Seeking advice for Thai/US couple May 2025

[PeachyTocker 5]

On a separate and more urgent note - when I google search, it says that there is actually not a problem with applying for a B2 visa and K1 visa simultaneously. Therefore, I truly have nothing to lose beyond $185 by applying right away for the B2. It is justifiable to explain that we are attending a wedding in September and wanted to attend while the K1 is in process.

 

Any disagreement in going forward with the B2 application?

 

EDIT: thanks for the reply below, I have reached my post allotment for the day per forum rules so can't reply.

Edited May 24 by PeachyTocker

[Crazy Cat 43,850]

2 minutes ago, PeachyTocker said:

On a separate and more urgent note - when I google search, it says that there is actually not a problem with applying for a B2 visa and K1 visa simultaneously. Therefore, I truly have nothing to lose beyond $185 by applying right away for the B2. It is justifiable to explain that we are attending a wedding in September and wanted to attend while the K1 is in process.

 

Any disagreement in going forward with the B2 application?

No.  No problem in applying.  A denial or approval will not affect a K-1 or a spousal visa. 

[Crazy Cat 43,850]

One more thing.  Remember that a new immigrant who obtains a Green card when married less than 2 years MUST file a form I-751 to remove conditions at the end of 2 years as a Green card holder.  It is a hassle, and it could interfere with your travel plans as a Green card holder. 

[Edward and Jaycel 1,630]

1 hour ago, PeachyTocker said:

The marriage portion goes back to not wanting to wait 2+ years for her to see the US. Perhaps my understanding is wrong but I thought K1 is about half of that or less.

 

The problem here is once she gets the K-1 visa and then enters the US, she cannot leave the US until the Adjustment of Status is filed, adjudicated and green card issued which can take a year or more after filing. (Yes I am aware there is an option to apply for advanced parole but the adjudication times on that tend to be pretty long and that is intended for emergency travel - I would not travel frivolously on a AP. There is no guarantee that she will be allowed to re-enter the US using it). We are approaching 9 months since Jaycel entered on her K-1 visa and her AOS case is still pending. If the applicant leaves the US while the AOS is pending (with no advanced parole), the case is considered abandoned.

[appleblossom 4,006]

1 hour ago, PeachyTocker said:

Yeah looks like we will plan to stay in the US 7 months per calendar year to be safe and no trips longer than 6mo.

 

7 months may not be enough to be 'safe' though. There is no set minimum time, if it's thought that you have abandoned your LPR status then you could be in trouble even with far less time out of the US. My eldest is a green card holder at university overseas and splits her time between the two, pretty much the same split as you're planning on doing. She is stopped on entry every time now, and taken in to secondary. The only reason she's not had an issue is that she can prove that her family is in the US, her only home is in the US, she only pays taxes in the US, she has a job in the US, and studying abroad is a permitted reason for absence. If you had another home outside the US and less ties then I think you'd be in trouble, particularly with the current administration who have definitely made it tougher. 

 

Basically, if you're not prepared to make the US your permanent home for 4 years or so (until your wife gets citizenship) with just occasional vacations outside it, then I'd stick to the B visa. 

 

Good luck. 

Edited May 24 by appleblossom

[SandP_USA_CR1 14]

Reviewing all your comments, I would go with applying for a B1/B2 visa and wait on the K-1 or CR1 until you are ready to pull that trigger. Besides all the cons you list, the signal you send to the consular officer is an immigrate intent when you also apply for the B1/B2 while also having a K-1 application.

We married in Thailand and have had no trouble with the I-130 or NVC recognizing/accepting the legality of the Thai documents. As a US citizen, you will need to have the Embassy provide you with a notarized copy of your passport and a document saying you are free to marry. Then you will need to have these documents translated (with a letter from the translator stating they are competent in Thai and English) and then take them to the Thai Consular Affairs (there is an office in MBK) to have them certified. After marriage, you will need to have all these documents translated and certified by the Consular Affairs Office (same as with your passport and free to marry document) -- same with her birth certificate and any prior marriages she might have had. USCIS will require these for the I-130 and the CR1. Don't forget you will both need to have in your possession certified originals of your birth certificates and any prior marriage documents (marriage and divorce) -- the Embassy will need to see these originals.

