shobusun

My two step-children from Thailand have just received their permanent resident cards based on CR-2 visas. The cards expire on 11/12/18. I confirmed with the customs agent at the airport upon arrival from Thailand that the children can travel freely to Thailand and back to the U.S. with their permanent resident cards, without the need for a reentry permit. I'd simply like to confirm this is the actual case and not a misunderstanding between myself and the customs agent.

As a note, we'd like to travel back to Thailand next month (January) and return to the U.S. sometime in June 2017.

Thanks!

Thanks to everyone who's responded recently...in the past week or so. The team effort on the forum here is definitely helpful! ;-)

I stopped by the USCIS Field Office in Bangkok today...they confirmed that a status visa (work, retirement, etc.) was necessary to do the DCF here in Thailand; however, in addition, I was also told that I could also secure a category O visa (for applicants who wish to stay with family in Thailand), and along with a secondary item, such as an apartment/condo lease, I could do the DCF. I can't say with certainty that this circumstance would apply to everyone- but, it is what was told to me by the representative a the office.

So, if I were to remain in Thailand I could simply go to the Thai embassy in Laos or wherever and return within a few days with my O visa to do the DCF. Unfortunately, I need to return to the U.S. temporarily, so I'll grab my O visa there- but, it still saves me time overall. Processing the I-130 in Thailand takes only about 4 weeks, and in the U.S. it is currently estimated at 4-5 months.

Thanks again everyone...take care!

Justin

Uhh...yeah. That's not quite the explanation I was looking for...physical presence in one place or the other- that's usually pretty easy to define.

She's in Thailand. So, that means she's not in the U.S. Wow...that's a real mind-bender. I get it. Thanks.

@Transborderwife...I kinda knew that already, but why not?

OK...so, I'm in Thailand now and I'm thinking there's got to be a better way other than starting over. Similar ideas have been brought up already, but what about applying for the AOS again, and then once the case has gone into 'pending' status again, my wife should be able to return to the U.S., right?

Reminder: My wife's initial AOS application was denied due to missing our interview. We did not file an MTR, and we are both in Thailand currently, along with her two children who have recently issued their K2 visas. My wife received her Advanced Parole / Employment Authorization Card prior to departing for Thailand- it expires on 6/25/16...

Thanks,

Justin

@Lowlie...thanks for your comments, and empathy! And sorry for my poor editing on that post- just noticed I missed a few key phrase transitions, etc. Oops! The emotional gravity had me kinda loopy I guess!

Yeah, it's so easy to get upset and cry wolf, and want to turn away from it all...but that doesn't solve anything- the problem will still be there. And I've learned a great deal about patience and being humble amidst the nonsensical. This whole process draws many parallels to life; though often more condensed and more intensified!

@Hardfacts...you're a punk. Laziness? You don't have a damn clue what I've been through. I understand what you're saying...but it's like saying you shouldn't go outside because it's raining. Yeah, no kidding? Really?

Anyways, thanks again to everyone that's been posting concerning my question/s...

@Boiler...OK, so I understand your perspective now. Basically, it all boils (haha) down to what type of visa you hold; which to me is still kinda' lame. Otherwise, yes, as you say, someone could simply visit (you know, 1 week or whatever) and do the DCF for the I-130- but why not require that you simply provide some proof of residency, like a lease document (for a condo/apartment) or an electricity bill in your name to prove residency?

@Hypnos...yeah, I'm going to contact both the Bangkok Field Office directly, and the the law firm (Siam Legal) that helped me during the initial K1 process. And concerning the K2's, I'm pretty sure those are invalid at this point- although, oddly enough, they were issued nearly 4 weeks after my wife's AOS was denied. I'd almost felt like just having those at the U.S. POE would provide reason enough for passage. But, with no real guarantee, it's not worth the risk, as you'd mentioned before...

