My plan and a few questions

[DHAZ 0]

First I would like to thank everyone responding to my post, I really appreciate everyone's comments.

A little background about myself. I am 25 years old, I met my girlfriend in Thailand through my co-worker and now we are ready to start a future together. I was working in Thailand however I will be moving back to the US permanently. She was recently issued a B1/B2 10 year visa and we are planning to go to the US this August.

Future travel plans:

Aug 2012 We fly to the US together and we file for the k1 in the US right away.

Jan 2013 After she staying for 6months on the b1 visa she should be notified that her K1 was approved and will fly back to Thailand

Feb 2013 I fly back to Thailand to get married for her family then she flies back to the US with her K1 and we get married in the US for my family and to fulfill the K1 requirement.

Can we fill out all the forms while in the US together?

If she is approved for the K1 interview while she is in the US how long until she has to leave the US...meaning how long until her B1/B2 is canceled?

Previous Self Travel History

May 2009-Oct 09 traveled outside the USA for fun.

Nov 09-Mar 10 worked in the USA.

Apr 10-Apr 11 traveled outside USA for fun.

May 11-June 12 worked in Thailand.

Tax Returns:

09 Annual income was very low as I was a student in University

10 I worked only 3 months with a total income of 6000USD

11 No return as I did not make the minimum amount needed to file

I hope to have a job in late 2012 therefor my 2012 taxes again will not meet the income required to file HOWEVER whichever job I will get in late 2012 it will have an yearly salary of 40-50k. Can I show proof of the current pay stubs proving that I make more than the yearly 18k needed for the K1 requirement even though its not on my tax return yet and only for a few months of employment?

If I will need a co-sponser to show support, can this be a retired cousin of that is quite wealthy?

If you have any comments or questions about my situation please list them. Thanks again for taking the time to read and post to my topic.

David

[canadian_wife 1,829]

I'm not going to lie, I didn't read your entire post. I stopped when I read this:

Feb 2013 I fly back to Thailand to get married for her family

K-1 visas are for UNMARRIED PEOPLE. If you marry in Thailand, you are married in the US and her K-1 becomes void, you'll have to start ALL over again with a spousal visa.

Sorry, your plan needs reworking. If you MUST marry in Thailand, file for a Cr-1 visa

Good luck

[lovebirds85 12]

Do not marry in Thailand !!! K1 visa is to marry in USA !!! Once your k1 visa is approved she shall travel to USA and marry you and when you guys have her documents then you may do something in Thailand celebration or something !!!

Edited May 31, 2012 by lovebirds85

[C-ma'am 684]

I'm not going to lie, I didn't read your entire post. I stopped when I read this:

K-1 visas are for UNMARRIED PEOPLE. If you marry in Thailand, you are married in the US and her K-1 becomes void, you'll have to start ALL over again with a spousal visa.

Sorry, your plan needs reworking. If you MUST marry in Thailand, file for a Cr-1 visa

Good luck

I agree with this.. I also stopped right there because that is the biggest NO NO.............. And NO this is not a "frowned upon" situation... these are facts and visa restrictions.

You can file the K1 while she is the US visiting. Keep in mind that the entrance to the US and length of staying are not always 6 months; and CBP agents can give her less time or deny her entrance at POE

[Penny Lane 8,159]

Future travel plans:

Aug 2012 We fly to the US together and we file for the k1 in the US right away.

Jan 2013 After she staying for 6months on the b1 visa she should be notified that her K1 was approved and will fly back to Thailand

Feb 2013 I fly back to Thailand to get married for her family then she flies back to the US with her K1 and we get married in the US for my family and to fulfill the K1 requirement.

This will be a problem.

The K1 takes at least five months just to approve the petition. There is an embassy and interview stage afterwards. Filing in August, I don't believe you will be done by January.

The K1 requirements are that you get married in the United States. You cannot go to Thailand to get married, then fly back to the United States to get married. You have 90 days after entry into the US using the visa to get married IN the United States. If she leaves the country and gets married, she has NOT fulfilled the K1 requirements.

