Can my brother sponsor my Thai wife of 8 years?

[transcapuk 0]

I've been married to my Thai wife for 8 years, we have a 3 year and 10 month old daughter, who we have reported her birth abroad (BKK US Embassy), and acquired her US Passport.

We've fallen on hard times and I need to return to America to work, and I want to take my family with me, but I know I will not be able to financially sponsor my wife, so my question is, can my Brother act as the sponsor and if so, do we apply for a IR-1 Visa or another type?

Some background: During the good times, my wife traveled with me around the world; we just never went to America. She's gotten UK visas many times etc... Never overstayed anywhere! She has a university degree in Marketing, but has never worked since we've been married. In America, I've always maintained my residency at my Brother's house...over 10 years. My Mom and my Brother are the only ones living in the 4 bedroom house, so if we make it to America, we will live at the same house. I hope this helps.

I just began researching, so I'm new to understanding the procedures etc... But if anybody can also be so kind to tell me the typical timelines from the time you submit your initial documentation until she has her visa to enter America?

Thank you very much in advance for any help this forum can offer.

[Unlockable 7,306]

Spousal visa. It takes about a year (hopefully less). You have maintained domicile so that is good. If your brother is a USC he can certainly cosponsor your wife. You will always be primary sponsor regardless of lack of income.

Good luck.

[transcapuk 0]

Spousal visa. It takes about a year (hopefully less). You have maintained domicile so that is good. If your brother is a USC he can certainly cosponsor your wife. You will always be primary sponsor regardless of lack of income.

Good luck.

Is the Spousal Visa the same as an IR-1?

Thank you in advance.

[Unlockable 7,306]

A spousal visa can fall under 2 categories:

CR1 (Conditional Relative 1) = Married less than 2 years

IR1 (Immediate Relative 1) = Married more than 2 years.

Since you have been married for 8 years, yes, it will be the IR1. Your wife should receive the 10 permanent resident card after arrival. At the POE she will receive a stamp in her passport that will activate her permanent resident status. This will allow her to legally work in the US immediately, which may help your situation.

Hope this helps and best of luck to you.

[JFH 12,189]

Is the Spousal Visa the same as an IR-1?

Thank you in advance.

Yes, it's the same thing. IR-1 is the official name of the visa category. Spousal visa is the layman's term.

Since you are living with your wife in Thailand, you may be eligible for the much faster method - DCF through the Bangkok embassy. Do you have permanent residency there or are you on some form of tourist visa?

[transcapuk 0]

Yes, it's the same thing. IR-1 is the official name of the visa category. Spousal visa is the layman's term.

Since you are living with your wife in Thailand, you may be eligible for the much faster method - DCF through the Bangkok embassy. Do you have permanent residency there or are you on some form of tourist visa?

You are correct, that I am living with my wife in Thailand. At the moment, I'm on a tourist visa. I had a company previously, so maintained a work permit, but after closure, and hard times hitting, I returned to America for about 7 months. When I returned to Thailand, with the hopes that my wife could get a tourist visa, I remained on a tourist visa, but she was rejected twice...apparently the US Embassy wanted to see a work permit from my part, to secure her return. I remained on a tourist visa since my return.

My permanent residence has always remained in America.

Question: What are the total costs to apply for the IR-1, and must all those fees be paid at one time?

Thank you again!

A spousal visa can fall under 2 categories:

CR1 (Conditional Relative 1) = Married less than 2 years

IR1 (Immediate Relative 1) = Married more than 2 years.

Since you have been married for 8 years, yes, it will be the IR1. Your wife should receive the 10 permanent resident card after arrival. At the POE she will receive a stamp in her passport that will activate her permanent resident status. This will allow her to legally work in the US immediately, which may help your situation.

Hope this helps and best of luck to you.

Thank you very much!

