Which Visa to Apply For?

[Tom and Teaw 1]

A question for you learned people. When last I wrote I was headed to Thailand to see my fiancee who had decided she did not want to follow through with the K-1 visa. While there I extended my trip an extra week and after a few hassles with papers at the Amphur's office wanted we got married. I know how difficult it is to get a tourist visa and probably even harder now that we are married as the will probably think she will come here to stay illegally on that visa. But I do want her to come here and meet my parents, grandkids, my kids, etc.

So any suggestions on any other kind of visa I can get to get her here for 30 days or so other than a K-3 now? I'd hate to go through all that process just to get her here for about a month only and then go back to Thailand. I still plan to move there in 2-3 years when I retire again. And yes, I wish she would have agreed to finish the fiancee visa, come here for 4-5 months and then she could have gone back to Thailand. But that's not an option now that we are married.

Thanks!!

[payxibka 10,047]

You can find out for a mere $131 investment... Apply and see what happens.

[Stepbrow 0]

Hi Tom,

IMHO save your money. Chances of getting a tourist visa are pretty slim. If I were you I would start the K3 visa process: I-130 followed by the I-129F. This is your quickest route. Another choice is the IR-1 visa. It takes a little longer, and is a little cheaper overall. If it is important to your wife to work soon after arrival, she can with the IR-1.

Good luck! Be patient.

[Ning 619]

A question for you learned people. When last I wrote I was headed to Thailand to see my fiancee who had decided she did not want to follow through with the K-1 visa. While there I extended my trip an extra week and after a few hassles with papers at the Amphur's office wanted we got married. I know how difficult it is to get a tourist visa and probably even harder now that we are married as the will probably think she will come here to stay illegally on that visa. But I do want her to come here and meet my parents, grandkids, my kids, etc.

So any suggestions on any other kind of visa I can get to get her here for 30 days or so other than a K-3 now? I'd hate to go through all that process just to get her here for about a month only and then go back to Thailand. I still plan to move there in 2-3 years when I retire again. And yes, I wish she would have agreed to finish the fiancee visa, come here for 4-5 months and then she could have gone back to Thailand. But that's not an option now that we are married.

Thanks!!

Tom,

I know I've said it before Tom but I know how you feel so once again- They will never give her a tourist visa, especially now that you are married. The advice to spend `131 bucks is bad idea.

I tried all of that in the past. Three times. When I tried the explanation of being married as logic they said that was the worst thing we could have done to try to get a tourist visa because her " strongest ties " were to her husband & not to her home country. They said they would never issue tourist visa to married people.

You will now have to get K 3 or CR1 if she wants to go to the USA. Mine took about 12 months.

[waitingpaidoff 0]

You can try to get visitor visa....magic happans everyday

[Ning 619]

You can try to get visitor visa....magic happans everyday

If you actually believe in what you say I would like you to send Tom 131 bucks & we will see how much magic you can buy.

[Tom and Teaw 1]

I know that in Thailand they are very very strict about issuing tourist visas. It is early impossible to get one and I know people who have govt. jobs, letters from their employer, own a how and property, etc etc and they turn them down. So I won't even try that route.

But help my ignorance. What is the CR-1 visa and why is it different from the K-3?

Keep in mind, I only want to bring her here for a month or so. She does not want to live here and I plan to move there after I retire again in 2-3 years. Of course, it would be nice if she could fly over now and then for a visit instead of me going there.

[Tom and Teaw 1]

I know that in Thailand they are very very strict about issuing tourist visas. It is early impossible to get one and I know people who have govt. jobs, letters from their employer, own a how and property, etc etc and they turn them down. So I won't even try that route.

But help my ignorance. What is the CR-1 visa and why is it different from the K-3?

Keep in mind, I only want to bring her here for a month or so. She does not want to live here and I plan to move there after I retire again in 2-3 years. Of course, it would be nice if she could fly over now and then for a visit instead of me going there.

I found the answer to what the CR-1 visa was but now I have a question about if you file the I-130 how do you designate it as a CR-1 instead of the K-3? I did not find an answer to that in the guides.

[Thai family 0]

A question for you learned people. When last I wrote I was headed to Thailand to see my fiancee who had decided she did not want to follow through with the K-1 visa. While there I extended my trip an extra week and after a few hassles with papers at the Amphur's office wanted we got married. I know how difficult it is to get a tourist visa and probably even harder now that we are married as the will probably think she will come here to stay illegally on that visa. But I do want her to come here and meet my parents, grandkids, my kids, etc.

So any suggestions on any other kind of visa I can get to get her here for 30 days or so other than a K-3 now? I'd hate to go through all that process just to get her here for about a month only and then go back to Thailand. I still plan to move there in 2-3 years when I retire again. And yes, I wish she would have agreed to finish the fiancee visa, come here for 4-5 months and then she could have gone back to Thailand. But that's not an option now that we are married.

Thanks!!

Congratulations on your marriage! You can call the US State Department's visa info line and ask them their advice. I wish we would have known about that number earlier, as we got quality advice from them. They put a bug in my ear: Notarized letters explaining your situation.

If you decide to apply for the tourist visa I suggest including concise ones from each of you stating your intent for her to return to Thailand and your plans and reasons for applying for the tourist visa. On the application forms there's not much opportunity to explain the situation. Then include anything you can think of to back up your claim. If she is totally honest with them, there is a logical explanation and they have your statements, which indicate that you both understand the law and the importance of complying, I think her chances of getting a tourist visa are higher. If she never plans to live here then a K-3 or CR-1 are inappropriate, as they put one on the immigrant path. Many couples have been "forced" to apply for them just so they could see each other without the US citizen always going abroad and so the spouse can meet family members (my kids included). Your statements give the Consular Officer something concrete to put in the file justifying their decision, which I'm sure makes for happier COs.