She will not be able to travel until AFTER she is married and you have filed for AOS (with AP - advanced parole). That takes two-three months at the moment to get the EAD/AP card.

Sounds like you should get married in Thailand for her family and then file for the spousal visa.

[Peter_Pan 661]

How about get married in the US, apply for AOS, then with the AP in hand fly to Thailand and do the tranditional wedding?

[Teddy B 17,252]

I agree with Canadian wife. It sounds like your best bet will be to marry in Thailand and file for CR-1.

You also need to remember that just because she was given a multiple entry B1/B2 visa, it does not guarantee her entry into the states, she will still have the same burden of proof as anyone coming to the states on a tourist visa of strong ties to their country to insure their return home. The two of you coming back to the states together may raise some suspicion with the POE officer. It sounds like you are trying to do this without being separated at any time during the process, this may not be legally possible for you, no matter where you get married.

[canadian_wife 1,829]

How about get married in the US, apply for AOS, then with the AP in hand fly to Thailand and do the tranditional wedding?

Coming to the US with a tourist visa with the intentions of getting married and adjusting status is illegal and could result in a lifetime ban. Unless of course you mean that they adjust status AFTER she arrives on her K-1 and not her tourist visa.

Good luck

[C-ma'am 684]

How about get married in the US, apply for AOS, then with the AP in hand fly to Thailand and do the tranditional wedding?

EDIT: Canadian wife beat me to it

Edited May 31, 2012 by Celeste & C

[TnJ 131]

Tax Returns:

09 Annual income was very low as I was a student in University

10 I worked only 3 months with a total income of 6000USD

11 No return as I did not make the minimum amount needed to file

I hope to have a job in late 2012 therefor my 2012 taxes again will not meet the income required to file HOWEVER whichever job I will get in late 2012 it will have an yearly salary of 40-50k. Can I show proof of the current pay stubs proving that I make more than the yearly 18k needed for the K1 requirement even though its not on my tax return yet and only for a few months of employment?

If I will need a co-sponser to show support, can this be a retired cousin of that is quite wealthy?

If you have any comments or questions about my situation please list them. Thanks again for taking the time to read and post to my topic.

David

Everyone else already gave you good advice concerning the K-1 visa. If you do decide to go this route and file in 2013, include your tax return even if it is insufficient. If you have a job that pays you 40-50k at the time of the interview, you more than meet the requirement. Provide pay stubs, maybe, 6 months worth since you don't have much else(tax returns) to show sustainability. Provide employer letter stating position, how long employed, current salary. If you have doubts, yes, a cousin can be a cosponsor as long as they meet the 125% for his/her household plus you two. Not sure about Thailand, but some consulates are really picky about cosponsors with PH being one of them, but you should be fine with that salary.

[Harpa Timsah 13,259]

Your plan is illegal and will result in a lifetime, unwaiverable ban from the US for your girlfriend.

[JohnR! 5,495]

1338470727[/url]' post='5410138']

I'm not going to lie, I didn't read your entire post. I stopped when I read this:

K-1 visas are for UNMARRIED PEOPLE. If you marry in Thailand, you are married in the US and her K-1 becomes void, you'll have to start ALL over again with a spousal visa.

Sorry, your plan needs reworking. If you MUST marry in Thailand, file for a Cr-1 visa

Good luck

Ditto.

[BrockUK 26]

DON'T DO IT BRO!! Why not swap it around and get married first in the US then fly to Thailand for a celebration? That's what I am doing (but replace Thailand with UK). If you decide to file the K-1, do it that way.

If you can't or won't, then file for the CR-1

[NYYankees355 11]

Im sorry, I would make a new plan, it sounds fubar from the start. How about apply for k1 and wait for it to be processed, then come to us and marry within 90 days OR marry and then apply for CR1?

[Cathi 5,828]

the K-1 visa is to get married in the US. If she comes on the b1/b2 visa with the intentions of getting married in the US and adjusting status is fraud and will result in a lifetime ban for your girlfriend. The most logical thing for you to do is to get married Thailand and file for cr1 visa.