linh1

Thanks guys, I emailed the BKK embassy.

After the interview about four weeks ago I was denied a visa and my passport was returned. However, I was told to wait a month or so till tney decided what to do. A week after that they called and asked me to mail in my passport. I checked CEAC 7 days ago and my visa status was "issued". And they said they would mail it. We are at a flaky Bangkok hotel now and I am a little worried for my passort.

Will the Bangkok Embassy email me when they actually mail it?

Yes, DCF. Everything the US handles is great. But the Thai police clearance was made out for Vietnam Embassy and not US, so had to do twice -- 6 weeks. And trip to Vietnam for police clearance was a 35-day nightmare.

So added up, I guess the gods averaged it out.

NO! It was mailed late Friday, not Thursday. And got email with interview appointment date following Tuesday morning. (I try to edit, but not allowed.)

Is that a record?

Linh

Why do I feel there is mistaKe?

Linh

Thanks, Maria --

I will visit the Thai police office tomorrow morning.

But 1040 asks for my SSN. I don't have one, cant get one. And the way it worked on the TAX ID number (TIN) was: He could not file electronically because as expat, he needed to submit a form that had to be mailed. In that case I would have to apply for a TIN by mail, AND AND, I could not use that TIN for that TAX year, only the next one.Says plainly.

So no SSN or TIN, so he filed singly. And I have zero connection to the USA. Except wife.

OK, so he has to submit ammended forms for last how many years? Three?

I guess that will take six months to go through system.

I guess maybe this should be in the Thai forum. I will be interviewed in BKK, and have lived here a few years. But I got one from Vietna, too.

Yes -- take 3 weeks to get. Seems like it should be for "Authorities of The US Only."

Better would be "For everybody in the world."

Do I have to do it again?

A police clearance is pretty much mandatory for all immigration applicants. It usually involves going to some police office or department of justice office. In person. Call them up and ask how much it is. Fake? Surely there is at least some level of trust in government offices in Ghana. Even my country, Vietnam, issues only valid police certificates. Of course, extortion is involved. I had to pay a lot because I had to tell them why I wanted it, which was to immigrate to the US. Anyway, no money, or not enough of it, and no police clearance. But never ever a fake. There is at least some level of honesty.

Linh

Gawd. I just noticed my Thai police clearance says "For the authorities of the Socialist Republic of Vietnam Only."

As part of getting the Thais to issue the clearance, I gave them the letter from the US Embassy asking for the clearance.

Did they do what is standard and the US will accept it? Or did they check the wrong box somehow. But the clearance does say I am "of Vietnamese nationality."

I guess it is off to the Thai clearance again in the morning??

Will the US embassy care?

Linh

We have been married close to 5 years. My husband's income is all from investments, which have nice deductables, so he does not need me for tax purposes.

I am never been to the States, never had a US visa, have no income, and am not required to file a US tax return. I have no SSN and no other tax ID.

Therefore we definitely are not filing separately.

So my husband just filed "single."

Did he (we) screw up?

Linh1

I stated in the DS-260 (submitted) that I had not used any other name than my passport name. That is, I used my maiden name, Asian style. I just noticed that I signed up for accredited American online courses using my husband's last name, because that is what I will use in the US. (after legal name change).

My two education transcripts that I mentioned in the SD-260 show that name, which is of course not my legal name. Therefore, I have indeed used a name other than my passport name.

So what do I do now? As I say, I have submitted the DS-260, but not yet the Packet 3 -- I am now in Vietnam waiting for my police clearance, with my Thai clearance also being processed now.

Do I let it slide and hope no-one notices or cares, and it goes through, or do I submit the correction with Packet 3?

Is some major problem likely, such as I will have to have new police clearances with the new name? Or all sorts of legal documents?

Thanks, Linh

Thanks for the quick reply.

Linh

My husband and I spent a lot of hours filling out the DS-260 together. At the end they asked me if anyone assisted me in filling out the form. So I click yes, and it asked for the name and address of the preparer, and relationship. Well, that's ME. I prepared it and husband assisted me.

What do I do?

Linh

We are ready to file the I-130 at BKK Embassy, but are holding off for one reason.

My husband was last in the States a couple of decades ago. The last thing we want to do is spend $8,000 for setting up domicile and then discover we did not have to. That is, my husband would fly to the US and then sign a year lease for an apartment that may sit idle for 6-12 months, and then fly back to BKK to be with me.

The following quote from the US Embassy Website in Manilla says the sponsor “Must at a minimum state that he or she intends to take up residence there [uSA] no later than the time of the applicant’s immigration to the United States.” This means concurrent entry into the US.

