Situation Specific Advice Request - :bonk: - K1 or K3? Here or there?

[andy611 0]

Have searched the forums here and elsewhere and not yet found advice for our specific situation. We would appreciate any advice from y'all.

GF - 33 year old thai national w/ 10 year multi entry tourist visa for USA. currently in 4th of the 10 years. seven entries into usa none of which have exceed two weeks/visit. usa visits were to visit BF and/or sister attending univ and working. multiple international tourist visas in passport with no overstay (germany, laos, myanmar, sg, oz, italy, cambodia). fluent english. university grad. driver's license. auto owner, business and real estate owner. no untoward involvement with police.

BF - usa based, divorced citizen w/ no minor children. well traveled. significant $ assets. no negative law enforcement actions.

Couple - have been dating 5 years. voluminous documented evidence of dating history, domestic and international travels together. shared financial accounts.

- family/buddhist wedding ceremony in june but have NOT recorded at Thai amphur office. delayed pending the (now resolved) settlement of property separation with BF's former spouse.

Questions:

1. Have seen most couples applying for K1 with intent to marry stateside. Is this a recommended step as GF can apparently enter and leave USA at will?

2. Is there a limit to number of visits and frequency GF can enter USA without limit or serious inquiry at immigration entry if each entry does not exceed two weeks? would like to extend duration of visits without adversely affecting GF tourist visa status. GF terrified at thought of arousing immigration suspicions with frequent visits.

3. What are most significant advantages and disadvantages of stateside marriage versus registry in Thailand? Surprised to not find this discussed in forums extensively.

4. Does GF tourist visa remain valid during K3 application period?

5. Apply initially for K3 or IR1?

6. What are most significant advantages and disadvantages of stateside application versus application in Thailand? No overwhelming problem for GF or BF to travel to attend interviews.

7. Any other advice you consider important or relevant requested.

thanks

[thepizzadude 26]

http://www.visajourney.com/forums/index.ph...mp;page=compare

Here is a link to a comparison of the 2 visas

[canadian_wife 1,826]

Questions:

1. Have seen most couples applying for K1 with intent to marry stateside. Is this a recommended step as GF can apparently enter and leave USA at will? If you apply for, and are granted a K-1, you MUST marry in the US. It is a requirement of the visa

2. Is there a limit to number of visits and frequency GF can enter USA without limit or serious inquiry at immigration entry if each entry does not exceed two weeks? would like to extend duration of visits without adversely affecting GF tourist visa status. GF terrified at thought of arousing immigration suspicions with frequent visits. Each and every visit is processed at the POE and the CBP has complete control of admissission, duration of stay and 'serious inquiry' so this answer is soley dependent upon the CBP at time of entry

3. What are most significant advantages and disadvantages of stateside marriage versus registry in Thailand? Surprised to not find this discussed in forums extensively. Personal choice (again if going for a spousal visa - K-1 visas must marry in the US). If going for the unnecessary and obsolete visa (the K-3) the interview will occur in the country of marriage

4. Does GF tourist visa remain valid during K3 application period? Yes - the tourist visa is canceled when another US visa is issued, such as the K-3 or Cr1

5. Apply initially for K3 or IR1? IR1 is only good if you have been married for over 2 years. Since you are not currently married, the K3 and Cr1 visa is not open to you. If you do marry then file, go for the CR-1 (follow the guides)

6. What are most significant advantages and disadvantages of stateside application versus application in Thailand? No overwhelming problem for GF or BF to travel to attend interviews. No advantage or disadvantage of where you file, they are all processed in the US unless filing directly with the consular. To do this the USC must be a legal resident of the beneficiary's home country for at least 6 months

7. Any other advice you consider important or relevant requested. Read the guides - but for the K-1 visa you can apply today and not wait until you marry. There is no boyfriend/girlfriend visa so it sounds like you have plenty of time to figure out what you'd like to do

Edited October 18, 2009 by canadian_wife

[rsn 135]

Have searched the forums here and elsewhere and not yet found advice for our specific situation. We would appreciate any advice from y'all.

GF - 33 year old thai national w/ 10 year multi entry tourist visa for USA. currently in 4th of the 10 years. seven entries into usa none of which have exceed two weeks/visit. usa visits were to visit BF and/or sister attending univ and working. multiple international tourist visas in passport with no overstay (germany, laos, myanmar, sg, oz, italy, cambodia). fluent english. university grad. driver's license. auto owner, business and real estate owner. no untoward involvement with police.

