Want to apply for visa for someone from Thailand

[plazmo 0]

Im in a situation and I’m not sure if the best way to proceed. 
 

I am US military and was stationed overseas. My current wife left me and, by chance, I met a person who I spent a lot of time with and fell in love with. The issue is I didn’t take any photos and was pretty much incognito while we were together due to the military forbidding any type of relationship out of marriage until the divorce is final. My wife and I had been separated for a long time and understood the situation. 
 

Our divorce is almost through and I’d like to apply for a fiancé visa for my new partner. The only evidence I have is possibly a ton of text messages we sent to each other.  
 

Do I have a chance at getting the Visa approved? Is there anything I can do to help?

 

Would it be better to just fly down to Thailand and marry her and register with the US consulate and then apply for a spouse visa?

 

She is unlikely to get a visitor visa approved because she works for her family and basically has no official documentation of a job history. If she could have visited then we could have gotten married without issue because military can do that. 
 

I am going to do whatever I need to do but I just wanted to know if anyone had any clues or advice?  Thanks. 

[Dashinka 24,786]

To petition for a K1, the main requirement is you will have to provide proof you met within the past two years.  A spousal visa is generally superior, but of course you would have to wait until the divorce was finalized before that as well.

[powerpuff 6,748]

From what I gather, you're in the US.

 

2 hours ago, plazmo said:

Our divorce is almost through and I’d like to apply for a fiancé visa for my new partner.

You cannot apply for a fiancé visa, you have to apply for I-129F petition for Alien fiancé with the USCIS. After they process it (5-7 months on average), they will forward it to the National Visa Center and then to the consulate in Bangkok. It took us 11 months from start to finish to get the visa during COVID times.

 

2 hours ago, plazmo said:

Would it be better to just fly down to Thailand and marry her and register with the US consulate and then apply for a spouse visa?

That's also not how it works. Again, you have to file I-130, Petition for Alien Relative, with the USCIS (then goes to NVC, then consulate). This takes 12-24 months. 

 

2 hours ago, plazmo said:

The only evidence I have is possibly a ton of text messages we sent to each other.  
 

Do I have a chance at getting the Visa approved? Is there anything I can do to help?

No, that is not good evidence at all. For I-129F petition, You need to show you physically met once in the past 2 years. The appropriate evidence would be boarding passes, passport stamps, transactions that show both of you were in the same place at the same time, hotel receipts showing both your names, etc. Photos are secondary evidence. 

 

Unless you have deployment orders or an emergency situation that qualifies for an expedite, there's no way to expedite this process. Hope this helps. 

 

 

Edited May 13, 2021 by powerpuff

[plazmo 0]

Thanks for the replies. I have proof we were both in the same country but it’s two separate boarding passes.  Do you think that would be sufficient?

 

I don’t have hotel receipts or anything. We both were living there. 

[jayjayk 56]

Do you have passport stamps? What about payments at the local stores, restaurants, bars, museums etc.? (check both of yours credit/debit cards). Any trips you made that would show up on google maps timeline? 

[jayjayk 56]

Oh, also, statements from friends and relatives that have seen you together, or knew about you and can describe your relationships. These statements have to be signed and if you can provide IDs for these people (especially, if they are US citizens) this is good too

[JeanneAdil 6,638]

you will find most of us here say "return and marry" especially since you have little proof of meeting for K1

the spouse visa has so many advantages and the K1 for fiancee is no longer the fastest way to go 

K1 is also the more expensive in the long run 

 

also statements from friends hold little value even if an affadivat

the definition of which is:

 

Since you are signing a document under oath, it is the same as testifying in a court of law. If you provide information that is false or lie on the affidavit, you could be fined for perjury. Fines could include monetary fines, community service, and even jail time.

 

  making it of little  value if not a USC as it can not be enforced by immigration in foreign countries

 

you need proof of meeting such as showing in same country together

some photos

boarding passes

hotel receipts

 

read the USCIS or here under guides to understand

also look to the portal of Thailand and read posts from other members going thru that embassy .  just hit the word portal above 

 

[Letspaintcookies 2,310]

Military orders worked just fine for us to show that we were in the same country. Though we also had pictures of us together to paint a fuller picture. In this case it might be helpful to not only send the letters of intent to marry and the one sentence about your first meeting but also a history of your relationship. Usually not needed but well, won't hurt this case.

 

In know about the military 'restrictions' of dating others outside your marriage even if you're separated but you could have taken some pictures 😉