K1 for Thai and Direct Consular filing living overseas

[digitalamn 0]

Wow so I've bought books, seachred the depths of the web, visited some of these legal places (SIAM LEGAL), and am still wondering about a few things concerning the K1.

Here is my situation:

Traditional Thai wedding, didn't register the marriage ext..

I live in Thailand (Chiang Mai) on a Non -Imm O ME visa, (another expired one from last year in my old expired passport)

I don't have a work permit. I volunteer for a nonprofit in the US.

I want to bring my "wife" or fiance in the eyes of the law to the US..

In April we will have a baby.. so I am not leaving Thailand anytime soon..

My question is, if I live here can I apply for Direct Consular filing in Chiang Mai or Bangkok?

If I can't, where and how do I send the I29 file? How will I receive notifications from the US government if I am in Thailand?

I just worry about the fact that I am in Thailand and that might slow everything down.. My parents in the US are helping with a lot of things, so do I just use their address? My house is in Georgia, they live in Texas...

Any help would be great.. I want to start this ASAP..

I just need to hear your experiences and best tactics, especially from those that did all this from Thailand.

Thanks...

[Penguin_ie 5,987]

You can't do DCF for a K1, only for a spousal visa. So, you could get married legally in Thailand ad then apply, but I am not sure your non-immigrant visa to that country counts as legal residency; check with the consulate.

Alternatively, I believe you could file for the K1 using your parents address as your official US residence if they are willing to forward all mail to you.

[KimandRuss 0]

If you are eligible for DCF then the process will be MUCH faster for you. The laws changed last year so do not rely on old information..... you will need to chack with the Consulate there to see if you are eligible based on the visa you're there on.

You will also need to prove domicile in the US...which it sounds like you already have in Georgia?

good luck.

[*Robert* 2]

Without registering as a married couple with the local Amphur, you are not legally married, so you can use the I-129F for a Fiancee Visa. However, you cannot file an I-129F in Thailand, you have to file with the Service Center for your residence.

Whether you use your parents address in Texas, or your home in Georgia, you will have to file with the VSC (Virginia Service Center). If going with a Fiancee visa is what you want to do, then using your parents address would be better, so someone can watch the mail for you, while you're still in Thailand.

Your other option, is to go ahead and get married, i.e. register with the Ampur, then submit an I-130 petition for immediate relative (DCF) with the USCIS office at the US Embassy in Bangkok. (Chiang Mai does not process Immigrant Visas).

For more information, please try posting in the "SAWASDEE 2" thread in this forum. That thread is for people who have gone through Thailand, or are going through Thailand.

Chok Dee

[digitalamn 0]

Ok this probably should be moved to the K3 forum then because that seems to be my best route..

US Domicile? I need to know more about this...

I am temporarily residing in Thailand... If I didn't have residence in the US why am trying to take my wife there? I don't understand this issue...

I have live and active bank accounts, a 401k, medical insurance, recent medical bills, a residence, a car ext all in the US... Isn't this proof that I intend to return and that I have US Domicile?

I just work off support people give me for my humanitarian efforts and volunteer work.. I am not officially "employed" but work voluntarily for a non prof... I can have a letter written and notarized on my behalf by them if need be..

Is this enough?

[payxibka 10,044]

Ok this probably should be moved to the K3 forum then because that seems to be my best route..

US Domicile? I need to know more about this...

I am temporarily residing in Thailand... If I didn't have residence in the US why am trying to take my wife there? I don't understand this issue...

I have live and active bank accounts, a 401k, medical insurance, recent medical bills, a residence, a car ext all in the US... Isn't this proof that I intend to return and that I have US Domicile?

I just work off support people give me for my humanitarian efforts and volunteer work.. I am not officially "employed" but work voluntarily for a non prof... I can have a letter written and notarized on my behalf by them if need be..

Is this enough?

Have you filed all your tax returns? Some people let that one go.....

In addition to the things on your list (some things on your list can be transferred or easily abandoned), by providing a US physical address and then making sure you take care of your responsibilities as a citizen and *poof* you have provided evidence of domicile.

Will you have sufficient income ot assets to suffice the requirements of the affidavit of support?

K-3? Why not just direct consulate file the I-130 in BKK, it will be much faster.

Edited September 24, 2008 by payxibka

[digitalamn 0]

I've never not filed taxes... I try to stay friends with the IRS

"making sure you take care of your responsibilities as a citizen" I may sound ignorant but what does this mean exactly? Like pay taxes?

Based on last year's taxes I am going to cut it close because I quit three months into the year and was without work for a few months and then I decided to come here ... However my assets should give me some working room....

The previous 2 years tax statements meet the requirements no problem..

Just to make sure I will also have two cosponsors who meet the requirements by well over the 125% rule.. This will help if I have trouble based on last year, right?

[payxibka 10,044]

Yup, pay taxes and or renounce your citizenship to name just a couple

but seriously.... consider the DCF option on the I-130.... if you can do it it will most likely save you time and grief