Does anyone know what the Bangkok USCIS looks at in determining residency for the purpose of accepting DCF applications? (I know it isn't really a DCF, but I'll call it that for the sake of simplicity.)

I have lived in Bangkok for 17 months on a Non-Immigrant 'B' visa (business visa), though I have only had a work permit for a few months. I have also leased an apartment during this time. The only times I have left were border crossings to Cambodia every three months for the visa and a three week visit home this past April. I would assume this would be sufficient to show residency, but I would like to hear from those who have experienced this.

I will call the Bangkok USCIS tomorrow and try to get the imformation from their mouths, but like I said I would like to hear someone who has actually gone through it.

Donathan,

I know of several people who have qualified for DCF in Bangkok. You may have a good shot at it based on the circumstances that you relate here, although I am concerned about that period of time when you were doing visa runs.

Be aware that the consulate in Bangkok can be quite strict about domicile. Odds are good that if you can convince USCIS-Bangkok to accept your I-130 for processing then the consulate will consider that you do not have US domicile.

Yodrak

Thanks Yodrak, this is the reply I got from BKK USCIS: You need to have been a resident in Thailand for a minimum of 6 consecutive months. That residence must be lawful residence, not status as a tourist. Proof of such lawful residence can include a work permit valid during those six months, bank statements, and/or lease for an apartment or house. From what you have listed below, it does not appear that you have the requisite lawful residence at this time.

I'm actually not married yet, so going for the K1 might be easier than waiting to establish residency and having to worry about domicile. I would like to leave around mid-March of next year so I need to get started.

Donathan,

You already have a few months in toward establishing residence in Thailand, getting married and waiting a few more months to qualify for DCF could be make the immigration process shorter and easier than petitioning for a K1 visa now. And your fiancee and her family might appreciate her getting married (getting registered, in addition to having a ceremony) in Thailand before she leaves for a new life in the USA.

Even if the consulate determines that you need to return to the USA to establish US domicile before they will issue your wife an immigrant visa it should only take you a month or less to do so - not much of a separation.

Have a consultation with US immigration attorney Bill White in Bangkok, to discuss the specifics of your situation, your objectives, and your preferences, before making a decision as to how you want to proceed.

Thailand Office
140/36 Silom Road
ITF Tower, 17th Floor
Bangrak,Bangkok 10500
Tel. (66) 02-231 6466
Fax 02-231 6204
wfwlaw@aol.com

Yodrak