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Here in america want to stay?


paulc31

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Hi All,

 

We have a friend here in colorado on a tourist visa for 6 months, she is staying with her boyfriend for three months now. He would like to marry her before she goes home to bangkok,

she would like to stay, longer with him before she marries him. Time is short for them both what can they do, so she can stay longer?

 

We think that she can marry here in colorado and file for prem/resident and green card now. Or would it be better for them to start K1 visa? Thanks

 

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I called the U.S. Immigration office in Bangkok (Wireless Road) months ago regarding this question as my wife has a 10 year tourist visa, and we are thinking about moving to the States. I was told that we would have to file the paperwork where we live (for us in LOS). Further, I was told that a petition filed while she was in The States on a tourist visa would be denied as an interview at the U.S. Embassy in BKK would be required, etc.

 

K-1 is the route; but, she must be residing in LOS ... the application process will be denied if she does not return to LOS.

 

It is true that if they visit Mexico (or Canada) for a day, the current visa she's on can be extended. And, certainly, they are entitled to marry in the U.S. For confirmation, call Immigration and please note that it is much easier to get an answer on the phone in BKK vs. the States ... long wait and uninformed persons often give incorrect answers in the U.S. and in BKK usually there is no waiting on the phone and the officers are very informative and helpful. Also, check thaivisa.com.

 

I was even told that if we checked in a 'suspicious' amount of luggage upon flying to the States, U.S. Immigration might view that as an attempt to reside in rather than visit the U.S. and deny entry. Do your homework and avoid hassles especially as the application fees are non-refundable. Congratulations on your marriage intentions and good luck.

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Further, I was told that a petition filed while she was in The States on a tourist visa would be denied as an interview at the U.S. Embassy in BKK would be required, etc.

Unless things have changed (entirely possible) then that's BS. My wife entered the US on a tourist visa and we simply applied for an AOS (adjustment of status) to swap it into a green card. No dramas at all. This was in the 90s, and we had been married for years at that point, but still...

 

Otherwise, just tell 'em she's Mexican coming to pick lettuce and they'll just let her in no questions asked 5555555555.

 

Cheers,

SD

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Things keep changing with the rules. Calling the U.S. call center is a joke. When trying to change my wife's statusI got 3 different answers to the same question. I believe that marrying on a tourist visa might be a hassle or deport issue.

Yes the fees for a 485 have gone up much. Glad we got ours done before hand.. Good luck to you both

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