SAWASDEE 2

[Tom and Teaw 1]

Ok. Here is a good question. What is the best procedure if your fiancee does not want to live here but comes over on the fiancee visa and we get married. Yes, I know she can return but I don't want her to jeopardize being able to travel here in the future. Is filing AOS and gettng AP the only option or is there a better way to conquer her fears of her daughter going bad while she is away for 5-6 months? I'd like her to be able to travel here some before I retire again in 2-3 years and move over there.

You must file AOS and AP. It would be advisable for her not to leave until she has her biometrics appointment at your local ASC. The sooner you get married, the sooner you can file. I would hope you already have a head start on the paperwork and documentaion required.

Rather than going through this whole process, did Wariya ever even attempt to get a tourist visa? Having kids over there is a strong connection, which is important for a B1/B2 visa.

Agree with roi_aggie. You have to file AOS and AP after getting married. Once she gets her AP, she will be free to travel and re-enter the USA, but she will have to come back for the AOS interview (unless you are one of the fortunate ones that get approved without interview).

It's hindsight now, but had you married in Thailand and then filed K-3 instead of K-1, she would have received a two year, multi-entry visa. AOS filing could have waited up to 21 months from visa issuance.

John

John, what if we got married before the interview? Would they then process it as a K-3 at the interview date, if you know? I remember someone I used to talk to infrequently doing that and when they went to the interview they processed it as a K-3 but I don't know how long it took to get the visa so she could travel to the USA. It is something I have thought about today, us getting married before the interview. Anyone else have input on this, please respond. Thanks.

Also, Wariya did try for a tourist visa about two years ago and they would not give it to her even though she was on the family business and business bank acct., etc.

Edited August 13, 2008 by Tom and Wariya

[shawndoc 0]

John, what if we got married before the interview? Would they then process it as a K-3 at the interview date, if you know? I remember someone I used to talk to infrequently doing that and when they went to the interview they processed it as a K-3 but I don't know how long it took to get the visa so she could travel to the USA. It is something I have thought about today, us getting married before the interview. Anyone else have input on this, please respond. Thanks.

Also, Wariya did try for a tourist visa about two years ago and they would not give it to her even though she was on the family business and business bank acct., etc.

If you get married before the interview, the K1 application is thrown out and you have to start all over again with the K3 process.

If you do a search on the forums you'll find a number of sob stories, including one where the people had a unofficial wedding ceremony (ie. not actually married) and included photos as part of their proof of relationship. The embassy refused them the K1 claiming they were married, even though they had documents showing they were not legally married, and told them to file a K3.

[Tom and Teaw 1]

John, what if we got married before the interview? Would they then process it as a K-3 at the interview date, if you know? I remember someone I used to talk to infrequently doing that and when they went to the interview they processed it as a K-3 but I don't know how long it took to get the visa so she could travel to the USA. It is something I have thought about today, us getting married before the interview. Anyone else have input on this, please respond. Thanks.

Also, Wariya did try for a tourist visa about two years ago and they would not give it to her even though she was on the family business and business bank acct., etc.

If you get married before the interview, the K1 application is thrown out and you have to start all over again with the K3 process.

If you do a search on the forums you'll find a number of sob stories, including one where the people had a unofficial wedding ceremony (ie. not actually married) and included photos as part of their proof of relationship. The embassy refused them the K1 claiming they were married, even though they had documents showing they were not legally married, and told them to file a K3.

Well, I have plenty of proof of the relationship over the last almost three years. And the other person said when they got to the interview the lady was happy to see they were not doing the fiancee visa just to get her to the USA and in fact got married before they went for the interview and she was going to process it as a K-3. I am not sure I'd try it unless I knew it would work okay, but it was something I started thinking about today as it would solve the problem I am dealing with at the moment of her worrying about her daughter and being able to get home quickly if she was needed. I have tried to tell her that if we got married here right away and filed the AOS she could have the AP pretty fast. I even wrote the embassy asking what would happen if we got married before the interview and came to the interview. So I'll see what their answer is.

On another note, I saw that they finally posted interview dates as of Aug 5th.

