Questions for a beginner/IR 1

[sunnysayan 0]

Direct Consular Filing- IR 1 / Questions for a beginner

Hello all,

My husband of 5 years was denied a tourist visa, so we are going to try for the Direct Consular Filing- IRC 1. The embassy told us P0INT BLANK to file for a PERM visa.

We are both self employed, we work together, have a seasonal successful business, live abroad and have filed our US taxes/overseas income for the last 4 years. He has an INTI number.

My question is we are not sure we want to live permanently in the states- But since we were denied a tourist visa, its our only option. Can we apply for this, and then come back and live/work in our home abroad?

What is the deal with a re-entry permit to keep his status valid?

If he is granted this visa and we change our minds, what guarantee will we have to change this visa BACK to the 10-year tourist visa we wanted, but didn’t get in the first place?

How will I handle the residency thing? I live on PERM visa overseas. I don’t have a real home in the US and file our taxes as a non-res. I do maintain a real mailing address, credit cards, and a US telephone.

Any tips before we start? Thank you!

[Penguin_ie 5,994]

You say your business overseas is seasonal. How much time do you plan to spend in the USA and how much overseas? The visa you are applying for is for Permanent Residency in the USA, and thus he will be required to spend the majority of his time in the USA, otherwise he will loose his residency/ green card. If he has a very good reason, he probably will get a re-entry permit for a year or so, but this won't be forever; these permits are usually granted to finish up a business, to study abroad or to deal with a family issue, not to live abroad long term.

You cannot change visas. You are of course free to apply for a tourist visa if you end up not using the IR-1 or use it for a bit, but then he looses his residency due to living abroad. I don't think it will be any easier to get the tourist visa then though- if anything, more difficult as he has proved past immigrant intent.

You have plenty of proof of US domicile (credit card, mailing address, US telephone with US bills etc), so that should not be an issue.

The other option you have is to come live in the USA for three years, then have him get naturalised. Once a US citizen, he can spend as much time abroad as he wishes and not loose it.

[sunnysayan 0]

Thanks Penguin,

Yet, the consulate told us to apply for this one. We stated we had no intension of staying or living in the US. But, the fact we showed them 4 years of filled US taxes and his US tax ID number, it flagged us and apparently it had us fall in the Perm. Visa category.

So, we will file the one they want.

[sunnysayan 0]

Sorry, we would ideally go work in the US for only 1-2 months a year. our business and life is over here.

[sunnysayan 0]

I read, we can get a extension up to 2 years for being out of the country - re entry permit

AND

"There is one other option, however. If you really don't plan on living in the USA again with your green card holder, you can simply surrender the green card and they will automatically be provided with a ten year multiple entry visitor's visa. If your plans change later and they want another green card, you can apply for a new one which would likely be approved, but of course there will be another 12 month wait and fees."

Is this true?

[kaffy 2]

"There is one other option, however. If you really don't plan on living in the USA again with your green card holder, you can simply surrender the green card and they will automatically be provided with a ten year multiple entry visitor's visa. If your plans change later and they want another green card, you can apply for a new one which would likely be approved, but of course there will be another 12 month wait and fees."

Is this true?

Where did you read this? There is a lot of incorrect advice floating around on the internet (even on this forum) and unless you know it comes from a reliable source (i.e. government website) I would be more inclined to not believe it to be true

[sunnysayan 0]

I read it here: http://www.thaivisa.com/forum/Thai-Wife-W-...hs-t274484.html

Can anyone comment on the consulates advice to apply for this IR visa?

Thank you all for your help and time...

Edited July 12, 2009 by sunnysayan

[kaffy 2]

That person was lucky and had a legitimate reason (family illness). If your spouse gets stopped at POE and asked why they have spent more time out of the US and their reason is because they live overseas & have a business there.. chances are they will be denied re-entry

What is the reason the embassy gave for denying your tourist visa?

Edited July 12, 2009 by kaffy

[sunnysayan 0]

They didn't.

They ticked the box not enough ties to Thailand on a standard form, but we came back over 850 Kilometers the next week with these additional docs:

-4 years of MY visa stamps for my NON IMM O based on marriage

-Ownership and management of a tour business, current captains license, boat registration, annual safety insurance, booking schedules, tax payments and local tax for signage at our house at the local gov.

