Is marrying her the only way? Need more time!

[Guest]

Great info, thanks. I don't think immigration would have a problem with us getting married. She came for one month with no plans for marriage. Just couldn't stand to see her leave and the one month just kept getting extended. I figure now is the time to do something. She wil go back when her entry of 6 months stamped in her passport expires. She will go to BKK for a month to sell her condo and car. That means I need to have a way of getting her back sometime in May. Does anyone think that overstaying the one month plan she told immigration is a problem? She told them one month and they stamped her passport for 6.

[Guest]

Staying over a month, WITHIN the six months Visa period is no problem what so ever.

[Guest]

I would be very afraid about her entering into the USA again after selling condo etc.

If you look at people whose visa applications had problems it's always the same things. (K-1 cases)

1. Had not met each other

2. Not divorced yet

3. entered US with intention of marriage (wrong visa).

I think it's hard to prove her intentions but I would be very careful. The INS always looks at the simple things that break the laws.

Something like returning after selling everything could turn into a problem.

The immigration rules are very simple so it's easy to get in trouble.

I would marry her ASAP and file I-130. This way it's all above board - no lies. The "Life Act" as I remember was enacted in Aug of 2001. It's to keep families together.

This new law is really good.

However the hardest thing to prove for INS is her intentions when she re enters USA.

Maybe this will be OK - but why wait and add doubt.

By the way - always send forms overnight mail now days. My I-130 is delayed over 10 days because I used priority mail.

I remember someone provided the following URL already:

http://www.k1faq.com/

I have been to that site so many times. Also search K-3 visa - via google.com or yahoo.com

There isn't much on the new K-3 visa but it's the way I selected because I didn't want her and her family to think "maybe we will marry".

My case is a little different. But if you love her my advise is to marry her and file an I-130. This way even if your apart for a short time there is no chance of something bad happening with the INS.

I think within 3 months she can travel again with the proper K-3 visa. Also an over stay might not be a problem once your married. As long as she entered the USA without intentions of getting married. A second time might really cause the problem. I would be careful.

I have been up many nights reading internet sites and doing all the forms.

Actually the hardest part for me was traveling so many times to Thailand. But there wasn't an option for me - not that I mind too much. Our wedding in Thailand was really nice.

you can just decide to get married at anytime as a US citizen and just do the forms. Just be careful about leaving any way the INS could doubt her "intentions to marry" when she enters USA on any visa other than K-3 or K-1.

If she leaves and comes back it could cause problems. They (INS) seem to look for the most obvious.

My short answer is marry her and send I-130 the next day (overnight). This way you will never have a problem with INS. There will be many more forms after I-130 - one step at a time.

I think I am one of the first to use the K-3 visa. It is much better in 2 cases.

1) Marriage registerd in Thailand (my case)

2) Marriage in USA - already married.

good luck

I can't wait to go and get my wife.

[Guest]

ericsabai,

Thanks for all the input. Just one point to clarify....did you say that she could get the K-3 and be able to travel out of the USA and come back again within 3 months?

[Guest]

Ericsabai,

Good advice if Mapper really LOVES her and wants to be with her forever. However he stated he loves her, cares for her but NOT sure if he wants to be her soulmate. He needs more time. This is understandable.

No need to rush. Their are other Visas that she could possibly qualify for and even bring her dependent children and parents. Even her associates ( more difficult but possible) with her too, to live and work with her in the USA!!! Totally legal as Thailand is one of the 65 countries that the USA has a treaty with.

With this visa, she would not be going through INS but through the US consulate in Bangkok. Her dependent parents would however go through INS. They can normally come with her on B-2 tourist visas, and remain with her in that status as long as she remains in valid status, and they continue to be considered temporary visitors.

Their are three different Visas, that Mappers Fiancee could possibly qualify for. Each case is different and so is the different USA non-immigrant visas. I will be happy to share info that I've acquired. As its way too detailed for this board. Feel free to e-mail me at

its_thaishowtime@hotmail.com

[Guest]

Their are other Visas that she could possibly qualify for and even bring her dependent children and parents. Even her associates ( more difficult but possible) with her too, to live and work with her in the USA!!! Totally legal as Thailand is one of the 65 countries that the USA has a treaty with.

