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Filed: Country: Thailand
Timeline
Posted

My Thai wife and I (US citizen) were married 2/08 after a seven-year relationship. I've been yo-yoing between Thailand/USA. She's planning on a one month visit in 10/08. Having been denied twice over the years for a tourist visa, we're hoping for better luck this time. Is it advisable to start proceedings for a K-3 now or wait until she's back in Thailand in 11/08? Why do we need a 129-F (fiancee visa) if we're already married? Do both of us have to fill out G-325A? Is it reasonable to attempt to get a K-3 without an immigration lawyer? Thank you all very much for your input. I feel overwhelmed.

Posted

My Thai wife and I (US citizen) were married 2/08 after a seven-year relationship. I've been yo-yoing between Thailand/USA. She's planning on a one month visit in 10/08. Having been denied twice over the years for a tourist visa, we're hoping for better luck this time. Is it advisable to start proceedings for a K-3 now or wait until she's back in Thailand in 11/08? Why do we need a 129-F (fiancee visa) if we're already married? Do both of us have to fill out G-325A? Is it reasonable to attempt to get a K-3 without an immigration lawyer? Thank you all very much for your input. I feel overwhelmed.

Hi,

The K-3 is a hybrid visa. See the guides. You have to submit both packages. The instructions say to submit the I-130 and then the I-129F after you have the receipt for the I-130. I think they should use a different form for the K-3 instead of I-129F, as it's confusing to applicants. We wish we had submitted them at the same time, as it took 2 1/2 months to get a receipt for the I-130, which apparently has slowed things down. Have you considered an immigrant visa? I guess it depends on your plans.

My DIL was denied a tourist visa in Bangkok too. At the time she applied they hadn't decided on which continent to live. We had hoped to have a wedding reception for them over the holidays. I'm wondering if showing up at the embassy now with copies of the petitions and the receipts would convince them that she wouldn't be an over-stay and a tourist visa could be granted in the interim. At this point the kids plan to wait out the USCIS. It would be nice if they could be together for their first anniversary.

Lots of people do this without an attorney. Attorneys can't speed the process up. Reading here will help you avoid mistakes. It requires attention to detail and doing things exactly like they want them (not how a normal person would think they should be done)!!

Good luck. I hope this helps.

Filed: Country: Thailand
Timeline
Posted
My Thai wife and I (US citizen) were married 2/08 after a seven-year relationship. I've been yo-yoing between Thailand/USA. She's planning on a one month visit in 10/08. Having been denied twice over the years for a tourist visa, we're hoping for better luck this time. Is it advisable to start proceedings for a K-3 now or wait until she's back in Thailand in 11/08? Why do we need a 129-F (fiancee visa) if we're already married? Do both of us have to fill out G-325A? Is it reasonable to attempt to get a K-3 without an immigration lawyer? Thank you all very much for your input. I feel overwhelmed.

Hi,

The K-3 is a hybrid visa. See the guides. You have to submit both packages. The instructions say to submit the I-130 and then the I-129F after you have the receipt for the I-130. I think they should use a different form for the K-3 instead of I-129F, as it's confusing to applicants. We wish we had submitted them at the same time, as it took 2 1/2 months to get a receipt for the I-130, which apparently has slowed things down. Have you considered an immigrant visa? I guess it depends on your plans.

My DIL was denied a tourist visa in Bangkok too. At the time she applied they hadn't decided on which continent to live. We had hoped to have a wedding reception for them over the holidays. I'm wondering if showing up at the embassy now with copies of the petitions and the receipts would convince them that she wouldn't be an over-stay and a tourist visa could be granted in the interim. At this point the kids plan to wait out the USCIS. It would be nice if they could be together for their first anniversary.

Lots of people do this without an attorney. Attorneys can't speed the process up. Reading here will help you avoid mistakes. It requires attention to detail and doing things exactly like they want them (not how a normal person would think they should be done)!!

Good luck. I hope this helps.

Dear Thai Family,

Thanks for your quick reply. My wife and I are both happy to live, for the most part, in Thailand but if we could be sure that one type of visa (e.g. K-3) was "easier" than an other (e.g. immigrant) we'd go with the easier one. Sorry about the delay of the son/DIL wedding plans. My I suggest, from our own experience, that a traditional Thai wedding has "a lot" to say for it. Especially the number of photographs. A LOT! Also from our own experience, showing up at the US consulate in BKK with ANYTHING that SUPPORTS a Thai's visa application will be COUNTER-PRODUCTIVE (he said, bitterly).

Filed: K-3 Visa Country: Thailand
Timeline
Posted
My Thai wife and I (US citizen) were married 2/08 after a seven-year relationship. I've been yo-yoing between Thailand/USA. She's planning on a one month visit in 10/08. Having been denied twice over the years for a tourist visa, we're hoping for better luck this time. Is it advisable to start proceedings for a K-3 now or wait until she's back in Thailand in 11/08? Why do we need a 129-F (fiancee visa) if we're already married? Do both of us have to fill out G-325A? Is it reasonable to attempt to get a K-3 without an immigration lawyer? Thank you all very much for your input. I feel overwhelmed.

