I am so confused: 3 countries (Thai, Israel)+Divorce=Many Questions

[Jenn3125 0]

Hello. I am new to this forum and have read many posts and appreciate the experience of many who post here. I hope that perhaps you can help me as well.

So... my story is slightly complicated but I will try to be clear. I am the American, and my fiance is Thai. We met in Israel where he works and I study. We are planning a ceremony in Israel in May 08 (it is unclear to us if we should make it legal or not at that point). After the wedding we were hoping to go to the US. Obviously he will need a visa and here is where it gets more complicated... What type of visa to apply for spouse or fiance? And is it possible to get a visa with him being in Israel and me in and out of the US and Israel? Does he have to be in Thailand? Also is it a problem that he doesn't speak English (I am fluent in Thai and we both speak Hebrew so... we have never needed English)?

The next problem is where I am the most confused. He was previously married (sort of - those who are familiar with Thailand probably know the informality of registering at the Ampue) and the divorce (after she cheated) was agreed on by the family but never registered. He has been in Israel for 2 years but the fact that divorce was not registered is, I assume, a problem. Are there any solutions to this? Does the US actually check to see if the person was/is married? Thailand allows for divorce if either party has cheated, since this is the case and he has been out of the country for 2 years is it possible to... I don't get a divorce deree without him returning to Thailand? Or perhaps regaurdless of the divroce we have to go to Thailand for the police checks, and interview and things? Like I said complicated and confusing, I have many questions.

From what I understand (but am very much hoping I am wrong) is that we will have to, after the ceremony (perhaps non-official, any advice on that?) , return to Thailand and only THEN start the process (ie we will be stuck 9+ months before being able to return to the US).

As I said the story is complicated... I know. We have been together a more than a year and we are hoping to be married and I need to be back to the US for my job I cannot just wander around Thailand and Israel for a year.

I hope that someone can provide some of the answers to some of the questions I have or perhaps have a source for me to look at. I appreciate any advice. Thanks so much.

Jennifer

[Jaseball 0]

1) Clear the former divorce. He needs to have it legally cleared with paperwork and have his ex sign and everything in place. There really is no sort of. If he was married in Thailand, have him clear the marriage in Thailand before proceeding with anything. He doesn't need to be in Thailand, but if he lived there it won't hurt to have a recent police report.

2) If you have any sort of ceremony overseas it may complicate things. If it is a legal procedure and you are married, then the K1 is out of the question.

3) You can marry overseas and apply for a K3, but this is sometimes a bit longer in processing and waiting from what I have seen.

4) If I were in that situation I would have him clear the old marriage and get papers. As soon as that happens, apply for a K1 fiancee visa. Travel out for a ceremony in Israel or wherever, but make sure it is not a legal process and you are not married and then come back and wait for the K1 to clear and get legally married in the US.

[Jenn3125 0]

1) Clear the former divorce. He needs to have it legally cleared with paperwork and have his ex sign and everything in place. There really is no sort of. If he was married in Thailand, have him clear the marriage in Thailand before proceeding with anything. He doesn't need to be in Thailand, but if he lived there it won't hurt to have a recent police report.

2) If you have any sort of ceremony overseas it may complicate things. If it is a legal procedure and you are married, then the K1 is out of the question.

3) You can marry overseas and apply for a K3, but this is sometimes a bit longer in processing and waiting from what I have seen.

4) If I were in that situation I would have him clear the old marriage and get papers. As soon as that happens, apply for a K1 fiancee visa. Travel out for a ceremony in Israel or wherever, but make sure it is not a legal process and you are not married and then come back and wait for the K1 to clear and get legally married in the US.

Thanks so much for the advice.

1) The sort of is that the marriage there in Thailand was never registered correctly. Do you know is it possible to clear the divorce without being in Thailand? What is the procedure for getting the police reports (he has lived in two countries, Israel and Thailand).

Thanks also for this advice, it is helpful.

Jennifer

[pushbrk 12,156]

1) Clear the former divorce. He needs to have it legally cleared with paperwork and have his ex sign and everything in place. There really is no sort of. If he was married in Thailand, have him clear the marriage in Thailand before proceeding with anything. He doesn't need to be in Thailand, but if he lived there it won't hurt to have a recent police report.

2) If you have any sort of ceremony overseas it may complicate things. If it is a legal procedure and you are married, then the K1 is out of the question.

3) You can marry overseas and apply for a K3, but this is sometimes a bit longer in processing and waiting from what I have seen.

4) If I were in that situation I would have him clear the old marriage and get papers. As soon as that happens, apply for a K1 fiancee visa. Travel out for a ceremony in Israel or wherever, but make sure it is not a legal process and you are not married and then come back and wait for the K1 to clear and get legally married in the US.

Thanks so much for the advice.

1) The sort of is that the marriage there in Thailand was never registered correctly. Do you know is it possible to clear the divorce without being in Thailand? What is the procedure for getting the police reports (he has lived in two countries, Israel and Thailand).

Thanks also for this advice, it is helpful.

Jennifer

The USCIS and Consulate are going to be interested in facts only. He was either previously married or he wasn't. Which is it? If he was married, then he's going to have to prove he is divorced. Whatever it takes, it takes. If never married, there is no issue. Asking about whether the US "checks" is irrelevant. You tell the truth or risk severe consequences.

As for a ceremony in Israel, married is married. If you get married, you don't have a fiance, so you need a spouse based visa. If you have a ceremony that doesn't result in legal marriage, then don't ever represent yourselves as husband and wife until you are "married" in the US. A fiance visa requires the marriage take place in the US. If you wish to marry abroad, you must do so before filing a visa petition.

I don't have a clear answer on whether he can interview for a visa through the Consulate in Tel Aviv or must return to Thailand.

[payxibka 10,044]

You can interview in your country of legal permanent residence. If that is Israel, then he should have no problems requesting an interview in Tel Aviv or Jerusalem depending on where his residence is in Israel....

[desert_fox 32]

contact the nearest Thai Consulate for advice. They should be able to help your fiancee.

The USCIS requires that if there was a valid marriage, then there must be a valid divorce recognized by the Thai govt.

[rin and john 71]

Jenn -

There is nothing informal about registering at the amphur, it is quite formal with document signings by both husband and wife, the amphur, and witnesses. So if the marriage was registered with any amphur office in Thailand, then your fiance was officially married and therefore must be officially divorced. If they never registered the marriage at an amphur's office then they were not officially married and thus cannot get divorced.

I have seen where some K1 applications require a certificate to show they are single and are free to marry. Not sure if Israel or Thailand require it for a K1 (Rin and I got married in Bangkok - at the amphur's office - and all that was required was an affidavit from the US Embassy saying that I planned to marry a Thai National and a second one saying that I had been legally divorced from my first wife). Rin just had to bring her Thai ID card, no proof of being single (although in Thailand once a woman is married her Thai ID card shows her as a Mrs. and she cannot have it changed back to Miss - or so I am told).

[Kang Lang 7]

a certificate of being single is indeed required and will be asked for although our packet 3 paperwork didn't ask for it (not sure if it was old or not?)

good luck to you both!

[vanee 13]

...the police checks....

If he's been in Israel for 6 months or more, he'll need a police certificate for Israel too. Allow 6-8 weeks for it to be processed (it took that long going through the Israeli consulate in Canada), and it might have to be sent directly to the consulate you're going through.