I have friends here now from India that use a tourist visa for him to visit for about 3 months about 1 1/2 years apart. They are young and his wife is a USC. They are in Christian ministry, so perhaps they come across as credible to the CO. Gender might make a difference, too.

This is only my opinion. The K-3 can be good if she only wants to freely come and go for a couple of years, then it expires if status is not adjusted, but at least she would have that option if she changed her mind or your plans to retire in Thailand didn't work out for some reason. The CR-1 has great advantages if one's intent is to immigrate. It can be revoked if one spends too much time out of the US, though. It took the kids 8 1/2 months to obtain my DIL's K-3. They would much rather live in Thailand - except for his career situation.

Thai Mom

[daboyz 36]

I know that in Thailand they are very very strict about issuing tourist visas. It is early impossible to get one and I know people who have govt. jobs, letters from their employer, own a how and property, etc etc and they turn them down. So I won't even try that route.

But help my ignorance. What is the CR-1 visa and why is it different from the K-3?

Keep in mind, I only want to bring her here for a month or so. She does not want to live here and I plan to move there after I retire again in 2-3 years. Of course, it would be nice if she could fly over now and then for a visit instead of me going there.

I found the answer to what the CR-1 visa was but now I have a question about if you file the I-130 how do you designate it as a CR-1 instead of the K-3? I did not find an answer to that in the guides.

When you file the I-130, you are filing for IR-1/CR-1. If you follow that up with I-129F you are filing for K-3. Usually they both get approved at the same time, and then you have to decide which path you want to pursue. If you want IR-1/CR-1, then ignore the correspondence from NVC concerning the I-129F and just follow the I-130 approval route at NVC. If you don't file the I-129F then you are IR-1/CR-1 all the way. There is no K visa without the I-129F.

That said, I think trying to bring her here for a short visit using a marriage visa is probably not going to work. From my experience, the minute she says she is married to a farang, the tourist visa is out, unless she has some really strong financial ties to Thailand.

[Ling Ling 22]

Sounds like you've got some good advice.

One small correction...NVC will NOT contact you regarding a K-3 visa. I-129f petition passes through the NVC, then you're contacted by the local embassy.

As for the advice. Sounds like Thai Family has a good line on this and the possibility of a tourist visa. Sounds like a tourist visa is the most appropriate for your case.

While it's typically unlikely for one to be granted...you'll have a better chance by showing ties to her homeland, and submitting the notarized letters, here's why...

The main purpose of the notarized letters is evidence to be used against you if you try to circumvent the immigration process.

Once they have notarized letters from you in your file, if she overstays on the tourist visa, they come and grab her, and since you've already said in the letters that you understand the law, they'd happily give her a 10 year or life ban. That's why they like notarized letters...not because it shows that you're honest, but because it makes it easier for them to prove fraud if she overstays or tries to do an adjustment of status. COs are happier because they don't have to worry about actual intent. If your intent is just for tourist travel, you're fine. If your intent is to circumvent the immigration process, then the CO is fine.

Good luck.

[Tom and Teaw 1]

Our intent is not to circumvent the immigrations laws, but if I can get her a visa so she can come and go freely over 2 years, that would ease the strain of me flying there 3 times a year and allow her to meet my family. I'd hate to have to apply for a tourist visa every 6 months or so to get her over here. That can get just as expensive as getting the K-3 or maybe more. We went through the I-129 process all the way up to having an interview date this last August and then she said she didn't want to be away from her daughter for up to 6 months waiting for the AP so she could go back and forth after that. So we just got married while I was there since that was our plan anyway.

But do you really think the notarized letters would work? They are real hard on tourist visas in Thailand and although the wait may be longer, I am thinking the K-3 or CR-1 would be the best route to follow for now. By the time she got it and came over and the 2 years expired I would be about ready to retire again and move over there. I do appreciate all the advice as it will help me decide which route I want to take next. So keep it coming!!!

[Ling Ling 22]

My apology if it sounded like I thought you were trying to circumvent the immigration process.

I was just trying to point out why notarized letters would be helpful...and yes, I do think they would be helpful...but there are no guarantees.

That said...

At first you made it sound like this was a one-time visit you wanted. Now that you're saying it could be ongoing...why not avoid the ongoing hassles

and just petition for a K-3 visa? It's good for 2 years, and you can easily apply for an extension.

Send in your I-130 package...when you get NOA1, send in I-129f.

Check the guides for complete information.

Good Luck

[Tom and Teaw 1]

My apology if it sounded like I thought you were trying to circumvent the immigration process.

I was just trying to point out why notarized letters would be helpful...and yes, I do think they would be helpful...but there are no guarantees.

That said...

At first you made it sound like this was a one-time visit you wanted. Now that you're saying it could be ongoing...why not avoid the ongoing hassles

and just petition for a K-3 visa? It's good for 2 years, and you can easily apply for an extension.

Send in your I-130 package...when you get NOA1, send in I-129f.

Check the guides for complete information.

Good Luck

No offense taken about your comment. Just wanted to make it clear we are not trying to do anything illegal. I am not sure how many times I could get her to come over here...maybe once a year?? But I'll check further and then decide which way we should try to go. The idea of her being able to come and go whenever she wants is certainly more appealing than the tourist visa.