thailand Should we wait to apply (K1) until after baby is born?

[Nam1 2]

Currently in Thailand scheduled to return to states in mid-September.  
Baby is due in Jan 2024.

My work rotation won’t allow me back in Thailand until March or April 2024.  
Already planning the consular birth report to get everything setup for citizenship/passport.  Putting as much together that I’m aware of for impending applications.

 

So should we wait until after the birth to apply for the K1?  

I think we even still have time to get married here (Thailand) if that helps.  Looked at the Zoom Utah wedding too to try and understand if that’s an option.  One concern with leaving unmarried is getting the birth legitimized in Thailand if we do wait and get married in the states.  Birth certificates here mean very little in terms of if anything were to happen to the mother.  And the visa situation is getting worse by the day as immigration is seriously cracking down on nearly every visa scheme which is why I’m worried to come back in as a tourist instead of applying for a marriage visa or at least showing immigration upon return that I plan on changing to a non-o visa based on marriage or Thai child.  

 

if we wait until after I will probably have to hire an attorney in Thailand to help facilitate as much as possible because of my work situation and other personal issues.  
 

is there a prep thread here for getting everything together for the application and subsequent requests for other docs?  
 

Thanks!  And I’ll prob be floating in many threads from here out so if I post in the wrong category my bad 😂!!  

[Mike E 11,739]

Who is pregnant? The U.S. citizen or the non-citizen?

[Rocio0010 5,579]

22 minutes ago, Nam1 said:

think we even still have time to get married here

No, that does not help. A K1 visa is a fiancé visa, so if you marry the visa will be void. Have you considered a spousal visa instead?

[Nam1 2]

12 minutes ago, Mike E said:

Who is pregnant? The U.S. citizen or the non-citizen?

Non-citizen / Thai gf

[Nam1 2]

2 minutes ago, Rocio0010 said:

No, that does not help. A K1 visa is a fiancé visa, so if you marry the visa will be void. Have you considered a spousal visa instead?

Is this the K3?

We have but at every turn it seems many say avoid because of the time wait which I’m assuming is based on green card processing.  
My home state is Louisiana so at this point I’m not sure re service center processing times either.  

[IWander 589]

48 minutes ago, Nam1 said:

Is this the K3?

We have but at every turn it seems many say avoid because of the time wait which I’m assuming is based on green card processing.  
My home state is Louisiana so at this point I’m not sure re service center processing times either.  

Child of a K1 is a K2.  

 

No reason to wait until the child is born to submit the petition.  The newborn can be added later.

 

Processing times are not based on your home location as all I129F petitions start at the California Service center 

[Mike E 11,739]

 

43 minutes ago, Nam1 said:

Non-citizen / Thai gf

The child cannot be born in U.S. then.

 

First principle is to protect the child. That means marrying before the child is born so that the child has an easier path to U.S. citizenship. Presumably through CRBA, but if necessary, through IR-2. Out of wedlock births to non gestational U.S. citizen parents sometimes  produce a nightmare for the child.

 

So K-1 is out. 

 

I am normally a Utah zoom advocate, but  it takes 2 years to get a CR-1 visa.  So follow the Thai process to get married, since the child will be in Thailand for at least 18 months, and you want to be certain the marriage is recognized under Thai law. Especially if the CR-1 is denied or goes into extended processing.

 

44 minutes ago, Nam1 said:

Is this the K3?

Fewer than 5 K-3 visas are issued per year. You can try, but you will have better luck playing slots in a casino. When Congress established K-1 and K-3, the intent was these would be fast turn around visas, end to end 90 days usually. So K-3 was superior to CR-1 and K-1. 

 

Over time, USCIS and DoS corrupted the intent of Congress to make K-3 take as long as CR-1, and then did the same with K-1. Indeed K-1 now takes longer than CR-1.

 

CR-1 is the superior visa, and your wife should wait until your 2 year marriage anniversary to enter on her CR-1 visa.  

[Crazy Cat 41,844]

Another vote for a spousal visa.

Edited August 10, 2023 by Crazy Cat

[Redro 4,611]

As you are currently in Thailand and will be until mid September and appear to have enough time to get married spousal is the best option. 

Do not wait for the birth of the baby to file either petition because your information can be updated with the DS160/DS260.

If Utah marriage is recognized by Thailand and you want to use that document for your future stays in Thailand.- go with Utah wedding. 

If Thai marriage certificate is the better document for Thai immigration and you have enough time to obtain the correct documentation to get married inside Thailand go with that plan. 

Congratulations on your future new edition to the family! 

 

First thing you should do is get married. 

Next will be to file I-130/1-130A online with bonafide relationship evidence.

Then wait for approval... 

When baby is born CRBA will be easier if you are married- you can also register the baby if they are born during your next trip.

So, while you are waiting you can gather evidence of 5 years of presence in the US. 

 

[Dashinka 24,492]

So tips in getting married in Thailand.  I agree with @Mike E, pursue the spousal visa (CR1/IR1), there is no speed benefit to the K1 anymore, get the marriage legal in Thailand while you are there for the next month, then file the I130 as soon as you can.

 

Good Luck!

 

https://th.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/getting-married-in-thailand/

 

 

[davidvs 337]

Marry asap and file for CR1/IR1 not K1.

[JeanneAdil 6,498]

Just checked the US embassy Thai site posted by Dashinka

 

another vote for CR1 as it is so much easier to marry there than what some others of us go thru to marry abroad

no need for Utah zoom

 

BTW CR1 is cheaper in the long run as immigration is intending to increase the AOS fee process in USA to $2820 from $1225

 

Best to all 3 of u and congratulations on the baby to come

[Me and her 279]

Great advice being given to the OP.  Another vote by me for spousal visa.  

[JeanneAdil 6,498]

BTW  u do need to do the CBRA for child of USC born abroad or (if married) file I 130 for the child

Be sure to get the CBRA and US passport for the baby 

 

and the final rule for  fees to go up has not yet been verified in Federal Registry but just proposed in January 2023

[Crazy Cat 41,844]

1 hour ago, JeanneAdil said:

and the final rule for  fees to go up has not yet been verified in Federal Registry but just proposed in January 2023

Pushed to March 2024.