go to the USA to marry within 90 days. Then go thru the AOS procedure to get green card.

Keep in mind BKK does not allow the use of co sponsors for K 1s. You would have to submit the 134, explain your income situation in Thailand followed by another about your future plans in the USA related to support. You as the USC will not be allowed to explain this at her interview. She will have to or you can submit it in writing with the 134.

Why not marry in Thailand & file DCF for a CR 1 visa? Were you a legal resident of Thailand for the past 6 months? Co sponsors are allowed in CR 1 cases.

Logistically it would be simpler to marry now and apply for a spouse visa. Read through the DCF Guide here on VJ to get a sens of what is involved.

Edited May 5, 2011 by Anh map

[gypsyjaz1 0]

Thanks for all this great info! Really helps. So I guess the plan is: we'll file the I-129F now and I'll go back to the usa alone soon. She'll do the K-1 process in Chiang Mai without me, and hopefully the income and domicile in usa will not be a problem, then she can join me there in the usa maybe in 4-6 months with K-1 visa in hand , or a year if it takes that long. Thanks again!

[Karee 4,190]

Thanks for all this great info! Really helps. So I guess the plan is: we'll file the I-129F now and I'll go back to the usa alone soon. She'll do the K-1 process in Chiang Mai without me, and hopefully the income and domicile in usa will not be a problem, then she can join me there in the usa maybe in 4-6 months with K-1 visa in hand , or a year if it takes that long. Thanks again!

Like everyone else said, DCF is the quickest, cheapest, and best option. I was married and living in Thailand and didn't know about DCF. It took a year to get my wife here filing from the US.

[JD63 4]

FYI Chiang Mai would not handle a K1, that would all be done via Bangkok

[gypsyjaz1 0]

Thanks for the great suggestion about the DCF. Looks like that would be fastest/hassle free route to take if we were already married and I was a legal resident, which I'm not. (I've had 6 consecutive 1 year O-A visas here in Thailand).

Actually, neither my girlfriend or myself want to relocate back to the U.S.A. full time. I usually spend 2-4 months in the U.S.A. every year, and each time I go it's a forced separation. To get around this, I'm thinking the K-1 is the easiest option considering the limited choices, and would give her a chance to experience life in the U.S.A. and see if she wants to live there part time. If she does like it after 3 months, then in order to satisfy the legal requirements we would get married and spend 2 years in the U.S.A, and then be free to have a split residence maybe 6months in each location? So that's the scoop.

Thanks again all for this great info!!

l

FYI Chiang Mai would not handle a K1, that would all be done via Bangkok

Ok, thanks!!

[Karee 4,190]

Thanks for the great suggestion about the DCF. Looks like that would be fastest/hassle free route to take if we were already married and I was a legal resident, which I'm not. (I've had 6 consecutive 1 year O-A visas here in Thailand).

Actually, neither my girlfriend or myself want to relocate back to the U.S.A. full time. I usually spend 2-4 months in the U.S.A. every year, and each time I go it's a forced separation. To get around this, I'm thinking the K-1 is the easiest option considering the limited choices, and would give her a chance to experience life in the U.S.A. and see if she wants to live there part time. If she does like it after 3 months, then in order to satisfy the legal requirements we would get married and spend 2 years in the U.S.A, and then be free to have a split residence maybe 6months in each location? So that's the scoop.

Thanks again all for this great info!!

l

Ok, thanks!!

The embassy will consider the O-A visa as residency. I was on a Non-O there, and that would have worked out fine.

The part time thing living in both places may cause some issues. Any time out of the US for more than 6 months without a re-entry permit raises flags about abandoning residency. Also, if you go K1 she'll be stuck in the US until you get either advanced parole or the green card. After 2 years 7 months she can apply for citizenship and all the residency requirements go out the window. My wife can apply for citizenship in 7 months. Once she has that in hand, we will be going back to Thailand on semi permanent basis and wont have any issues since she will have a US passport.

[Ning 619]

The embassy will consider the O-A visa as residency. I was on a Non-O there, and that would have worked out fine.

The part time thing living in both places may cause some issues. Any time out of the US for more than 6 months without a re-entry permit raises flags about abandoning residency. Also, if you go K1 she'll be stuck in the US until you get either advanced parole or the green card. After 2 years 7 months she can apply for citizenship and all the residency requirements go out the window. My wife can apply for citizenship in 7 months. Once she has that in hand, we will be going back to Thailand on semi permanent basis and wont have any issues since she will have a US passport.

Listen to this advise based in experiance. I think you are struggling with the facts while trying to determine the best course of action. The K 1 wont provide what you want. There is no visa that exactly fits but with some thought a C R 1 could become citizenship as Karee points out.

[gypsyjaz1 0]

The embassy will consider the O-A visa as residency. I was on a Non-O there, and that would have worked out fine.

The part time thing living in both places may cause some issues. Any time out of the US for more than 6 months without a re-entry permit raises flags about abandoning residency. Also, if you go K1 she'll be stuck in the US until you get either advanced parole or the green card. After 2 years 7 months she can apply for citizenship and all the residency requirements go out the window. My wife can apply for citizenship in 7 months. Once she has that in hand, we will be going back to Thailand on semi permanent basis and wont have any issues since she will have a US passport.

Excellent! We will definitely apply for the DCF with the O-A visa as residency then! Good luck with your wife's U.S. citizenship! We will try to do the same.

BTW, I found this comparison of the different types of visa's side by side helpful:

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

Thanks Karee, Ning, Ahn map and all, for the info and new clarity!!

[gypsyjaz1 0]

The visa comparison chart here in visajourney is under: Guides>begin here