[PeachyTocker 5]

22 hours ago, appleblossom said:

 

7 months may not be enough to be 'safe' though. There is no set minimum time, if it's thought that you have abandoned your LPR status then you could be in trouble even with far less time out of the US. My eldest is a green card holder at university overseas and splits her time between the two, pretty much the same split as you're planning on doing. She is stopped on entry every time now, and taken in to secondary. The only reason she's not had an issue is that she can prove that her family is in the US, her only home is in the US, she only pays taxes in the US, she has a job in the US, and studying abroad is a permitted reason for absence. If you had another home outside the US and less ties then I think you'd be in trouble, particularly with the current administration who have definitely made it tougher. 

 

Basically, if you're not prepared to make the US your permanent home for 4 years or so (until your wife gets citizenship) with just occasional vacations outside it, then I'd stick to the B visa. 

 

Good luck. 

 

This is good to know. It seems like the entire process is filled with ambiguity and vague requirements subject to whichever Barney Fife is having a good day or not. We will make sure to plan accordingly.

 

9 hours ago, SandP_USA_CR1 said:

Reviewing all your comments, I would go with applying for a B1/B2 visa and wait on the K-1 or CR1 until you are ready to pull that trigger. Besides all the cons you list, the signal you send to the consular officer is an immigrate intent when you also apply for the B1/B2 while also having a K-1 application.

We married in Thailand and have had no trouble with the I-130 or NVC recognizing/accepting the legality of the Thai documents. As a US citizen, you will need to have the Embassy provide you with a notarized copy of your passport and a document saying you are free to marry. Then you will need to have these documents translated (with a letter from the translator stating they are competent in Thai and English) and then take them to the Thai Consular Affairs (there is an office in MBK) to have them certified. After marriage, you will need to have all these documents translated and certified by the Consular Affairs Office (same as with your passport and free to marry document) -- same with her birth certificate and any prior marriages she might have had. USCIS will require these for the I-130 and the CR1. Don't forget you will both need to have in your possession certified originals of your birth certificates and any prior marriage documents (marriage and divorce) -- the Embassy will need to see these originals.

 

We are attempting to submit the B2 application now. The website is extremely unreliable and crashes frequently and now we cannot get past the photo section without getting an "application error, we have noted it and you can do nothing" sort of message. It is also rejecting the photo which is a professional photograph from a visa services shop which I manually export to a small enough file size (240kb) to upload. It looks perfect on the upload template but it still says unacceptable. Fun times.

 

Depending on how this goes, we will prepare the K1 afterwards.

[W199 437]

9 hours ago, PeachyTocker said:

 

This is good to know. It seems like the entire process is filled with ambiguity and vague requirements subject to whichever Barney Fife is having a good day or not. We will make sure to plan accordingly.

 

 

We are attempting to submit the B2 application now. The website is extremely unreliable and crashes frequently and now we cannot get past the photo section without getting an "application error, we have noted it and you can do nothing" sort of message. It is also rejecting the photo which is a professional photograph from a visa services shop which I manually export to a small enough file size (240kb) to upload. It looks perfect on the upload template but it still says unacceptable. Fun times.

 

Depending on how this goes, we will prepare the K1 afterwards.

You said yourself in your first post, she has a 0% chance.  She is single with no job or assets, and even worse she has a USA boyfriend which ties her to USA.  She would have a much better chance if she was married and can prove you retired in Thailand.

 

Long term you will be better off and have more success with immigration if you marry now then in 2+ years when you are ready to return to usa, then do an IR1 visa.  These manipulations you are trying to do are not likely to end well

[PeachyTocker 5]

I'll be honest I didn't expect the unanimous direction of the forum to be to have a shotgun e-wedding via Utah and wait 2-3 years before seeing the US.

 

Always appreciate input, but we will go a different direction. B2 and then K1 if needed. Having an engagement period as well as entering the US sooner are both valuable to us.