We were denied 3 times so I know how this goes. You will never get past the "strongest ties " rule. This is because her ties are to you where ever you are & they dont think she will return if she gets into the USA. I was told it was a unfortunate catch 22.

If you begin any attempt at any visa they will deny the tourist visa because of that alone. You absolutley do NOT need a lawyer; they just collect your same info & pass it on. Then they collect your money.

You will file a 130 in any case so do that now. The 129 results in a K 3. That is designed to let her come to USA quicker & follow up with the CR1 later.

That is what we did. The problem was the K 3 took almost as long as the CR 1 so we may have spent some money for nothing but we are happy to have the K 3 now.

You should should find & study the NVC flow chart here on V J in the guides area. This will show you a difference in the time needed for the CR 1 which is a huge difference. To me this changes the idea that people have that they each take about the same time to get. There can be months of difference in time.

In my case it would have been 4 months.

Posted

Hi again,

Thanks for the suggestions. Thai weddings sound magical. My son is working his tail off in order to honor his wife's family when that big event happens, hopefully when he returns for her interview. We would like to go if possible. It is one kicker of a trip! Watching the sunrise in Bangkok and one over LA in the same day is an unforgettable experience. I'd love to have a reception here for them on Oct. 19th, their first anniversary. We shall see.

I've been reading some more. If the DCF doesn't work, I wouldn't bother with the K-3. I am wishing somewhat that the kids 129-F could be withdrawn. Now that bills can be paid online at the NVC, it appears that that part of the process is speeding up appreciably for the immigrant visa. It seems through my what-ever-colored glasses that those who just filed the I 130 without the 129 F are actually getting approved at the USCIS faster than those who filed both. I wonder if it isn't because two petitions make more work for them, and they tend to get put the K-3s off? Psychology 101. I haven't compared the time lines at the Bangkok Embassy.

If you aren't in a hurry, you could pull out all the stops for the visitor's visa. I'd like to know how many are actually issued in Thailand . Are there any success stories out there? Students and other J 1s can get visas fairly easily. I've written my congressman about the catch 22 that penalizes spouses. I don't expect anything to happen. If all VJ ers wrote their congress people, perhaps someone would get a hint. We have a USC friend married to an Indian citizen. The husband comes here regularly on a visitor's visa. She is very calmly assertive and goes to the Embassy with him. I know they have all of their ducks in a very precise row.

Rambling here. Love my daughter-in-law.

I wish you well in whatever route you choose.

My Thai wife and I (US citizen) were married 2/08 after a seven-year relationship. I've been yo-yoing between Thailand/USA. She's planning on a one month visit in 10/08. Having been denied twice over the years for a tourist visa, we're hoping for better luck this time. Is it advisable to start proceedings for a K-3 now or wait until she's back in Thailand in 11/08? Why do we need a 129-F (fiancee visa) if we're already married? Do both of us have to fill out G-325A? Is it reasonable to attempt to get a K-3 without an immigration lawyer? Thank you all very much for your input. I feel overwhelmed.

Hi,

The K-3 is a hybrid visa. See the guides. You have to submit both packages. The instructions say to submit the I-130 and then the I-129F after you have the receipt for the I-130. I think they should use a different form for the K-3 instead of I-129F, as it's confusing to applicants. We wish we had submitted them at the same time, as it took 2 1/2 months to get a receipt for the I-130, which apparently has slowed things down. Have you considered an immigrant visa? I guess it depends on your plans.

My DIL was denied a tourist visa in Bangkok too. At the time she applied they hadn't decided on which continent to live. We had hoped to have a wedding reception for them over the holidays. I'm wondering if showing up at the embassy now with copies of the petitions and the receipts would convince them that she wouldn't be an over-stay and a tourist visa could be granted in the interim. At this point the kids plan to wait out the USCIS. It would be nice if they could be together for their first anniversary.

Lots of people do this without an attorney. Attorneys can't speed the process up. Reading here will help you avoid mistakes. It requires attention to detail and doing things exactly like they want them (not how a normal person would think they should be done)!!

Good luck. I hope this helps.

Dear Thai Family,

Thanks for your quick reply. My wife and I are both happy to live, for the most part, in Thailand but if we could be sure that one type of visa (e.g. K-3) was "easier" than an other (e.g. immigrant) we'd go with the easier one. Sorry about the delay of the son/DIL wedding plans. My I suggest, from our own experience, that a traditional Thai wedding has "a lot" to say for it. Especially the number of photographs. A LOT! Also from our own experience, showing up at the US consulate in BKK with ANYTHING that SUPPORTS a Thai's visa application will be COUNTER-PRODUCTIVE (he said, bitterly).

 
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