Thailand to USA K1 Visa

[Grover123 0]

I’m glad I found this site and have I’ve been doing some research but I’m looking for some advice.

Background Information:

I am seeking to take my wife back to the US from Thailand. We are married in Thailand with a son who is three years old. He already has a US Passport (in our procession) US Birth Certificate (in our procession) and Social Security Card (in the US with Grandparents) I’ve lived in Thailand fulltime for about 5 years and teach at one of the universities. My wife was denied a Tourist Visa in the past at the Embassy in Bangkok before we were married. If hact her interview took about 2 minutes and was denied a Visa immediately. She has very little work experience and no assets. It was explained to us this was the primary reason for her rejection. Our goal is to travel to the US next summer June/July

1. What type of Visa should she/we be applying for? K1 or K3?

2. Should I engage an immigration attorney for this process?

3. Is it possible to finish the process and travel by June 2014?

The short term goal is to visit the US, see family and also get married there. Long term goal is to return in a few years to live on a permanent basis.

Any help is greatly appreciated.

[Hypnos 6,576]

Are you seeking to permanently reside in the US with your wife? If so, you would need to file an I-130 seeking an immigrant visa for her. Once the visa was granted (and the previous tourist visa denial will have no bearing on that whatsoever) then she will be granted a green card immediately upon entry to the US.

Since you are a US citizen currently resident in Thailand then you should be able to file DCF, which means that you file the I-130 directly with the USCIS field office in Bangkok. It's usually (much) faster than having to deal with filing through USCIS back here in the US.

1) You would be filing for a CR-1 (if you have been married for less than two years) or IR-1 (if married for two years or more) immigrant visa, not a K-1 or K-3.

2) You can if you want, but your situation sounds very DIY-capable if you are comfortable filling forms and providing required documentation.

3) If you file through DCF, absolutely.

One thing - you state that you are already married, but then say you want to bring her to the US to get married. Which is it?

If you are not ready to permanently move back to the US then your wife would (again) need to file for another tourist visa. With a US citizen husband and US citizen child, that's going to be a tough sell, and I would think it unlikely she'd be granted a B-2 visa under those circumstances (in the same way she was denied the first time around).

Edited November 18, 2013 by Hypnos

[Pitaya 2,577]

~Move from K-1 Process to What Visa Do I Need Forum~

~Inquirer is married, not eligible to K-1, inquiring about options~

Edited November 18, 2013 by A&B

[Grover123 0]

Are you seeking to permanently reside in the US with your wife? If so, you would need to file an I-130 seeking an immigrant visa for her. Once the visa was granted (and the previous tourist visa denial will have no bearing on that whatsoever) then she will be granted a green card immediately upon entry to the US.

Since you are a US citizen currently resident in Thailand then you should be able to file DCF, which means that you file the I-130 directly with the USCIS field office in Bangkok. It's usually (much) faster than having to deal with filing through USCIS back here in the US.

1) You would be filing for a CR-1 (if you have been married for less than two years) or IR-1 (if married for two years or more) immigrant visa, not a K-1 or K-3.

2) You can if you want, but your situation sounds very DIY-capable if you are comfortable filling forms and providing required documentation.

3) If you file through DCF, absolutely.

One thing - you state that you are already married, but then say you want to bring her to the US to get married. Which is it?

If you are not ready to permanently move back to the US then your wife would (again) need to file for another tourist visa. With a US citizen husband and US citizen child, that's going to be a tough sell, and I would think it unlikely she'd be granted a B-2 visa under those circumstances (in the same way she was denied the first time around).

Wow thanks for the quick response. We are legally married in Thailand with a marriage certificate issued in Thailand. We have been married for under 1 year so it would be a CR-1 for us?

My understanding is that the US doesn't recognize the Thai marriage as being legally married? Not sure as this is conversations with other US Expats here in Thailand.

I am seeking to permanently reside in the US in two years time but not now! The goal is to travel back to visit family and get married in the US.

[steve n songsang 45]

grover head over to the Thailand subforum...plenty of nice and knowledgable people there....steve

[Penguin_ie 5,993]

If you are legally married in another country, you are legally married in the USA, with a few exceptions (polygamous marriages etc).