BF - usa based, divorced citizen w/ no minor children. well traveled. significant $ assets. no negative law enforcement actions.

Couple - have been dating 5 years. voluminous documented evidence of dating history, domestic and international travels together. shared financial accounts.

- family/buddhist wedding ceremony in june but have NOT recorded at Thai amphur office. delayed pending the (now resolved) settlement of property separation with BF's former spouse.

Questions:

1. Have seen most couples applying for K1 with intent to marry stateside. Is this a recommended step as GF can apparently enter and leave USA at will?

2. Is there a limit to number of visits and frequency GF can enter USA without limit or serious inquiry at immigration entry if each entry does not exceed two weeks? would like to extend duration of visits without adversely affecting GF tourist visa status. GF terrified at thought of arousing immigration suspicions with frequent visits.

3. What are most significant advantages and disadvantages of stateside marriage versus registry in Thailand? Surprised to not find this discussed in forums extensively.

4. Does GF tourist visa remain valid during K3 application period?

5. Apply initially for K3 or IR1?

6. What are most significant advantages and disadvantages of stateside application versus application in Thailand? No overwhelming problem for GF or BF to travel to attend interviews.

7. Any other advice you consider important or relevant requested.

thanks

1. Not true. A K1 is a single-entry visa.
2. Not sure why you are worried about GF legally visiting the U.S.. I can't fathom why this would ever be an issue as long as she doesn't overstay.
3. Dunno, I guess it depends on your situation.
4. Yes
5. IR1 is only for those who have been married at least 2 years
6. I don't understand what you are asking here. A DCF (direct consular filing) is the quickest way to get her here. You must be married for that to work though.
7. If "sg" stands for Singapore, I have heard about visa interviewers asking the visa applicant to give specifics regarding the nature of such a trip due to the sex trade connection between Thailand and Singapore.

Also, I'm surprised GF was able to get a tourist visa. That's a tough one to get! Edited October 18, 2009 by rsn

[Dakine 26]

IR1 is only for those who have been married at least 2 years

and immediate relatives like parents, brothers and sisters.

[andy611 0]

1. Not true. A K1 is a single-entry visa.
2. Not sure why you are worried about GF legally visiting the U.S.. I can't fathom why this would ever be an issue as long as she doesn't overstay.
3. Dunno, I guess it depends on your situation.
4. Yes
5. IR1 is only for those who have been married at least 2 years
6. I don't understand what you are asking here. A DCF (direct consular filing) is the quickest way to get her here. You must be married for that to work though.
7. If "sg" stands for Singapore, I have heard about visa interviewers asking the visa applicant to give specifics regarding the nature of such a trip due to the sex trade connection between Thailand and Singapore.

Also, I'm surprised GF was able to get a tourist visa. That's a tough one to get!

have just received the following input offline from an immigration attorney. his comments contradict some others.

1) This is recommended because this is the correct way to do it. She COULD enter on a tourist visa and then file all the

paperwork inside the U.S., but she should not do that until after she has been inside the U.S. for more than 60 days

because she risks being slapped with visa fraud since she is not supposed to use a tourist visa when she really isn't

coming as a tourist but to stay.

2) There is no limit, just a time limit of 6 months maximum when she enters (which can be extended). But it is their

discretion as to if they let her into the U.S. or not. If they believe she is coming too often or staying too long, they will

eventually deny her entry. There is no set amount of times or length of time that will trigger this, just what the officer

feels.

3) Marrying in the U.S. and doing everything in the U.S. takes about 5 to 7 months to get a green card. But doing it

outside and she would have to wait 6 to 9 months or more and they probably will not let her back in to the U.S. while

the K3 is pending.

4) It remains valid, but when they see she is in process for a K3, they will very probably deny her entry.

5) IR1 takes longer, so it is better for the K3.

Re: IF.......... not sure which stated information led to conclusion GF was related to the sex trade. we together have

been to sg +5 times and GF individually at least five more. never had one single question inferring such employment.

RE: Also ........... there is a segment of Thai society, apparently underrepresented in discussions here, who ALL have

tourist visas to the states. of GF's private catholic girls high school classmates every single one attended or graduated from

university in either usa or uk.

green card is not an issue. primary desire is to minimize the potential for or duration of denied entry to usa during the application process.

[Krikit 1,165]

Moving from K-1 Process to General Immigration Discussion.

[rsn 135]

5) IR1 takes longer, so it is better for the K3.

