Starting the Journey!

[Leo212 0]

Hello everyone. I have been reading this website for a couple months now and I think I am ready to start the journey.

I got engaged to my fiance about 6 months ago after being with her for over a year. I am currently living with her in Thailand. I want to move back to the US and bring her with me.

So I have a lot of questions:

1. Can I start the visa process while I am living in Thailand? Do I have to go back home and be without her until it is finished? I am currently living in Thailand on a student visa. Do I have to cancel my visa and just be a tourist? My ideal plan is to study in Thailand until March of next year and work on getting a visa for my fiance in the meantime, and hopefully be able to go back with her, or just a short time before her.

2. If I do go back home a long time before her, can I come back to Thailand and visit for several months at a time while we are waiting for everything?

3. I am 26 years old. I haven't filed my own taxes in a long time. For taxes, I was a dependent of my mother until last year. I lived in Thailand last year teaching English and this year I am living as a student with no income, just living on my savings account (not a lot of money, but enough for Thailand). My mother is willing to sign an affidavit of support for both of us if necessary. Is this going to be a big problem for me?

4. My fiance has no official birth date or birth certificate. Her passport says xx/xx/1989 for her birthday. She does have a letter from her amphor (district office) which recognizes her birth in the city of Sapong, Thailand on 01/01/1989. But there is no actual birth certificate. I have read that it's not a problem as long as we have that letter, and she is a legal Thai citizen. So my question is, should I write down her birthday as 01/01/1989 on our paperwork? or xx/xx/1989? OR her celebrated, and actual, birthday 11/24/1989?

5. My fiance's parents have no surname, no official birthday, and no citizenship of any country. On the G325-A for my fiance, should I just write the known information about her parents? Where is says last name, should I write "none" or just leave it blank? For their birthdays should I write just the year? Her parents are refugees from Myanmar. They have 1 letter first names.

Hopefully someone can help me with some of these questions. Sorry if I am re-asking some of the same stuff, I have looked for this information but couldn't find it anywhere else.

Thanks!

[Penguin_ie 5,993]

1. Yes you can. You can even file directly with the US embassy in Thailand (called Direct Consular Filing- DCF), which is faster than normal processing. It is actually good that you are resident there as a student, and not just on a tourist visa.

2. That would be up to Thai immigration laws, but I would assume so. From the US side, all you need is someone to check your mail in the USA in case they send you something.

3. No, as long as your mom makes enough that will be fine for a spousal visa. You will need to write a short statement as to why you have not been filing taxes (ie on mom's tax/ no income due to student).

4. I am not sure, it could be a problem in some countries, not sure on Thailand. You may want to ask about this in the Thai specific regional forum.

5. Yes, give the information you have/they remember, and explain in the cover letter.

[Leo212 0]

Thanks Penguin! I am really excited to be starting this process and I am so happy to have a place where I can ask questions.

[Leo212 0]

Well I was reading about the Direct Consular Filing, and it looks like that actually might be the best option for us.

I have been a legal resident of Thailand for the last 2 years, and my goal is to be able to go to the US with my fiancee as soon as possible.

So, what I understand is that if I get married in Thailand first, and then do a DCF, we could be headed to the US in a very short time from now.

[Penguin_ie 5,993]

Yes, and with a spousal visa they HAVE TO accept a co-sponsor, ie your mom, if you makes enough, which they don't always accept with a K1 fiance visa.

[Karee 4,190]

Well I was reading about the Direct Consular Filing, and it looks like that actually might be the best option for us.

I have been a legal resident of Thailand for the last 2 years, and my goal is to be able to go to the US with my fiancee as soon as possible.

So, what I understand is that if I get married in Thailand first, and then do a DCF, we could be headed to the US in a very short time from now.

Sounds like you're a good candidate for DCF. I'd definitely go that route if I were you.

[JIJourney 96]

Welcome to the Journey!

[Leo212 0]

If I do DCF, can I file i-129f? Or do I have to be married first in order to do DCF?

[KayDeeCee 4,893]

You have to be married to do DCF. You won't be filing the I-129F for a K-1 if you go that route.

~ Moved from K-1 Process to What Visa Do I Need - OP still deciding on immigration path~

[Leo212 0]

Thank you everyone for your helpful replies.

I have been doing more and more research on the subject.

My situation is that I am a "resident" of Thailand, but I am NOT allowed to do a DCF because I am a student. If I were employed in Thailand, they would let me do a DCF, but since I am not, I am not a candidate for DCF by Thai law.

I have also found that when doing a fiancee visa, my mother's affidavit of support may be rejected; however, if I were doing a spousal visa, they would have to

accept it.

I have a few more questions, maybe someone could help:

1. Can I get married and then start the application for a spousal visa even though I have not returned to America in more than a year, and I do not plan to return until early next year?

2. While I am a student in Thailand, am I considered to be a resident of my home in America? What address should I give as my present address when filing out my biographical information form?

3. When I was in America in from 2011 - 2013, I had an "under-the-table" job. Should I list this job in my employment history? I never filed taxes during this time, because I was listed as a dependent of my mom with no income and for 2013 I didn't file anything at all.

4. Do I need to do my taxes for 2013 regardless of what I choose to do (in order to get a visa)?

[Leo212 0]

I have a Non-Immigrant Education visa for Thailand.

Am I considered a resident of The United States still?

On my biographical information, where should I say my present residence is? My home in the US or should I list the address where I am living in Thailand? I assume they will find out I haven't been there in a while because I haven't entered the United States in a couple years, which will show from my passport.

'

Last year, I worked in Thailand with a Non-Immigrant B visa and I never filed taxes in 2013.

During this time should I list my address as being in Thailand or in America?

Also, do I need to file taxes before I can apply for any visa? I will use my mom as my financial sponsor.

When I worked in the US, I had a part time job, which was paid cash, which I never filed tax returns for because I made less than 9,000 per year. Should I list this job in my employment history? Should I list the job I worked in Thailand in my employment history?

Edited July 23, 2014 by Leo212

[KayDeeCee 4,893]

You should be able to do DCF if you have legally resided there for 6 months or more. I am not sure what being a student has to do with it. Have you contacted the USCIS local office in Thailand to ask them directly? You can file the I-130 there in person > http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-bangkok-field-office

Form I-130

U.S. citizens residing in Thailand may file a Form I-130, Petition for Alien Relative, at the Bangkok Field Office in person during normal business hours.