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Hypothetical US Visa Question


expat

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Having worked in Thailand for quite a while, I've made the decision to return to the US if I can get a good job. I've sent out some resumes, and if I get a job, it most likely will start in about 6 months at the end of my current contract.

 

My wife currently has a ten-year tourist visa for the US and has been back with me quite a few times, but before we return I would like to do things properly--in other words get an immigrant visa for her here in Thailand. Note: I am NOT interested in a discussion here of her entering on the tourist visa and adjusting her status while in the US.

 

My question: Should I get the process started now or should I wait until I get a job? If I don't get a job, the time and money will be wasted as we'll stay here, but if I do get a job, there might not be enough time to get her a visa before my job starts. Any thoughts from those who have been through circumstances relevant to my situation?

 

Thanks in advance for any and all help.

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Had a friend in similar situation in 2007. He didnâ??t have to worry about getting the job, but did not have much time before he had to leave to work in the US. At the time they were not even married. What they did was quickly register marriage, and then submitted the I-130 to the Bangkok USCIS office. It was approved in about a week during which time they had already started assembling the Packet 3 documents. They submitted the Packet 3 documents to the consulate and got the interview scheduled. The interview was in about 6 weeks, at that point he left to go to work in US and she went to interview and got the visa. Forgot to mention that her daughter, which my friend had not officially adopted, got a visa at the same time.

Total time, including waiting 6 weeks for interview was less then 3 months.

 

Your problem might be completing the affadavit of support. You might look into that now.

TH

 

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I think they consider that something like 125% of the poverty line. Agreed, not much, you can make that on something like 8 bucks an hour.

 

I wonder if they would accept your 2007 or 2008 Federal Tax return as proof and even though that was a job in Thailand and is no proof of income when you get to the US. There is also the issue of â??domicileâ? which is easy to get past if you have kept a US bank account and other ties to the US.

Good luck.

TH

 

 

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I'm curious too if they would use my tax returns as proof, but it's all moot, thank god, the affidavit will be no problem for us.

 

If it doesn't take long as you have suggested, no worries. If I were looking at a six-month separation, I wouldn't have been very happy. A couple weeks or months is fine.

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Note: I am NOT interested in a discussion here of her entering on the tourist visa and adjusting her status while in the US.

Why not? It is the logical move. It is painless, quick and legal. To do it the other way (i.e., immigrant visa) will keep you apart for at least a year.

 

Unless that's what you want to happen? :dunno:

 

Cheers,

SD

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I posted a rather lengthly story about my wife and 3 kids applying for P.R. visas. You may want to read it. To summerise, I was in no hurry as I started in November, 2007 and finished in August, 2008 and left Thailand in October, 2008. Most of my wife's problems stemmed from having been married previously and the kids having taken their mother's maiden name after divorce. The documentation required to show that the kids have approval to leave Thailand from their father is unbelievable. You won't be able to use any awaiting job in U.S. as proof of support. Ultimately, they accepted most of my assets in Thailand (three houses) as proof, so I doubt you have anything to worry about there. I'm assuming you are in Bangkok, which makes it a lot easier (I lived in Chiang Mai and had to take 5 trips to Bangkok, 2 with family) to meet with officials or to get the police record/voucher for my wife). I don't know how many shots your wife will need but that will be far more expensive than the fee for the medical documents. All in all, we could have gotten this done in 3-4 months if we had hurried but I don't thing your case presents the degree of difficulty that mine did. Good luck!

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Note: I am NOT interested in a discussion here of her entering on the tourist visa and adjusting her status while in the US.

Why not? It is the logical move. It is painless' date=' quick and legal. To do it the other way (i.e., immigrant visa) will keep you apart for at least a year.

 

Unless that's what you want to happen? :dunno:

 

Cheers,

SD[/quote']

 

Why is it going to take a year? He lives in Thailand and can submitt the I-130 to the USCIS office in Bangkok. Didn't you do this for your neices? How long did that take?

 

Though it is indeed legal for his wife to enter on the tourist visa and then apply for change of status, it requires them to swear there was no intent to do so on entry. If the USCIS decides you had the intent to change status on entry and you lose the case, his wife could be barred from ever entering the US again.

TH

 

 

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It'll only work if he does it first, and remains in BKK until the process is finished. I'm not sure of his timeline. Nieces took ~four months AFAIR (with a couple of minor strings pulled that may have shaved a week or so off), but I keep reading that they are so backed up...best to plan on worst case scenarios IMHO. :dunno:

 

We (the ex-Mrs Tiger & I) did the AOS thing with zero drama. No one ever asked any questions of the sort, and she got work permission as soon as the paperwork was filed. Now, of course, that was years before 9/11, so who knows now. :dunno:

 

Cheers,

SD

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