There are many benefits that make the IR1 much more appealing than K3. I'm not sure if the lawyer mentioned these. The guides outline them.

1) This is recommended because this is the correct way to do it. She COULD enter on a tourist visa and then file all the

paperwork inside the U.S., but she should not do that until after she has been inside the U.S. for more than 60 days

because she risks being slapped with visa fraud since she is not supposed to use a tourist visa when she really isn't

coming as a tourist but to stay.

Not sure what the significance of 60 days is. If she tries to enter on a tourist visa with an intent to marry and adjust status, she had better tell the POE officer if he asks her about the purpose of her visit. If she doesn't and she does this anyway, she's looking at deportation and a ban from the U.S. If the officer does not, however, ask her such a question (good luck) then she should have no problem marrying and filing AOS while in U.S. Believe it or not, but there is case law to support this, but I doubt this applies to many cases since I would think most POE officers will ask questions that would require the foreigner to reveal this at the border.

Re: IF.......... not sure which stated information led to conclusion GF was related to the sex trade. we together have

been to sg +5 times and GF individually at least five more. never had one single question inferring such employment.

I made no such conclusion. All I said was that the interviewer may ask some questions about any trips a single Thai woman made to Singapore.

RE: Also ........... there is a segment of Thai society, apparently underrepresented in discussions here, who ALL have

tourist visas to the states. of GF's private catholic girls high school classmates every single one attended or graduated from

university in either usa or uk.

Those who have substantial assets/money will receive a tourist visa. Young single women from Thailand who do not have a lot of money & assets and a good job will not.

Edited October 18, 2009 by rsn

[rin and john 71]

1. Not true. A K1 is a single-entry visa.
2. Not sure why you are worried about GF legally visiting the U.S.. I can't fathom why this would ever be an issue as long as she doesn't overstay.
3. Dunno, I guess it depends on your situation.
4. Yes
5. IR1 is only for those who have been married at least 2 years
6. I don't understand what you are asking here. A DCF (direct consular filing) is the quickest way to get her here. You must be married for that to work though.
7. If "sg" stands for Singapore, I have heard about visa interviewers asking the visa applicant to give specifics regarding the nature of such a trip due to the sex trade connection between Thailand and Singapore.

Also, I'm surprised GF was able to get a tourist visa. That's a tough one to get!

have just received the following input offline from an immigration attorney. his comments contradict some others.

1) This is recommended because this is the correct way to do it. She COULD enter on a tourist visa and then file all the

paperwork inside the U.S., but she should not do that until after she has been inside the U.S. for more than 60 days

because she risks being slapped with visa fraud since she is not supposed to use a tourist visa when she really isn't

coming as a tourist but to stay.

2) There is no limit, just a time limit of 6 months maximum when she enters (which can be extended). But it is their

discretion as to if they let her into the U.S. or not. If they believe she is coming too often or staying too long, they will

eventually deny her entry. There is no set amount of times or length of time that will trigger this, just what the officer

feels.

3) Marrying in the U.S. and doing everything in the U.S. takes about 5 to 7 months to get a green card. But doing it

outside and she would have to wait 6 to 9 months or more and they probably will not let her back in to the U.S. while

the K3 is pending.

4) It remains valid, but when they see she is in process for a K3, they will very probably deny her entry.

5) IR1 takes longer, so it is better for the K3.

Re: IF.......... not sure which stated information led to conclusion GF was related to the sex trade. we together have

been to sg +5 times and GF individually at least five more. never had one single question inferring such employment.

RE: Also ........... there is a segment of Thai society, apparently underrepresented in discussions here, who ALL have

tourist visas to the states. of GF's private catholic girls high school classmates every single one attended or graduated from

university in either usa or uk.

green card is not an issue. primary desire is to minimize the potential for or duration of denied entry to usa during the application process.

This being the goal, if I were in your shoes I would have her come to visit and then either file the K-1 or marry and file for the CR-1. She could remain in the USA for up to six months, at which time she would have to return to Thailand for her interview. If she cannot remain here for 3-6 months waiting for USCIS approval, then she would be at the mercy of the immigration officer at the POE on getting back in (some have done so with no problems, but others have been turned away - no way of knowing which group your fiance/spouse would be in).

[JimVaPhuong 4,863]

have just received the following input offline from an immigration attorney. his comments contradict some others.

