Questions for a beginner/IR 1

[meauxna 15]

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

You might consider spending a couple hundred dollars and consulting with Bill White, a US immigration lawyer in Thailand who has been very helpful in the past. The immigrant visa isn't the appropriate choice for you.

The evidence of *your* residnce abroad should have ideally been presented in the first interview, and I hate it that they wouldn't even look at it for you. But your residence abroad should be sufficient evidence for them that your spouse isn't going to immigrate.

Perhaps an attorney could help you frame the next embassy appointment better, and/or he may have contacts or experience of the embassy policies to advise you better.

It's expensive to get the IV. You don't want to be doing that every few years.

[sunnysayan 0]

THX Meuxna,

My / our residence abroad was presented on our 1st attempt. He provided 3 years of copies of my California Nonresident AND Foreign Earned Income. I thought U.S. tax forms would be the best evidence. But they seemed liked they had never seen them before. He also presented my passport with 4 years of Non IMM-0 visa stamps. They just said to apply for an IV.

[sunnysayan 0]

Follow up, I've contacted two laywers in BKK.

They both agree we have been flagged, being I am a USC or whatever, they suspect that we are intending to use a tourist visa entry to circumvent the waiting period for an immigrant visa. Its our only option, and if granted, one we will throw away when we return home to Thailand.

[meauxna 15]

THX Meuxna,

My / our residence abroad was presented on our 1st attempt. He provided 3 years of copies of my California Nonresident AND Foreign Earned Income. I thought U.S. tax forms would be the best evidence. But they seemed liked they had never seen them before. He also presented my passport with 4 years of Non IMM-0 visa stamps. They just said to apply for an IV.

I don't know specifically what 'Non IMM-0' stamps are, but that could be your problem; it doesn't show that you are truly resident there if you're just doing border runs (I know that's a common way to live in a lot of Asia and that it's semi legit, just trying to see it through their eyes).

I am curious whether USCIS Bangkok will accept your I-130; you'd be smart to read some other Thai DCF stories because what sticks in my mind is that they are picky about the USC residency and that when it gets to the Consulate, they require the USC to travel ahead to the US.

You've got a puzzle, for sure.

[sunnysayan 0]

A Non IMM-0 stamp is my current Visa. It’s a Non immigrant visa stamp based on my marriage to a Thai national. It’s the most important doc to prove my ties to my husband and my Thai Res. status.

I’ve contacted the USCIS Bangkok, they were very helpful and said they will accept our application. They even have staff to personally look over our I-130 app to make sure it’s complete before it goes “in”.

0ur 2 options from a BKK attorney:

1) Obtain the green card and then file for a "Re-Entry Permit" which will allow him to remain outside the US for up to two years at a time without being deemed to have abandoned his PR status.

2) Obtain green card and hold/use it for a year or two. Then affirmatively abandon it and apply for a tourist visa.

Edited July 16, 2009 by sunnysayan