This is the first official US Embassy writing that actually deals with this situation rationally. They even talk about a petitioner “who has not maintained any ties with the United States.” That is, they do not expect us to be long term foreign residents while maintaining a US domicile.

We are not struggling to get 25% above the poverty level. My husband has worked hard and was clever (lucky?), and he does not need or want a job. We can buy a $200,000 house cash and still need no job. Does any of that count with USCIS? Are they afraid we might try to live under a bridge? Actually, a house with a nice garden and fruit trees near a great trout stream sounds better.

Anyway, here is the full page from: http://manila.usembassy.gov/wwwh3207.html

What is the U.S. Domicile Requirement for Petitioners Living Outside the U.S.

The U.S. Domicile Requirement for Petitioners Living Outside the U.S.

A petitioner living outside the United States and who has not maintained any ties with the United States, and who wishes to qualify as a sponsor must demonstrate that:

1. He or she has taken steps to establish a domicile in the United States;

2. He or she has either already taken up physical residence in the United States or will do so currently with the applicant;

3. The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;

4. The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or

5. Must at a minimum to state that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.

Although there is no time frame for the petitioner to establish residence, the sponsor/petitioner must in fact, have taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

1. Opening a bank account;

2. Transferring funds to the United States;

3. Making investments in the United States;

4. Seeking employment in the United States;

5. Registering children in U.S. schools;

6. Applying for a Social Security number; and

7. Voting in local, State, or Federal elections.

Summarized from 9 FAM 40.41 N6.1-2 Establishing U.S. Domicile (CT:VISA-1317; 09-24-2009)

Sounds like heaven, but doesn't he have to be in the US when I arrive?

The instructions for Packet 3 CR-1 from BKK USCIS state:

"POLICE RECORDS: Each applicant aged 16 years or over is required to submit a certificate from the appropriate judicial or police authorities from the country of the applicant’s nationality or current residence." (My emphasis.)

I am a Vietnamese national who lived in Vietnam until I was 23 (2010), and since then I have been a Thai resident on a an unbroken, long-term O Non-IMM visa. The USCIS instructions seem to say that I would only need a Thai police clearance.

However, I have seen other things in print that say I should get a clearance from everywhere I have lived since I was 16. Which would mean both Thai and Vietnamese clearance is necessary.

It seems that the Vietnamese Embassy in Bangkok may not be helpful for getting Vietnamese clearance, so a trip to Saigon might be needed.

Does anyone know about this?

Linh

Do I have this DCF Bangkok plan right?

1) My husband and I have held continuous, linked long-term Thai visas for three years. He has been gone from US since 1990, before the Internet got invented. With no family at all, he will try to find some ancient friend who still remembers him well enough to possibly allow the use of his address for an I-130. Maybe a problem.

2) We use “friend’s” address to submit the DCF I-130 in Bangkok.

3) He flies to Mountain Home, Arkansas. There he rents a miserable little apartment and does bank, fishing license, voter registration, etc.

4) My husband flies from USA back into my open arms in Bangkok.

5) With miserable little Mountain Home apartment address for the I-864 domicile, I apply for the interview with great big pile of important documents.

6) We wait.

7) The interview is successful.

8) Soon thereafter, he flies on a morning flight to Little Rock, and I fly on the afternoon flight to Little Rock.

9) We hug and kiss and then go to Mountain Home and buy a lovely little home with land for a garden and fruit trees.

Linh

I will add that there is only one country in the world where we can just drop in unannounced, and that is Thailand. We have had a connected pair of long term, easily renewed visas for over three years.

But our travel list has terrible gaps away from home. It looks bad to other people too. We get really wonderful six month visas for NZ from BKK, but in NZ they had a dog smell my crotch and rear end for 30 seconds. I asked husband why, and when he told me I am sure my eyes crossed. I am so naive. And the NZ customs quesioned so long we missed connecting flight to the South Island. As husband says, we are just a madly-in-love pair of poor but honest fly fishermen.

What will USCIS do to us?

OK, we have decided to go for the DCF in Bangkok. If they let us. I will fill out profile here in few days.

I130 "Address in the United States where your relative intends to live." I searched this on VJ and it seems to cause problems, even REFs, but no resoultion in posts here. My husband was last in the US in 1990. Trusted friend address? Not even untrusted friend now. Blank. Nothing. So REF.

G-135A "Applicant's residence last five years." This is 5 years for husband only til we get married in 2010.

2009

Korea

Vietnam

Cambodia

New Zealand

2010

Indonesia

Malaysia

Thailand

Singapore

Tah Dah! Wife (me) enters picture, so it is us together

Vietnam

Thailand, Chiang Mai, September, first real apartment, for 18 months

2011

Thailand, apartment (same)

2012

Thailand, apartment (same)

Korea for five months

Thailand for two months

New Zealand for 4 months until March 2013, permanent address on fishing license is MFT139, car tag, REALLY!! No joke.

