K-1 visa (not permanent resident) or tourist

[barcman 2]

I want to keep it brief, so it is not too confusing. My filipina fiance and I have been living and teaching together in Thailand for 4.5 years. She has twice been turned down for tourist visas. I have a few coworkers that can't even get their thai wives tourist visas. My fiance has never met my family bc my parents are not healthy enough to travel 24 hours on planes.  What is the best way to get her a visa into the US when we don't want to move there? Can she get a fiance visa and marry within 90 days and leave? Then be able to come back on holidays? The fiance visa says its for coming to USA to marry and another form to see green card. We have already been visiting as many countries as possible to make her tourist visa approval more likely, but the wait list is 7 months in Bangkok to get an interview. 

The options: 

1. Keep trying and probably unsuccessfully tourist visa.

2.  Come and marry on fiance visa (then leave after wedding)

3.  Marry via Utah Zoom wedding and try and get spouse visa (to visit)

4. Anyone have  recommendations for cheap, effective basic immigration lawyer websites that would work?

 

[Crazy Cat 41,804]

3 hours ago, barcman said:

Can she get a fiance visa and marry within 90 days and leave? Then be able to come back on holidays?

Yes, she can come to the US via a K-1, marry, then leave.  However, a K-1 is a single-entry visa.  Once she leaves, it will likely become more difficult to get a B2 visa or to visit the US.  

1.  Unless her circumstances change, I wouldn't expect success.

2.  Possible.  But very expensive and time consuming way to visit once.  The process will take about 18 months....maybe longer.

3.  A spousal visa is for living in the US.  It is not a tourist visa.  There are residency requirements to consider.

4.  Why?  An attorney can change neither the law nor a consulate's decisions. 

Edited January 15 by Crazy Cat

[IWander 589]

2 hours ago, barcman said:

I want to keep it brief, so it is not too confusing. My filipina fiance and I have been living and teaching together in Thailand for 4.5 years. She has twice been turned down for tourist visas. I have a few coworkers that can't even get their thai wives tourist visas. My fiance has never met my family bc my parents are not healthy enough to travel 24 hours on planes.  What is the best way to get her a visa into the US when we don't want to move there? Can she get a fiance visa and marry within 90 days and leave? Then be able to come back on holidays? The fiance visa says its for coming to USA to marry and another form to see green card. We have already been visiting as many countries as possible to make her tourist visa approval more likely, but the wait list is 7 months in Bangkok to get an interview. 

The options: 

1. Keep trying and probably unsuccessfully tourist visa.

2.  Come and marry on fiance visa (then leave after wedding)

3.  Marry via Utah Zoom wedding and try and get spouse visa (to visit)

4. Anyone have  recommendations for cheap, effective basic immigration lawyer websites that would work?

 

If you think 7 month wait is long just wait until you petition for a fiance or spouse visa as wait times will be longer 

[Lil bear 4,181]

You may need to accept that getting her to visit the US is not going to happen. Meet in 3rd country that is  easier for your parents to get to … 

 

Long term.. If having access for you both back into the US is important to you.. and this relationship is one you see lasting into the future .. then marry. Live in Thailand while you apply for her spouse visa , move to the US, live there until she is eligible to become a US citizen, complete Naturalisation .. then you can leave,  return, live where you what to . Yes I did say long term solution .. 2 years to get GC, and as  long as you enter after your second yr anniversary,  then plan on 4 yrs in the US to get through naturalization. 

[barcman 2]

Thank you bear for your input. All things I have been considering. Trying to determine the most likely outcome . Cheers

[Boiler 45,441]

Do you have to go visa Utah, can you not just mary and file a CR1?

 

In a couple of years who knows what your plans will be and you can keep her GC alive for quite some time even if you want to carry on teaching.

 

Presumably your Parents can Joint Sponsor.

[barcman 2]

Boiler, i can do a zoom wedding through utah so we dont have to get into US but can start our marriage timeline which help in the future if we apply for spousal visa. 

[Boiler 45,441]

Can you not just marry in Thailand or is it complicated?

[barcman 2]

Marrying is quite difficult in Thailand when neither is thai. Utsh zoom that is recognized by US is much better. We can still have wedding party in Thailand.

[IWander 589]

1 minute ago, barcman said:

Marrying is quite difficult in Thailand when neither is thai. Utsh zoom that is recognized by US is much better. We can still have wedding party in Thailand.

Sure 

[Boiler 45,441]

2 minutes ago, barcman said:

Marrying is quite difficult in Thailand when neither is thai. Utsh zoom that is recognized by US is much better. We can still have wedding party in Thailand.

In that case go for it.

[Thunderbolt 172]

25 minutes ago, Boiler said:

Can you not just marry in Thailand or is it complicated?

Complicated for US to marry Thai national (or other nationals). Unless they live in Bangkok or Chang Mai then there is less inconvenience and 'paperwork' to do. 

Edited January 15 by Thunderbolt

[Amunah 62]

Another vote for spousal, and in your case zoom through Utah: You are the US citizen and you can use that option, no need to bother with Thailand as both of you being foreigners, also more simple than the Phillipines, since both of you are not there. So use the situation that you can already benefit from, no need for extra steps, expenses. Etc. You are together already so you can file I-130 right right after you get the certificate.The spousal will enable all the unlimited traveling and living abroad, basically your then wife will have the same status as you. Focus on a sponsor for the NVC stage, start now even if it will take a while, since you have been out of the country and confirm your residence etc. 

Edited January 15 by Amunah

[Crazy Cat 41,804]

33 minutes ago, Amunah said:

The spousal will enable all the unlimited traveling and living abroad, basically your then wife will have the same status as you.

No.  As stated, this just isn't true at all.  Can you clarify?

Edited January 15 by Crazy Cat

[carmel34 3,620]

15 minutes ago, Amunah said:

You are together already so you can file I-130 right right after you get the certificate.The spousal will enable all the unlimited traveling and living abroad, basically your then wife will have the same status as you.

Timeline for the above statement to be true will take 6 years if all goes well:

1. Get married in Thailand via Utah Zoom marriage, January 2024

2. After marriage certificate arrives, file I-130/I-13A online from Thailand, February 2024

3. I-130 petition approval, approximately May 2025

4. NVC stage, DS-260, August 2025

5. CR-1 visa interview, approximately November 2025

6. Enter the US on CR-1, December 2025, become an LPR (legal permanent resident)

7. File I-751/ROC removal of conditions, September 2027

8. File N-400, naturalization, September 2028, request combo interview with I-751

9. Combo interview, N-400/I-751 maybe September 2029

10. Oath ceremony, receipt of naturalization certificate, November 2029

11. Apply for US passport, November 2029

12. Receipt of US passport, January 2030, then the spouse will have the same status, US citizen with a passport, free to travel/live abroad, visit, etc.