1) This is recommended because this is the correct way to do it. She COULD enter on a tourist visa and then file all the

paperwork inside the U.S., but she should not do that until after she has been inside the U.S. for more than 60 days

because she risks being slapped with visa fraud since she is not supposed to use a tourist visa when she really isn't

coming as a tourist but to stay.

He's talking about something entirely different, which I don't think you asked. He's referring to the possibility of her entering on her tourist visa, marrying in the US, and then applying for a green card. Some lawyers recommend waiting at least 60 days before applying for the green card based on the assumption that less time will trigger an automatic denial by USCIS based on the presumption that the non-immigrant tourist visa was used with intent to immigrate (which is visa fraud). The truth is that USCIS can reach this conclusion no matter how long it's been since she entered or married in the US.

Anyway, you didn't ask about this. You asked if the K1 was the recommended route, since she has a tourist visa. The answer is that the K1 is recommended if she wants to marry in the US. If they want to 'legalize' their marriage in Thailand, then a CR1 is recommended. Under no circumstances would anyone here recommend she come to the US on the tourist visa, get married, and then stay and apply for a green card. The consequences if it's denied could be a lifetime ban from the US.

2) There is no limit, just a time limit of 6 months maximum when she enters (which can be extended). But it is their

discretion as to if they let her into the U.S. or not. If they believe she is coming too often or staying too long, they will

eventually deny her entry. There is no set amount of times or length of time that will trigger this, just what the officer

feels.

Yep. It's up to the discretion of the CBP.

3) Marrying in the U.S. and doing everything in the U.S. takes about 5 to 7 months to get a green card. But doing it

outside and she would have to wait 6 to 9 months or more and they probably will not let her back in to the U.S. while

the K3 is pending.

It is true that having a pending K1 or K3 establishes immigrant intent, and this can make it more difficult for her to enter on her tourist visa. However, as long as she has the necessary evidence of ties to her home country, and also presents documentation of the fiance/spousal visa to show that she's immigrating the legal way, she has a reasonable chance of being admitted. Many others have done it with a fiance/spousal visa pending.

4) It remains valid, but when they see she is in process for a K3, they will very probably deny her entry.

See above. The lawyer is jumping to conclusions.

5) IR1 takes longer, so it is better for the K3.

She's not eligible for an IR1. You have to be married 2 years or more for an IR1. If she has the marriage legalized at the amphur then she can apply for a CR1 - similar to IR1 but green card is conditional for two years. CR1/IR1 and K3 take about the same length of time, and have for several years. The lawyer is not up to date.

[CA dreamer 3]

you have all options cr1,k3 or k1...my opinion is k1

both of you guys have a lot of evidence together so go ahead and file the i129 do not wait or waste your time,and about her entry: she can enter usa anytime during the process just to convince the officer about her ties coming back to thailand,however they may refuse her entry.i think the best way is to file i129 for a k1 while she is in usa for 6 months or marry in the states let her travel back then file i130,but in all cases you will mention her address in i129 or i130,so i think to mention it in usa on i129(k1 visa) is better than to mention it on i130 k3,cr1's) cos they consider it a marriage fraud.

and that is my opinion try to see other members sure u will get the ideal solution

[rsn 135]

you have all options cr1,k3 or k1...my opinion is k1

both of you guys have a lot of evidence together so go ahead and file the i129 do not wait or waste your time,and about her entry: she can enter usa anytime during the process just to convince the officer about her ties coming back to thailand,however they may refuse her entry.i think the best way is to file i129 for a k1 while she is in usa for 6 months or marry in the states let her travel back then file i130,but in all cases you will mention her address in i129 or i130,so i think to mention it in usa on i129(k1 visa) is better than to mention it on i130 k3,cr1's) cos they consider it a marriage fraud.

and that is my opinion try to see other members sure u will get the ideal solution

huh?

[daboyz 36]

you have all options cr1,k3 or k1...my opinion is k1

both of you guys have a lot of evidence together so go ahead and file the i129 do not wait or waste your time,and about her entry: she can enter usa anytime during the process just to convince the officer about her ties coming back to thailand,however they may refuse her entry.i think the best way is to file i129 for a k1 while she is in usa for 6 months or marry in the states let her travel back then file i130,but in all cases you will mention her address in i129 or i130,so i think to mention it in usa on i129(k1 visa) is better than to mention it on i130 k3,cr1's) cos they consider it a marriage fraud.

and that is my opinion try to see other members sure u will get the ideal solution

huh?

Ditto. What was that post all about? My head is still spinning.