Question about my residence

[Leo212 0]

I am interested in doing a DCF in Thailand. I am currently a student in Thailand with a Education visa; however, Thai law states that only someone with a work permit or business visa is eligible to do DCF.

1. Does that mean that I have to file my petition through the lockbox?

2. On form g325-A, should I list my present residence in America or in Thailand? I am not considered a resident in Thailand, but I'm not living at home either.

[talltex 0]

I recommend you try filing the DCF. Thai law has nothing to do with whether the USCIS will accept your application. If you can establish your residence there then you should be able to do DCF. We just successfully finished our DCF in China and it only took 1 month from start to finish. If you do DCF use your thai address on your g-325a. Good luck!

[Ning 619]

I am interested in doing a DCF in Thailand. I am currently a student in Thailand with a Education visa; however, Thai law states that only someone with a work permit or business visa is eligible to do DCF.

1. Does that mean that I have to file my petition through the lockbox?

2. On form g325-A, should I list my present residence in America or in Thailand? I am not considered a resident in Thailand, but I'm not living at home either.

I don't understand why you are considering what Thai law says. I don't believe Thai law even deals with visas to the USA but I am not a lawyer. For example USCs that are retired living in Thailand may not have work permits nor business visas but they can file DCF cases.

To file DCF under U S law you must be a legal resident of Thailand for at least 6 months. What visa do you have as a student? That is what the embassy will base a decision on. If you already know you are not a legal resident of Thailand then you will not be able to file DCF.

The embassy in BKK is divided into working sections. One deals only with USCs while having zero to do with visas. The other side works on visas of all types. You as a USC would file the DCF at the consulate section which is in the high rise building across the street from the embassy. Due to this the USC can call or walk in at any time. I suggest you call them to ask about your residency issue if you think there is any chance of approval.

Trying to file DCF with no real knowledge of the outcome is simply a waste of time and effort. You either qualify or you don't .

[Karee 4,190]

I am interested in doing a DCF in Thailand. I am currently a student in Thailand with a Education visa; however, Thai law states that only someone with a work permit or business visa is eligible to do DCF.

1. Does that mean that I have to file my petition through the lockbox?

2. On form g325-A, should I list my present residence in America or in Thailand? I am not considered a resident in Thailand, but I'm not living at home either.

You have a valid visa other than a tourist visa, so you qualify for DCF. As Ning stated, Thai law has nothing to do with it. The consulate doesn't want foreigners flying in for 2 months, and then filing DCF. That's why they have the 6 month rule as well as the valid visa (other than tourist visa) rule. Your ED visa meets that requirement. Hopefully you've been there 6 months on the ED visa so you would meet that criteria as well.

1. You'll file with the USCIS office in Bangkok. I'd suggest shooting them an email or stopping by. The info is here:

Step 1: The Department of Homeland Security

The process of applying for all categories of immigrant visas begins with the US Citizenship and Immigration Services (USCIS). In most cases, this consists of filing a petition with the USCIS office having jurisdiction over the petitioner's place of residence in the United States. The petitioner should contact the appropriate USCIS office using the Government Pages of the local telephone directory or by going to the USCIS website. If the petitioner resides in the United States, the processing time varies depending on the service center where the petition is pending. In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the USCIS office in Bangkok. The general inquiry email box for USCIS Bangkok is BKKCIS.Inquiries@dhs.gov. To access USCIS forms, click here

Source:http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html