[JFH 12,189]

Here is a summary of the fees:

I-130 filing fee = currently $420 but proposal to increase to $535 this is paid when you file the petition (stage 1)

After the petition has been approved (can take up to 6 months), move on to stage 2 and pay:

Affidavit of support fee = $120

Immigrant visa application fee = $325

After NVC has completed your review move on to stage 3 and pay:

Medical exam = varies by country. Check local embassy website for details

After medical exam has been completed the interview will take place. If successful you will need to pay:

Green card fee = currently $165 but proposal to increase to $235

Then of course there is the cost of physically relocating... flights, shipping belongings, etc

There may be other fees too such as translation fees or fees to get police certificates or certified copies of civil documents.

Edited October 13, 2016 by JFH

[transcapuk 0]

Thank you very much for your kind assistance. One more question: The police certificate or report...are you referring to my wife, me or my brother who will co-sponsor? If I'm required to present a police report, how do I acquire one when I'm in Thailand and not back in Texas?

Thank you once again.

Here is a summary of the fees:

I-130 filing fee = currently $420 but proposal to increase to $535 this is paid when you file the petition (stage 1)

After the petition has been approved (can take up to 6 months), move on to stage 2 and pay:

Affidavit of support fee = $120
Immigrant visa application fee = $325

After NVC has completed your review move on to stage 3 and pay:

Medical exam = varies by country. Check local embassy website for details

After medical exam has been completed the interview will take place. If successful you will need to pay:

Green card fee = currently $165 but proposal to increase to $235

Then of course there is the cost of physically relocating... flights, shipping belongings, etc

There may be other fees too such as translation fees or fees to get police certificates or certified copies of civil documents.

[JFH 12,189]

The police certificate is required for your wife only. She must obtain one from every country she has lived in as an adult.

Here is what she needs to do:

Police certificates are obtainable from:

Section 3, Sub-Division 2. General Staff Division

Special Branch

Royal Thai Police Department

Rama I Road

Pathumwan, Bangkok 10330

Residents of Thailand requesting a Thai police certificate will need to present two recent photographs (2 inch x 2 inch), the original and a copy of his/her passport, identification card, household registration, name change certificate (if any), marriage and divorce certificate (if any). Thai males aged 17-45 must also present military record or proof of exemption from military service.

Normal processing time is two to three weeks. There is no processing fee.

[transcapuk 0]

I can't thank you enough for putting up with my questions. I'm very grateful!

I now understand what must be done. To get a head start, I began filling out the forms:

I-130 - Completed by the petitioner (Me) - Part of this form confused me. Page 2, Section C "Information About Your Relative - List Spouse and all Children of your Relative". I'm assuming this question refers to my Wife's Relative, but it makes no sense to ask such a question when just above they asked for the names of previous marriages and children etc... The only thing I can think of, is that I must insert my information as a Relative (Spouse) and our Daughter as the Child Relative. It's confusing! Then below, it also asks to insert the Address the Address in the US where your Relative intends to live. I look back to the my previous sentence...question, and it completely throws me off! I now think they are asking for my information above in Section C as they are now asking where my wife will live in the US. I don't know...I definitely have some reading to do here.

G-325a - This Biographic Information form confused me. I originally thought the information requested was on myself, but then reading some questions, I thought...maybe they require my wife's info, but then I read somewhere that I must complete two forms...for myself and for my wife, which make sense. I continued with the questions, and then it makes no sense in areas...asking for my name and alien registration number, when I'm a USC and do not have an Alien Registration #...I read around and there's nothing that states to skip the question if I'm a USC. I'm still working this out. I just need to be sure that we don't make any mistakes.

I need to read the instructions thoroughly again, but I'm surprised that my research online shows that there are many who are confused about these forms as well. Why can't they make a simple and non-confusing form!

Anyhow, thank you very much for all your help!

The police certificate is required for your wife only. She must obtain one from every country she has lived in as an adult.

Here is what she needs to do:

Police certificates are obtainable from:

Section 3, Sub-Division 2. General Staff Division
Special Branch
Royal Thai Police Department
Rama I Road
Pathumwan, Bangkok 10330

Residents of Thailand requesting a Thai police certificate will need to present two recent photographs (2 inch x 2 inch), the original and a copy of his/her passport, identification card, household registration, name change certificate (if any), marriage and divorce certificate (if any). Thai males aged 17-45 must also present military record or proof of exemption from military service.

Normal processing time is two to three weeks. There is no processing fee.