AOS denied - but is the advanced parole still legit?

[shobusun 0]

@Boiler...

What you say is obvious- of course, visiting is visiting...

What I'm trying to establish is; if I move to Thailand with the intention of staying until my wife has her visa- which could be 6-7 months (?), and take up 'residence' in a condo, doesn't that constitute 'residing' in Thailand? Seems like the answer should be 'Yes!'...otherwise, what I am doing? Visiting for 6-7 months? Sounds kinda' ridiculous...

[Boiler 45,411]

What visa will you be using?

[shobusun 0]

I'd probably go with a tourist visa, then renewals every month after the tourist visa expired (4 months valid with extension, if I remember right)...

[Boiler 45,411]

You have answered your own question.

[shobusun 0]

I see, but I feel the Bangkok Field office should clarify this point...it can easily be misconstrued, because by definition of the word (residing, reside, or residency) I am 'residing' in Thailand if I take up domicile/habitation in a living space intended for 'residency'- not visiting, not as a tourist, etc.

I call B#LLSH*T...end of story.

[Boiler 45,411]

If it was that easy it would be a given for anybody going through a country that has DCF available, no need to go through the US.

[shobusun 0]

@Boiler...

I don't follow your logic, and I don't think you're correct. Nor do I think you're necessarily helpful...but thanks anyway. And I admire that you have so many posts on VJ...really- although, I'm somewhat reluctant to say that now.

[Boiler 45,411]

Lets see.

I am from the UK, CR1 takes a year, K1 a little less, DCF seems to be about 3 months.

If all you have to do for DCF is to visit then why would anyone go through anything but DCF? After all most if not all USC's will have visited or will be visiting.

I was just trying to explain why Resident means Resident and not present as you took it. It is for USC's and their spouses resident abroad.

Edited September 19, 2015 by Boiler

[Alaska2012 462]

You can't claim to be a resident if you enter on a tourist visa...

[Hypnos 6,576]

You can contact the USCIS office within the US embassy in Thailand and ask them, but typically you need some kind of residency (work visa, permanent residency, etc.) to be able to file DCF. And they will want to see your visa stamp from the Thai authorities to confirm it.

If you'll be remaining in Thailand for a few months on a tourist visa then most likely you'll just want to submit the I-130 now through the usual US channels, since you won't be eligible to use DCF.

Edited September 19, 2015 by Hypnos

[belinda63 3,033]

Still need to know about the children. Are the K-2 visas still valid with her AOS having been denied and having to start over with a CR-1? How is that going to work?

[Hypnos 6,576]

I must admit I'm curious about that myself. I honestly have no idea if those K-2s are still valid or not - or even if they are, could they theoretically be used to AoS if the K-1's AoS has been denied.

If the OP is looking into moving to Thailand for a few months, presumably the intent is to let those K-2s expire and just file I-130s for them as stepchildren anyway, in which case they'd receive CR-2 immigrant visas.

Edited September 19, 2015 by Hypnos

[Boiler 45,411]

As I understand it a K2 is a K1 dependent an can only adjust with or following a successful K1.

I have seen the situation arise where the K1 marriage has bust up but the petitioner wanted to look after the children but not the wife. Was unable to do so.

[Hypnos 6,576]

That's what I figured, I just wasn't able to find anything official stating it.

[Boiler 45,411]

I have lost the thread now due to my period in detention, but swing by BE, interesting thread about a lady who came back way late as a LPR.

Edited September 19, 2015 by Boiler