[rin and john 71]

John, what if we got married before the interview? Would they then process it as a K-3 at the interview date, if you know? I remember someone I used to talk to infrequently doing that and when they went to the interview they processed it as a K-3 but I don't know how long it took to get the visa so she could travel to the USA. It is something I have thought about today, us getting married before the interview. Anyone else have input on this, please respond. Thanks.

Also, Wariya did try for a tourist visa about two years ago and they would not give it to her even though she was on the family business and business bank acct., etc.

If you get married before the interview, the K1 application is thrown out and you have to start all over again with the K3 process.

If you do a search on the forums you'll find a number of sob stories, including one where the people had a unofficial wedding ceremony (ie. not actually married) and included photos as part of their proof of relationship. The embassy refused them the K1 claiming they were married, even though they had documents showing they were not legally married, and told them to file a K3.

Well, I have plenty of proof of the relationship over the last almost three years. And the other person said when they got to the interview the lady was happy to see they were not doing the fiancee visa just to get her to the USA and in fact got married before they went for the interview and she was going to process it as a K-3. I am not sure I'd try it unless I knew it would work okay, but it was something I started thinking about today as it would solve the problem I am dealing with at the moment of her worrying about her daughter and being able to get home quickly if she was needed. I have tried to tell her that if we got married here right away and filed the AOS she could have the AP pretty fast. I even wrote the embassy asking what would happen if we got married before the interview and came to the interview. So I'll see what their answer is.

On another note, I saw that they finally posted interview dates as of Aug 5th.

Shawndoc is correct. Several cases like that on here where couples had to basically go back to refile their petitions because they got married before the K-1 was issued. A K-3 involves both an I-130 and an I129f having been filed (with at least the I-129f having been approved to get to the consulate).

Be interesting to see what the embassy's reply says.

John

[Tom and Teaw 1]

Here is the embassy's reply I got tonight: If you and the visa beneficiary get married before she travels to the U.S. on her K-1 visa, her K-1 visa will be invalid. And you have to file an I-130 and I-129F for her again to apply for a K-3 visa. By law, we cannot change from K-1 to K-3. You have to begin the whole application process again.

[Devkpaik 1]

Here is the embassy's reply I got tonight: If you and the visa beneficiary get married before she travels to the U.S. on her K-1 visa, her K-1 visa will be invalid. And you have to file an I-130 and I-129F for her again to apply for a K-3 visa. By law, we cannot change from K-1 to K-3. You have to begin the whole application process again.

Tom and Wariya,

Yea, sorry to say, but it will be invalid, which is totally unfortunate because it's as if all this waiting that you guys have gone through was for nothing.

What do you think you guys are going to do?

[Tom and Teaw 1]

Well, she told me last night while we were chatting that now she does not want to finish the fiancee visa, that she will not leave her daughter even to come here for 4-5 months, which was the plan. She said we could just get married there in Thailand and when I retire again in 2-3 years I would just move there as we had decided I would do. And I leave Saturday to go over there for what would have been the interview. She said just to cancel it and have a good time and we can talk about getting married while I am there. AYEEEEEEEEEEEEEEEEE!!! Driving me nuts!!

[*Robert* 2]

Well, she told me last night while we were chatting that now she does not want to finish the fiancee visa, that she will not leave her daughter even to come here for 4-5 months, which was the plan. She said we could just get married there in Thailand and when I retire again in 2-3 years I would just move there as we had decided I would do. And I leave Saturday to go over there for what would have been the interview. She said just to cancel it and have a good time and we can talk about getting married while I am there. AYEEEEEEEEEEEEEEEEE!!! Driving me nuts!!

Tom, sorry to hear about the change in plans, but its not the first time its happened. How old is Wariya's daughter, and why not bring her here as well, on a K-2 visa?

[Tom and Teaw 1]

Mom has decided she does not want to come her period!! We were doing a visa for her daughter also to bring her over later. But after her mom brought her daughter to BKK for 4 days last weekend and she talked to her mom and had some more good time with her daughter, she does not want to come here, just get married and stay there. She was here for 90 days the first 3 months of 2005 and was homesick, missed her daughter and had a few bad experiences and I think that is part of the problem. She just called the airline and returned home after her daughter told her on the phone she missed her and wanted her to come home. She said she won't even go to the interview to get the visa to use later if she changes her mind as she says she won't change it. Her daughter is 11 on the 20th and goes to private school in Korat and this morning on the phone she talked about bringing her to live with her in BKK now. So I am sure this will be an interesting trip when I get there late Sunday night. Guess I can leave all the papers home now.