........................................

I can tell maybe you never really looked into marrying a Thai woman (or other immigrent).

Please let us know if there are other options other than K-1 or K-3.

I have really studied this and married in Thailand last December.

On a side note there are limited number of "other visas" available for Mothers and Fathers etc..

now that I read you post again - i would ignore it 100%.

it's easy enough to decide if you don't want marriage. it takes many days of reading and doing forms if you want to marry.

It takes many months. there are not many types of visas- associates is a joke !!

the "Life Act" was recently passed and is a new law in USA. it is meant to bring families together.

[Guest]

As posted before the best starting link is at: http://www.k1faq.com/

this has been my most imortant link besides the INS site.

From there you will link to INS and down load the forms (and read INS web site).

I did the I-130 first (married already).

There are a few other web sites that make interesing reading. Just search your favorite engine to find them.

You can't bring Mothers, Fathers (or associates) at the same time as your Fiancee or Wife (K-1 or K-3).

I have no idea what the other poster was referring to. Immigration laws are very simple.

I did marry into a large family and I'm sure I'll have half the family here as the years pass.

Children under 21 would be given 1st preferance (now K-4).

I would say get started ASAP. the first step is to marry and do the I-130.

I am waiting and really bored without my wife here.

i would say "do it or get off the pot" ;-)

Really - I would look for a woman that you love. it does make it hard with all the immigration rules. I had no problem making up my mind. It's all the paper work that is hard.

My advise is to start early and send everthing overnight.

[Guest]

A Fiancee can only do a K-1 visa. That makes 1 (not 3) available visas. i don't think it's wise to to do anything other than what is intended.

They can marry and do a K-3 (new Life act). She can stay on her current visa and apply for extention - but not re-enter if intending marriage or married.

The re entering would be the dangerous part in my opinion. She would have to lie.

....................................

Their are three different Visas, that Mappers Fiancee could possibly qualify for. Each case is different and so is the different USA non-immigrant visas. I will be happy to share info that I've acquired. As its way too detailed for this board. Feel free to e-mail me at

its_thaishowtime@hotmail.com

.........................................

I am wondering what is so detailed. The law is the law.

The immigration laws make it a little hard. But if you don't do it right there might be a big down side.

Soon i hope to be busy with my wife. it's very hard to live without her.

[Guest]

Ericsabai,

If I were to marry her today and file the I-130 etc. Do you have a guess how long before she could leave for Thailand to close up her personel afairs, sell home, etc. and still get back into the USA?

[ January 26, 2002: Message edited by: mapper ]

[Guest]

Aloha mapper,

I was just reading more and searching about K-3 visa (I-130 , I129F) time lines.

I filed the I-130 on January 4th. I am hoping she can travel to USA by the end of April. Anyway after all the reading I have done about INS the worst mistake is to do something that could cause red flags with INS.

My wife also askes me "how long?" . I don't have an exact answer. The whole process has to be completed. If something goes wrong with the paper work it can cause delays.

Anyway I did run accross a bit of information on "Doc Steens" web site about marrying in the USA. I was searching the site "K-3" I believe.

I found some information that said:

If you wait 60 days (61 days) after she has entered USA on some kind of Visa (ex. tourist, student etc.) Then the burden of proof is on the INS to show that she entered with the intention to marry. Before 60 days the burden of proof is on you. This intent to marry thing might be very important.

I am not doing reasearch about your case but one thing I'm sure you will want to avoid is getting married in USA before 61 days have passed after her entry. I just read this today.

The page I was reading also mentioned evidence "such as selling property etc.". For her to go back to Thailand and sell property and then return would be a bad idea (even if you waited 61 days). I wouldn't take the chance. The down side is violation of INS rules. She can be bared from USA for 3 to 10 years.

