DCF on Tourist Visa

[Paduppa 0]

My USC boyfriend is staying in Thailand on Tourist Visa/Visa Exemption for  almost a year since Nov 2016.

He doesn't work here and has plan to go back to US in this December.

We are looking up if it possible to file DCF on Tourist Visa by having his mom to be a joint sponsor.

 

Our situation are as follows;
- I'm Thai and we are not married yet.
- He doesn't have any Thai Bank Account neither an apartment rental contract since he stays with me for the most period.
- Ha has hospital statement record - he was going to see doctor every month for around 6 months continuously.
- He has US credit card bills showing his spending in Thailand during his staying.
- He has US bank statement showing money transfer from his saving account to ATM account for using the money in Thailand.

- He has a work space membership proof.

 

I'm thinking about let him walk-in to USCIS office in Bangkok to ask if his case is acceptable to file DCF or not.
Then we can decide to get married (paper work) here and process the DCF before he leave Thailand.

Although, If it is unlikely to get approved, we might consider doing K1 or CR-1 once he gets back to US.

 

Do you think it's possible to ask USCIS that? Any advice?

Has anyone had experiened on applying DCF on Tourist Visa?
Please share.

 

Thank you

Edited October 10, 2017 by Paduppa

[Hypnos 6,576]

Tourist visas usually don't count for DCF purposes, but the USCIS field office there would be the ones to ask. 

[Ning 619]

1 hour ago, Paduppa said:

My USC boyfriend is staying in Thailand on Tourist Visa/Visa Exemption for  almost a year since Nov 2016.

He doesn't work here and has plan to go back to US in this December.

We are looking up if it possible to file DCF on Tourist Visa by having his mom to be a joint sponsor.

 

Our situation are as follows;
- I'm Thai and we are not married yet.
- He doesn't have any Thai Bank Account neither an apartment rental contract since he stays with me for the most period.
- Ha has hospital statement record - he was going to see doctor every month for around 6 months continuously.
- He has US credit card bills showing his spending in Thailand during his staying.
- He has US bank statement showing money transfer from his saving account to ATM account for using the money in Thailand.

- He has a work space membership proof.

 

I'm thinking about let him walk-in to USCIS office in Bangkok to ask if his case is acceptable to file DCF or not.
Then we can decide to get married (paper work) here and process the DCF before he leave Thailand.

Although, If it is unlikely to get approved, we might consider doing K1 or CR-1 once he gets back to US.

 

Do you think it's possible to ask USCIS that? Any advice?

Has anyone had experiened on applying DCF on Tourist Visa?
Please share.

 

Thank you

He must have been a legal resident of Thailand for at least 6 months to file DCF. Time in country on Thai tourist visa has nothing to do with DCF timing. If he were a legal resident he would have a different type of visa which they would accept in a DCF case. 

He can call or write the duty officer at the U S consulate in BKK to confirm the info I gave. If he wants to do it in person he can. The consulate office is in the high rise across the street from the embassy visa section. 

[Jorge V 195]

40 minutes ago, Ning said:

He must have been a legal resident of Thailand for at least 6 months to file DCF. Time in country on Thai tourist visa has nothing to do with DCF timing. If he were a legal resident he would have a different type of visa which they would accept in a DCF case. 

He can call or write the duty officer at the U S consulate in BKK to confirm the info I gave. If he wants to do it in person he can. The consulate office is in the high rise across the street from the embassy visa section. 

It might be possible, but it depends on the embassy. I just recently completed DCF in Mexico on a tourist visa. I had been living in Mexico full time since 2014 so I had lots of evidence (rental agreement, IRS tax returns showing my address in Mexico, US bank account history showing consistent transactions in Mexico). I included this evidence and a letter explaining my situation with my I-130 and it was approved.

[Ning 619]

8 hours ago, Jorge Valdivia said:

It might be possible, but it depends on the embassy. I just recently completed DCF in Mexico on a tourist visa. I had been living in Mexico full time since 2014 so I had lots of evidence (rental agreement, IRS tax returns showing my address in Mexico, US bank account history showing consistent transactions in Mexico). I included this evidence and a letter explaining my situation with my I-130 and it was approved.

It is not possible in Thailand unless the person has been a legal resident for at least 6 months. Residency requires a different type of visa. Her B F has lived in Thailand quite awhile on a tourist visa which is discouraged by charging fees & forcing the person to leave Thailand for at least 24 hours. Many people cross into Laos to comply. 

[Paduppa 0]

Thank you for the replies above. Appreciated it. 

I've heard the way USCIS counts 6 months staying is = 180 days in a year, not sure it's true. 
I think the best way is to asking the USCIS office though. 

 

 

 

 

[Ning 619]

7 hours ago, Paduppa said:

Thank you for the replies above. Appreciated it. 

I've heard the way USCIS counts 6 months staying is = 180 days in a year, not sure it's true. 
I think the best way is to asking the USCIS office though. 

 

 

 

 

It isn't about the length of stay rather the type of visa used to do so. The term tourist indicates his status. Tourist are not residents in Thailand any more than they are in the USA.