- My assets /IRa's in the US

-Ownership of 2 houses

-Ownership of 3 Rai of Land

-Ownership of another rental property in Asia

-Ownership of a Toyota truck and Motorcycles

-Marriage licenses for 4 years/ partner 7 years

-100k thb in joint Thai bank account

- Current copies of U.S. Joint Tax forms 1040 & Form 2555 for 2006, 2007 & 2008 and his INTI number

-Letter of invitation from my brother in California

-Return tickets and travel insurance

Then they just told him to apply for a Perm visa. They refused to talk to me...... To me, it seems they didnt know what to make of a 1040 & Form 2555 for a B2 visa. But I dont know.

Edited July 12, 2009 by sunnysayan

[sunnysayan 0]

Dear kaffy,

actually bubba the poster of that statement - was not the op. So, I have PM'ed him/her. Thanks again for your attention.

"There is one other option, however. If you really don't plan on living in the USA again with your green card holder, you can simply surrender the green card and they will automatically be provided with a ten year multiple entry visitor's visa. If your plans change later and they want another green card, you can apply for a new one which would likely be approved, but of course there will be another 12 month wait and fees."

[sunnysayan 0]

Perhaps it's a Bangkok Embassy thing-

But this person went for a K-1 fiancee visa, and the officer gave them a 10 year visa...

http://www.thaivisa.com/forum/Tourist-Visa...sa-t276163.html post 15

"We actually filed for fiancee visa and was approved. But the lady at counter 1 told us how long we were to stay in the U.S., we just said 1 month and have to return back because we currently reside in Thailand. She said the fiancee visa was not for us and recommended the tourist visa because fiancee visas are intended for people to legally reside and work in the USA permanently with intention of obtaining a greencard. We had to be in the U.S. for like 2 years concurrently which was unacceptable, she just put our 100 pages of documents away in a file and said come back tomorrow to pickup your tourist visa. It is good for 10 years and up to 6 months per entry and she said the application fiancee for visa is in the computers so just tell the ins official at the airport."

[daboyz 36]

Perhaps it's a Bangkok Embassy thing-

But this person went for a K-1 fiancee visa, and the officer gave them a 10 year visa...

http://www.thaivisa.com/forum/Tourist-Visa...sa-t276163.html post 15

"We actually filed for fiancee visa and was approved. But the lady at counter 1 told us how long we were to stay in the U.S., we just said 1 month and have to return back because we currently reside in Thailand. She said the fiancee visa was not for us and recommended the tourist visa because fiancee visas are intended for people to legally reside and work in the USA permanently with intention of obtaining a greencard. We had to be in the U.S. for like 2 years concurrently which was unacceptable, she just put our 100 pages of documents away in a file and said come back tomorrow to pickup your tourist visa. It is good for 10 years and up to 6 months per entry and she said the application fiancee for visa is in the computers so just tell the ins official at the airport."

Seems like you need a B1/B2 visa. If you have no plans to reside in the US, no need for IR-1. It's tough in BKK but you can get a 10 year tourist visa, just dont overstay the 6 months.

[Chica Yeyé 41]

daboyz, the OP said that the B2 was denied, so indedd it seems the CR1 is their only option.

Now, how about trying to an investor visa? As in, your business will have headquarters in Thailand, but branch in the US?

[sunnysayan 0]

So, if we get this IR 1-visa approved, go to the states next summer, we hope. Won't we be in better standing in the eyes of immigration / consulate and the possibility of attaining a 10 year tourist visa when we return? Not only is this route expensive and time consuming, it seems our only path.

Won't his status be better, than having 2 strikes saying B2 denied?

Thanks Len, but we dont have the money to start a business like ours in the US.

[Chica Yeyé 41]

You are not supposed to use an immigrant visa just to visit; as it is meant for permanent residence in the US. You can go ahead and do as you plan; but once you come back you would have to start the process all over again; and there is absolutely no guarantee a tourist visa would be issued- being the spouse of a USC immediately carries immigrant intent.