Seeking advice for Thai/US couple May 2025

[DELTAFOXTROT 93]

Go for Tourist Visa, It would be my first choice hands down since you have a valid visa in Thailand.

 

I know many guys who are living in Philippines and tried to get their girlfriends to USA on a tourist visa to visit USA and the ones who were approved the US Citizen had a 13A Visa to live in Philippines.  In US EMbassy in Manila they will tell the applicant if they get denied a tourist visa to have their boyfriend get a valid visa first.

 

If I was in your shoes I would be spending the $185 Tourist visa application fee. 

[PeachyTocker 5]

5 minutes ago, Edward and Jaycel said:

 

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.

 

Can you share some details about what is challenging and uncertain during this 12-18 months? Is there a reason to believe Jaycel's application would get rejected as the newlywed spouse of a US citizen and she would be sent home? 

 

It's hard for me to get my mind wrapped around anything SUBSTANTIAL regarding the negatives of K1. It is all pretty vague to me. If it's just waiting through government bureaucracy that is something we can just tolerate until it's finished. If its beyond that, please share.

[DELTAFOXTROT 93]

On 5/24/2025 at 9:01 AM, Edward and Jaycel said:

 

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.

Me and wife went in out of USA on AP, No issues.

[Crazy Cat 43,812]

10 minutes ago, DELTAFOXTROT said:

Me and wife went in out of USA on AP, No issues.

What year was that?  Things have changed.

Edited Tuesday at 03:46 PM by Crazy Cat

[DELTAFOXTROT 93]

11 minutes ago, PeachyTocker said:

 

Can you share some details about what is challenging and uncertain during this 12-18 months? Is there a reason to believe Jaycel's application would get rejected as the newlywed spouse of a US citizen and she would be sent home? 

 

It's hard for me to get my mind wrapped around anything SUBSTANTIAL regarding the negatives of K1. It is all pretty vague to me. If it's just waiting through government bureaucracy that is something we can just tolerate until it's finished. If its beyond that, please share.

K1 is a far superior Visa, When we did ours it was taking like 30 days approval from Philippines and you could have your girl in USA in about 3 months, Spousal visa was taking at least a year just for approval.

 

Get you girl her asap, and deal wity AP/EAD/Greencard after they are here, the hard part is getting them into USA.  After that paper is cake, and best of all she is here in USA.

[Crazy Cat 43,812]

6 minutes ago, DELTAFOXTROT said:

K1 is a far superior Visa, When we did ours it was taking like 30 days approval from Philippines

What year was that?  Things have changed.

Edited Tuesday at 03:46 PM by Crazy Cat

[DELTAFOXTROT 93]

On 5/24/2025 at 8:41 AM, 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?

 

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

Agreed B2

 

No Brainer........

[Crazy Cat 43,812]

15 minutes ago, DELTAFOXTROT said:

Spousal visa was taking at least a year just for approval.

My wife's case took 13 months from I-130 submission to spousal visa in hand......but that, as is your case also, irrelevant to the OP's case.

Edited Tuesday at 03:54 PM by Crazy Cat

[Edward and Jaycel 1,617]

16 minutes ago, PeachyTocker said:

Can you share some details about what is challenging and uncertain during this 12-18 months? Is there a reason to believe Jaycel's application would get rejected as the newlywed spouse of a US citizen and she would be sent home? 

 

I will answer your second question first - We have no reason to believe that Jaycel's application would be denied. We are in a bona fide marriage and were together for three + years before we got married when she arrived here. The biggest thing right now is the quasi-legal status she is in while the Adjustment of Status application is pending. She is in what is called a "Period of Authorized Stay". Technically she has no legal status and the "Period of Authorized Stay" only is protected from accruing unlawful presence for inadmissibility purposes. And it is at the discretion of the Secretary of Homeland Security. In this heightened immigration enforcement time in the US, this always is at the back of your mind. It makes traveling within the US by air a bit nerve wracking. And of course, taking the risk of traveling internationally is unwise in this environment, except in cases of family emergency. So Jaycel will not be able to go home to see her family until she has her green card in-hand. She would never risk all of the time qwe put into this process so far to travel overseas on AP for frivolous reasons. As I said, the environment around immigration is very different today than it was in previous years.  Nowadays, K-1s are taking about a year from the time the application is filed with USCIS until the foreign fiancée arrives in the US in the best of circumstances. 

[Crazy Cat 43,812]

22 minutes ago, Edward and Jaycel said:

And it is at the discretion of the Secretary of Homeland Security.

This is something that I have thought about a lot.  It seems to be that this policy could change with the stroke of a pen.  But, I haven't seen any indication that will happen, and I'm not sure how they would implement such a change.

Edited Tuesday at 04:18 PM by Crazy Cat

[DELTAFOXTROT 93]

25 minutes ago, Crazy Cat said:

What year was that?  Things have changed.

You can't travel in and out of USA on Advance Parole?

When did that change?

 

Edited Tuesday at 04:02 PM by DELTAFOXTROT

[Crazy Cat 43,812]

13 minutes ago, DELTAFOXTROT said:

You can't travel in and out of USA on Advance Parole?

 

 

Yes, you can.  However, it might be much more cumbersome than a few years ago....especially for anyone remaining outside the US for an extensive amount of time.   That would be my concern.  Besides, the OP has stated he is not planning travel until Green Card is issued.

Edited Tuesday at 04:14 PM by Crazy Cat

[OldUser 9,218]

14 minutes ago, DELTAFOXTROT said:

You can't travel in and out of USA on Advance Parole?

When did that change?

 

My lawyer advised me not to travel on AP unless it was emergency back in 2019. I was in valid status on work visa back then. From what I remember, it was always recommended to stay in the US until GC is issued. 

Most of people I knew who adjusted, followed this advice. A few friends travelled on AP, but had a bit of unpleasant experience as they were put in secondary every single time.

[Edward and Jaycel 1,617]

15 minutes ago, Crazy Cat said:

Yes, you can.  However, it might be much more cumbersome than a few years ago

 

And re-entry is at the discretion of CBP. From what I was told in talking to two immigration attorneys.... "The bar for them denying entry to an AP holder is even lower than denying entry on a visa. The CBP officer has to have a pretty good justification of inadmissibility or suspicion of visa fraud to deny a visa holder entry. There is very little needed to deny entry to an AP holder."  This is why we did not even apply for AP when we submitted Jaycel's AOS package.

[DELTAFOXTROT 93]

30 minutes ago, Crazy Cat said:

Yes, you can.  However, it might be much more cumbersome than a few years ago....especially for anyone remaining outside the US for an extensive amount of time.   That would be my concern.  Besides, the OP has stated he is not planning travel until Green Card is issued.

We rocked and rolled into and out of Cancun a few times, did a trip to Philippines on AP, Ain't scared