If she has been in USA for 61 days I think you can just get married. I am pretty sure she could stay. Traveling out of USA might be a problem for 4-6 months or more.

Once she leaves the USA and is married she can't re-enter without saying she is married (Needs K-3). You never want to lie to INS if it's something that can be proven. Intent to marry is a grey area - just wait 61 days.

It really doesn't matter where you marry (USA or Thailand). I think she will feel better if you marry her rather than K-1. Also with a K-3 she can travel at anytime.

by the way if you want a Hawaii wedding let me know.

1) You can marry in USA and most likely keep her with you for the 4 to 6 months waiting for K-3. As long as she entered on a valid visa I think she can stay (you have to research this. Just call INS. The good thing about K-3 is she can travel anytime. K-1 requires Advance Parol Visa application each time she travels.

2) Marry and stay together before she leaves - then wait during the process - she can't return without K-3 visa.

3) Follow her to Thailand and marry there. Register the wedding in Thailand like I did - then wait. If she has family and friends she might like a wedding in Thailand. But this will separate you for many months unless you travel back and forth to Thailand.

4) Have her return to Thailand and do a K-1 Fiancee Visa. With the new "Life Act" I don't see much benefit in that.

If it were me I would marry her here in USA and file I-130 the next day with intentions of K-3 visa (always overnight mail).

The I-130 wasn't hard. Just start early before the wedding. make sure you visit the k1 visa site I metioned before. Start the 325A form ASAP.

You could still have a wedding in Thailand as well (although you might get hit up for sinsot (dowrey). This is just a big party with the family. The next day you can go to Thai Wat, let birds free and feed fish. it was wonderful for me and didn't cost more than 120,000 Baht including airfare.

I have had a few Thai g/f's. My first one spoke such good English it was rediculous. She had studied western ways and language so long I never learned much Thai from her. I did love her and even moved to Thailand for over 1 year and taught English. I'd say that was a very hard time in my life but I don't regret it too much.

For my case I'm glad I waited to marry. My wife doesn't speak english very much. I am able to learn Thai from her quickly and she loves to teach me.

It's really nice when we argue because by the time I understand her we are both laughing. She speaks very fast in Thai when she is angry. I never put pressure on her to speak english. It's up to me to figure out what she wants.

It's been almost 1 month since I've seen her. I miss her so much.

One thing I see is that people post all the time about visas on all the internet locations. However the result is often missing.

I guess once your together and happy - who has time to post.

I am very bored living without her. Also I feel very happy because I worked so damn hard to marry her. I doubt if I left any doubt in any ones mind about how much I love her. I think it was important to her to have all the photographs and have the party. A Thai wedding is something few western men will enjoy.

If you wait and don't do anything you might lose her forever. You might just drift apart. This happened to me before - but it was for the best.

I can't say how many days/weeks/months I have spent doing everything to marry and do K-3 visa. It's too much work but the internet makes it easier.

When you are separated the paper work is harder.

You must go to the INS web site and get 325A biographic form. She needs to sign it. Do it 3 times. That's 12 duplicate pages with her 2 signitures (24 times) (also signed in Thai).

The 325A form can slow you down if she is in Thailand. She has to sign it.

Do the 325A form now!!!!!

the 325A form doesn't mean anything - it's just biographic info. I had problems with 325A form - just getting mothers maiden name (laughs) it was real work on my part.

I never did get the Fathers birth date so I put unknown. I find it funny because her father has 6 kids. The wife or children can't tell me khun Paw's B/D. I also took many photo's with him - but no one knows his birthday ?? He was off to his rice farm the next day.

I have written too much. also she needs a translated copy of her birth certificate (not sure thai word). Something about "House Record too".

From memory it sounds like you can keep her if she wants to stay.

If you can do a Thai wedding for her it would be nice I'm sure.

Good luck,

I certainly wouldn't have time to write if my wife were here with me already. Although I will try to take time to post about our time line for K-3 from Thailand - after our 2nd honeymoon :-)