Thai citizen, US baby, I-20 student visa

[roundabout 0]

Hello, my girlfriend is a Thai citizen here on a student visa. We had a baby here in San Francisco 2 months ago and she has opted to depart for Thailand in accordance with the expiration of her I-20. What is the quickest way to get her back into the US? I assume we need to marry, but I'm also interested in alternatives. Thank you!

[C-ma'am 684]

**post moved from K1 forum to General Immigration Related Discussion; as the question is not related to a K1 process or procedure.

[amykathleen2005 441]

Fasted way would be for her to stay in the US and file for AOS after you marry. Other options are a fiance visa or a spousal visa.

[roundabout 0]

Fasted way would be for her to stay in the US and file for AOS after you marry. Other options are a fiance visa or a spousal visa.

She hasn't seen her family in 5 years so is set on leaving. Between the fiance visa or spousal visa, is one faster in my situation?

Thank you

[Penguin_ie 5,996]

Fiance visa is marginally faster, but we are talking a few weeks. Marrying now and then filing for a spousal visa is cheaper, and will give her a greencard upon re-entry, thus she can work right away, and travel, should an emergency come up back home.

[aaron2020 11,651]

She hasn't seen her family in 5 years so is set on leaving. Between the fiance visa or spousal visa, is one faster in my situation?

Thank you

The fastest way it to marry her while she is in the US, then you file for her as a spouse. She leaves the US, then wait for her interview at the US Embassy in 6-12 months. Once she has her immigration visa, she can return to the US as a green card holder.

This is the fastest way if she chooses to return home to visit her family. It will be a long visit.

Your child is a US citizen, so get your child a US passport.

Edited January 17, 2013 by aaron2020

[roundabout 0]

We married here and she went back to Thailand with our son, a US citizen (with US Passport).

1) How/where do I file this I-130? Seems complicated.

2) Do they need original birth/marriage certificates or copies?

3) Who files the g325a form--her in Thailand or me here in the US?

4) Then what--how long do we wait?

Any help much appreciated--thank you!

Edited May 7, 2013 by roundabout

[Penguin_ie 5,996]

Congrats on getting married!

You can file the petition according to our Guides here: http://www.visajourney.com/content/i130guide1 You send everything in at first, her bit comes later. Copies will do at first, but you will need originals later. You wait most of a year, depending on which service center you go through and how quick the embassy is. She can try to get a tourist visa to visit but her chances aren't great.

[roundabout 0]

Thank you Penguin_ie!

Do I need to file the g325a too or is that later?

[Penguin_ie 5,996]

You file lots of different forms- the Guide lists them all

[roundabout 0]

Thank you! In the guide it refers to "the petitioner." Is this me or my wife?

[Asia 2,499]

You.

Your wife is the beneficiary.

[roundabout 0]

thank you. Why does I-130 require a passport photo of me the petitioner since the already will have a copy of my passport?