Grabii Posted October 5, 2002 Report Share Posted October 5, 2002 Sanukdee, "Does anyone see any problem with getting a fiancee visa after a traditional marriage? " It's quite legitimate to do what you propose. I did it, many people have done it. There is one potential problem, however. Watch your language, both of you. Do not ever use the words 'wedding' or 'marriage' in the presence of an INS officer, or in the documents for the visa process or the subsequent Adjustment of Status process. Do not ever refer to you fiancee as your wife, or her refer to you as her husband, prior to marriage in the USA. Do not wear wedding rings that you may acquire for the Buddhist celebration when she enters the USA and goes through immigration. One very real situation - your I-129f petition to the INS must include statements from you and your fiancee explaining your relationship and intent to marry. More than a few people, one I knew 1st-hand whose fiancee was Thai, thought it would help 'prove' the sincerity of the relationship by including mention of the Buddhist 'wedding ceremony' he and his fiancee had celebrated with family and neighbors back in the village. Bad idea. INS officials are quite familiar with US immigration law, but they haven't a clue about the family law of the more than 100 other countries on this planet. They see or hear the words 'wedding' or 'marriage' and that's the end of your fiancee petition. It took my acquaintance an extra 6 months to get his I-129f approved because the INS required him to prove that he and his fiancee were not legally married. He had to get documents from the Thai government certifying that they were not married, not an easy thing to do. Cheers, JEff Link to comment Share on other sites More sharing options...
HSTEACH Posted October 6, 2002 Report Share Posted October 6, 2002 I fully agree with Jeff. Just make sure you mark single or divorced on all docs dealing with the I-129F. Do not even whisper the word "married." Good luck! HSTEACH Link to comment Share on other sites More sharing options...
sanukdee Posted October 7, 2002 Report Share Posted October 7, 2002 Thank you Jeff and HS. This could be good enough reason to postpone the Thai wedding till after a visa is granted. I would have no trouble filling out the forms properly and not mentioning Thai married already, but I would be a little concerned when the girl friend/fiancee gets interviewed in Bangkok. it would be easy to for her to slip up and say something wrong. I heard the interviews can be rather serious. Link to comment Share on other sites More sharing options...
Grabii Posted October 7, 2002 Author Report Share Posted October 7, 2002 Sanuk, Your problem is not with the US embassy and the issuance of the visa. They understand the laws and customs of Thailand, in particular they understand that it is common for Thai marriages to not be registered and therefore the couple is not really married. If your ceremony is inadvertantly mentioned at the visa interview, your fiancee should have little trouble explaining the situation. Your big potential problem is with the INS. You deal with these folks at the initial petition phase, on entry into the US after the visa is issued, and again for Adjustment of Status from non-immigrant to Permanent Resident. These are the times when you want to be extremely cautious to not mention a wedding or marriage ceremony in Thailand prior to the visa. These people will not understand, unless you are lucky enough to be dealing with an individual who has sufficient personal experience with Thailand. I have not heard of anyone who had more than a superficial interview for their K1 visa, with 1 exception. That exception was my wife and her son who was applying for a K2. The issue that the interview explored in excrutiating detail was whether or not the boy was really her son. The embassy later explained to me that they had had many instances where people used children not their own to create the appearance of a family, so they were very careful in that regard. JEff Link to comment Share on other sites More sharing options...
Guest Posted October 7, 2002 Report Share Posted October 7, 2002 Dont do it...the most important thing in dealing with the INS is absolute and complete honesty...one slip up and you are fucked. At my wifes adjustment of status inteview, the officer made several remarks about laywers (and private individuals) who get caught "bending the truth"...the consequences are expensive. By the way, I started my wife's process in December. She had her green card in hand by May. Link to comment Share on other sites More sharing options...
HSTEACH Posted October 7, 2002 Report Share Posted October 7, 2002 As Jeff said, don't sweat the interview in Bangkok. They just want to make sure all the paperwork is correct. Make sure there is a true relationship. I wouldn't postpone the wedding because of fear of her slipping up at the interview. Best of luck to the both of you. HSTEACH Link to comment Share on other sites More sharing options...
sanukdee Posted October 7, 2002 Report Share Posted October 7, 2002 Well here is what I decided to do... I have the fiancee visa application with me now. And am working on it. I guess we both need right side ear photos and statements of intent to marry within 90 days of arrival. So I just called the girlfriend and told her to take a visa photo and write out a statement and EMS it here. Then I'll file the fiancee petition here in USA in a week or so. Then I'll go to Thailand in Nov-Dec as planned. And if it feels right and necessary. I'll go through with the Thai ceremony in Dec. Or I could put it off till the visa is approved and right before she comes to America? Up to me right? To the best of my knowledge this Thai ceremony is neither a legal marriage in USA or Thailand till it is registered. So I'll consider it an engagement ceremony. BTW i've agreed to a 100,000 baht sin soot (dowry) and to pay for this Thai wedding ceremony which she estimates at 50,000. I think if a Thai girl is willing to bring you to her village, meet the parents, relatives, and family, perform a Buddist ceremony she is quite serious and sincere. Link to comment Share on other sites More sharing options...
HSTEACH Posted October 7, 2002 Report Share Posted October 7, 2002 Concerning the sin sot, is this her first marriage? It sounds as if you understand the K-1 process. I hope you are not in a big hurry to get her here. The INS seems rather backed up in processing petitions. Depending on which INS Regional Service Center you file your I-129F with, processing times are running between 60-120 days, maybe more in some cases. Be sure the package is complete and well organized. Best of luck!HSTEACH Link to comment Share on other sites More sharing options...
Grabii Posted October 8, 2002 Author Report Share Posted October 8, 2002 Sanuk, "I'll go through with the Thai ceremony in Dec. Or I could put it off till the visa is approved and right before she comes to America? Up to me right?" Maybe. More likely up to her. Preferably a mutual agreement, however. "To the best of my knowledge this Thai ceremony is neither a legal marriage in USA or Thailand till it is registered." The Buddhist wedding ceremony is not a legal marriage in Thailand, nor is a wedding ceremony required to have a legal marriage in Thailand. A legal marriage in Thailand consists solely of signing the required documents at the amphur office, no wedding ceremony required. If a marriage is recognized by the Thai government (the definition I use for a 'legal marriage') it is recognized by the government of the USA. I wonder if it's possible to get married in the USA without a wedding ceremony? The only marriage certificates I've ever seen (not many) indicate that a wedding ceremony has been performed by a person authorized to perform such a ceremony. "I think if a Thai girl is willing to bring you to her village, meet the parents, relatives, and family, perform a Buddist ceremony she is quite serious and sincere." Not necessarily! Possibly serious and sincere about making some money, but not necessarily serious and sincere about her relationship with the guy supplying the money. I trust that this statement is not the only basis for your decision to for forward with a marriage to your fiancee? Best wishes, JEff Link to comment Share on other sites More sharing options...
sanukdee Posted October 8, 2002 Report Share Posted October 8, 2002 Yes it is her first marriage. My second. Your estimate of 60-120 days is the most optimistic yet. I will file the petition with the Nebraska Service Center. I called the INS 1 800 375-5283 to try to get more information. The recorded message is rather confusing. It warns that they are backlogged on Visas. But it says some visas are given priority like a spousal visa of a US citizen. But they don't mention the fiancee visa. So I hope the fiancee visa is still the way to go. Link to comment Share on other sites More sharing options...
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