[Crazy Cat 43,850]

55 minutes ago, PeachyTocker said:

I'll be honest I didn't expect the unanimous direction of the forum to be to have a shotgun e-wedding via Utah and wait 2-3 years before seeing the US.

 

Always appreciate input, but we will go a different direction. B2 and then K1 if needed. Having an engagement period as well as entering the US sooner are both valuable to us.

Not sure what you mean by "shotgun e-wedding via Utah".  That is a viable, legal marriage in the eyes of USCIS and DOS.  Our recommendations are the result of years of seeing many, many cases like your case.  However,it's your decision and your journey. Life is full of choices and consequences.  Good luck on your K-1. Remember that patience is the big key in US immigration as nothing happens as fast as we would like.  Please keep us all updated and please continue your participation.  Every experience adds valuable information to our database. 

Edited May 27 by Crazy Cat

[Boiler 47,053]

People here have seen it heard it before and will choose the logical option 

[PeachyTocker 5]

35 minutes ago, Crazy Cat said:

Not sure what you mean by "shotgun e-wedding via Utah".  That is a viable, legal marriage in the eyes of USCIS and DOS.  Our recommendations are the result of years of seeing many, many cases like your case.  However,it's your decision and your journey. Life is full of choices and consequences.  Good luck on your K-1. Remember that patience is the big key in US immigration as nothing happens as fast as we would like.  Please keep us all updated and please continue your participation.  Every experience adds valuable information to our database. 

 

Shotgun terminology meaning a rushed marriage. Our plans as a couple are to get married in 2026 and enter the US in 2026 (or 2025 on B2 if we get lucky). Our plans were not to get married online right away and enter the US in 2027 or later.

 

I am very open to options hence creating this thread, but I haven't seen anyone substantiate to me how the latter option is better for us. It forces a major life decision to happen immediately, and in a rather non dignified manner, and delays her introduction to the US significantly longer. I still don't get it. I don't want her first interaction with the US be on video chat with a Utah person asking us if we consummated our wedding.

 

Her B2 visa appointment will be done by end of June (already scheduled), then, if needed, we will get the ball rolling on K1, while enjoying our time in Thailand. After K1 is issued, we will move to the US and enjoy 12-18months there until her green card is issued. Afterward we will probably spend some months per year in Thailand until she becomes a citizen. Seems fairly straight forward.

 

Again, if someone can demonstrate where I am slipping up, I am all ears.

Edited May 27 by PeachyTocker

[Edward and Jaycel 1,630]

4 minutes ago, PeachyTocker said:

Her B2 visa appointment will be done by end of June (already scheduled), then, if needed, we will get the ball rolling on K1, while enjoying our time in Thailand. After K1 is issued, we will move to the US and enjoy 12-18months there until her green card is issued. Afterward we will probably spend some months per year in Thailand until she becomes a citizen. Seems fairly straight forward.

 

My comment earlier was made to be sure you understood the 12-18 months that she would have to stay in the US until the greed card was issued. As long as you both are prepared for that, then I say this is a perfectly viable option. Best to you both from me and Jaycel!  

[Crazy Cat 43,850]

10 minutes ago, PeachyTocker said:

I still don't get it.

Your plan may be a great one for you.  We are just providing info.  My concerns would be:

1.  There is recent evidence that processing of I-129Fs might be slowing.  This could mean a shift in USCIS priorities.  So far, a few data miners have reported it.  That hasn't shown up in the Visa Journey average processing time yet.

2.  The limbo period between a K-1 marriage and receiving a Green Card is much more difficult than some have thought.  

Like I said, it's your journey.  I hope it is a smooth one. 

 

Edited May 27 by Crazy Cat

[Edward and Jaycel 1,630]

11 minutes ago, Crazy Cat said:

2.  The limbo period between a K-1 marriage and receiving a Green Card is much more difficult than some have thought.

 

This is why I wanted to be sure they were prepared for it. This has been more difficult than we expected, especially the uncertainty of being in a quasi-legal status while the application is pending.