[George-Joom 0]

Mom has decided she does not want to come her period!! We were doing a visa for her daughter also to bring her over later. But after her mom brought her daughter to BKK for 4 days last weekend and she talked to her mom and had some more good time with her daughter, she does not want to come here, just get married and stay there. She was here for 90 days the first 3 months of 2005 and was homesick, missed her daughter and had a few bad experiences and I think that is part of the problem. She just called the airline and returned home after her daughter told her on the phone she missed her and wanted her to come home. She said she won't even go to the interview to get the visa to use later if she changes her mind as she says she won't change it. Her daughter is 11 on the 20th and goes to private school in Korat and this morning on the phone she talked about bringing her to live with her in BKK now. So I am sure this will be an interesting trip when I get there late Sunday night. Guess I can leave all the papers home now.

Tom

Oh No....so sorry to hear that.

Maybe you should bring all the papers anyway. Maybe when she sees you she will change her mind (again)

If possible go to the interview and then she can think about it and at least have the Visa. You two have more options with the Visa than without. Maybe if her daughter can come to the USA would help ...however you are planning to live in Thailand when you retire........

Good Luck!! and we wish you well....and please keep us posted

George

[shawndoc 0]

I would definitely keep the interview and the paperwork. Obviously this is a huge deal for her, leaving her home country and daughter behind, having to adapt to farang culture, etc. My fiance has had second thoughts on multiple occasions, but after she's had a while to panic about it, she comes around again.

At the very least you should be able to convince her to go through with the interview. If she passes, she doesn't have to come to the US right away, but at least she will have the option if she changes her mind. After approval, I believe she has 6 months to use the visa, that's plenty of time for her to think thing through.

And at the very least, she can use the K1 visa as a glorified tourist visa to come see your home country, and do some touristy things (Take her to Disneyworld, Las Vegas, whatever US thing she's fond of).

[*Robert* 2]

Though the chances are slim-to-none that she will change her mind and go to the interview, you should still take all the paperwork.

If she is anything like my wife, then when she says she won't change her mind, you can pretty much bank on it. They can be some of the most stubborn women I've ever met.

Having the child definitely complicates things, and its hard to separate a mother from her child, even though they have been separated there in Thailand. The difference there is, she can jump in a car or take a bus to go see her daughter right away. Once she comes to the US, that option is no longer available.

To change her mind this late in the game however, is not very considerate to you, and you have every right to be frustrated and upset.

[Tom and Teaw 1]

Being able to get on the bus and go see her was one of the things she mentioned. I think her going to the interview is out of the question now since she also told me on the phone she opened her x-ray from the medical exam!! So that screws that up. I think she has made up her mind and there is not changing it so I don't think I have any options except maybe email the embassy after I get there and tell them to cancel the interview. I tried to talk her into going to the interview and having the visa to use later but she was adamant that she would not change her mind.

[rin and john 71]

Tom - Thailand schools are out for a month in October/November. If her and her daughter had their K1/K2 they could at least visit you in the USA. Having the chance to bring her daughter to the USA even for a vacation would be enough for most to at least go through with the interview. You can probably go back to the hospital and get them to re-seal the envelope for you.

John

[Tom and Teaw 1]

Tom - Thailand schools are out for a month in October/November. If her and her daughter had their K1/K2 they could at least visit you in the USA. Having the chance to bring her daughter to the USA even for a vacation would be enough for most to at least go through with the interview. You can probably go back to the hospital and get them to re-seal the envelope for you.

John

I'll tell her not to mess with anything else tonight when we chat and take the papers with me and see if I can't convince her to go to the interview anyway. I doubt she would come in October but maybe in March when they are out again. I thought the visas were good for a year. But she wants to get married while I am there and if that happens the visa is no good anymore. So who knows what we will do. All was fine until her mom and daughter came to visit her in BKK this last weekend so she could take her daughter to the med. appt. And even if they used the visas to come here, if they go back without AP the visas are then no good as I understand it.