2013

New Zealand finish

six months Thailand, cheap Bangkok hotel, really just clean quiet guest house, eat great food with the natives

New Zealand for six months, address MFT 139

2014

Finish New Zealand

Bangkok, now in realy cheap clean guest house

THEN Applicant's last address outside the United States of more than one year.

That would Chiang Mai apartment, ending 2-1/2 years ago. Nomads since then.

How does all this go in form G-325A?

Linh

I posted almost a month ago, but I was disorganized and did not follow up well. (Actually, to prepare for me immigrating we were doing necessary six years back US taxes, for three weeks working kind of full time. No taxes owed, just a kilogram of complicated forms to send to America. Anyway, a kind of commitment to doing immigration.) I will give now more details about us, and I will be more diligent this time answering. I begin again, quick summary: 26 year old Vietnamese woman with born in America husband, married for four years. We have great nomad life, but now we are kind of tired that. I am not sure I will like America, and neither is he. He has not been to America since 1990. But anyway, maybe buy a house in north Arkansas, has good trout fishing, sort of cheap land for a nice garden and fruit trees. My husband does not need a job.

BIG THING: We do not want to begin the immigration process too soon and get instant NO. There are many worries, like my miserable education. I am posting on education forum for getting sort of fast AA degree from America. I know about TESC and Charter Oak, and am learning about CLEP. I have 12 college units of ALEKS math.

(E12HCB, it is the dream of about million American fishermen to make living on tying flies. Unfortunately, competition is stiff. For example, Chiang Mai has huge factories with Thai women tying all day, and you can buy on Internet flies in bulk of 100 for 35 cents a fly. I am good tyer, but only about 20 each hour. That is $7 hour. Minus materials. And not benefits. Tying is a wonderful hobby.)

There seems to be some especially negative things about us for visa.

1. The age difference is serious.
2. My family is poster child for nonfunctional. Five siblings, all wrecked marriages, needless huge debts. I could write book, but won’t, just trust me. 2 and ½ years ago, on our second trip to visit my family, they were horrible to us about getting money, and I will never visit again. I do call them every 2 months for five minutes.
3. My husband was last in America in 1990. And he has no family. He jokes if we visit America, we will need a package tour.
4. I am typical very uneducated Vietnamese country girl, but with one year of America high school online.
5. My husband is definitely NOT uneducated.
6. Everything we own will fit into two checked bags and two carry-ons, including all fishing stuff.
7. Honest to god, the permanent address on our New Zealand fishing license is FMT 139, which is our car tag in NZ.
8. I write as slow as a snail walks, and my reading sucks.

Just on weirdness, the interviewer will probably say no.

I have read US Immigration really does not like

1) large differences in age
2) large differences in education level
3) women with miserable job expectations

I have read that US Immigration really likes

1) happy pictures with spouse families
2) children

We have all the wrong things and not right things. Except husband has some money, and last Nov. he put over $10,000 US in my account. For us to have a backup if his cards got messed up. If $25,000 is magic number for automatic yes from immigration, no problem. But I have big doubts if money will make them say yes.

My husband is a teaching machine. I am a pretty nice photographer because he taught me. I can fly fish with the best because he taught me. My English and high-level cooking are from him. We do so much stuff together. I know he would like to try America, and all he would have to do is buy a single plane ticket. But after four years, a woman can by lots of little things recognize how important she is in her man’s life, and I sleep well. To show you my return feelings for him: I have tried to picture my life without him, and all I see is empty blackness.

But I think all that stuff does not count with US immigration, even though they are famous for warmth and humanity.

I said we do not want to try too soon, but we do not want to wait unnecessary.

My gut feeling is we definitely have to go for AA or AS degree online from America before we start process.

Linh

My American husband and I have been married a little over 4 years, and we have had a renewable year-long Thai visa for almost 4 years. Got married in Singapore. My husband has not been to the States for 24 years, me never. Now we may want to go to the US. Can we do my visa with us together entirely outside US? And can we work it out so we can stay together in Thaiand and then go to the US together and romantically find a house to buy together? In fact, we do not even know what part of the US we want. My husband has had to go on business to Korea a couple of times, and I stayed alone in BKK for 10 days, and I almost died. If we have to be apart for months and months, I prefer staying in Thailand (and New Zealand) together.

I saw somewhere you have to file at the US embassy where you got married. That means Singapore, but we are not residents. We are not rich, but we are not poor. Mixing finances no problem.

linh1