Last night though, I just started feeling sick about having to go back to square 1 with everything...you know, evidence of relationship, and all the hoop-jumping, etc. It's just really sad that everything essentially has to start over just because we missed the interview. If and when I have the opportunity I'd like to propose immigration reform to that end- to resolve the unfairness of that aspect of the process. It's both silly and tragic; a horrible, life-altering outcome for such a simple mistake, lapse of judgement, bad timing , or whatever. And being that this effect (the denial) is only part of an incremental process, makes it all the more illogical...it's not like get run over by a car. Why do they not offer a second interview date if you miss the first? How difficult would that be...? In consideration of everything (sometimes years of time and expenses, as in my case) that comes before it, it seems the least they could do.

@Boiler...

I don't follow your logic, and I don't think you're correct. Nor do I think you're necessarily helpful...but thanks anyway. And I admire that you have so many posts on VJ...really- although, I'm somewhat reluctant to say that now.

I see, but I feel the Bangkok Field office should clarify this point...it can easily be misconstrued, because by definition of the word (residing, reside, or residency) I am 'residing' in Thailand if I take up domicile/habitation in a living space intended for 'residency'- not visiting, not as a tourist, etc.

I call B#LLSH*T...end of story.

I'd probably go with a tourist visa, then renewals every month after the tourist visa expired (4 months valid with extension, if I remember right)...

@Boiler...

What you say is obvious- of course, visiting is visiting...

What I'm trying to establish is; if I move to Thailand with the intention of staying until my wife has her visa- which could be 6-7 months (?), and take up 'residence' in a condo, doesn't that constitute 'residing' in Thailand? Seems like the answer should be 'Yes!'...otherwise, what I am doing? Visiting for 6-7 months? Sounds kinda' ridiculous...

@Hypnos

Hmm...well, what constitutes as 'residing' in Thailand? It doesn't specify on their website- it simply says:

Form I-130

U.S. citizens residing in Thailand may file a Form I-130, Petition for Alien Relative, at the Bangkok Field Office in person during normal business hours.

You mention that 'usually tourist visas don't count'- so only someone with a work visa, student visa, etc.? Then what about sending the I-130 to them from the U.S.? The information on the page seems to suggest this possibility- because they list an express mail address, mailing from the U.S.,etc.?

Hi and thanks to everyone who's participated in this thread...I'm sincerely grateful for your responses! Especially thanks to Hypnos, Henry357, and Damara...

Although I came very close to choosing to submit an MTR (motion to reconsider), alas and ultimately, I feel that the most certain route at this point is to file the I-130. My only question now is, where/when do I file? Should I file immediately here in the U.S., or, if I have the opportunity to move to Thailand soon, wait until I arrive in Thailand- considering that if I file here, then move to Thailand there could be some weird-itchy problem? Not sure it matters, but if anyone has advice I'd appreciate it...

Thanks!

@Hypnos...yeah, I appreciate your reasoning. Making another mistake isn't sensible...unfortunately it's razor's edge, I think. I mean the MTR route *could* work, but if it doesn't, what a sad, tragic debacle.

Thanks again...

@Damara...thanks for your reply.

I'm really considering the MTR option...but is the MTR receipt itself (without the actual 'reset' having occurred) enough to solicit reentry back into the U.S.? My question stems from your comment that 'Once the motion is filed you get a receipt BUT it takes time for them to reset everything (about 6 weeks or more) When you file the MTR is revalidates the EAD and AP.'...

Additionally, the kids have their just issued (as of 9/11/15) K2s and my wife has her AP ID card. It seems that any/most customs officers seeing all of that would be OK...?

@Hypnos...thanks for your response.

But many people seem to think that filing the MTR will at least allow for my wife's return, and then even it's denied, we can simply reapply for the AOS...right? Having the MTR receipt in hand seems sufficient to warrant entry back into the U.S., especially considering that both kids also have K2 visas that were just issued last week on 9/11/15, and she's got her AP ID card also.

Damara wrote above: It might be best to file the MTR for that and get your wife back to the US. If the Motion is denied then you can refile the general 485 packet.

OK...I see what you mean. ☺️

But the reps over at USCIS never make unequivocal statements...that's what I've noticed. They aren't helpful at all...they simply report the information that's available to them on the screen in front of them- which isn't much. Just messengers really, and they rarely even emphasize, except saying some empty-line like, 'I'm sorry, I can't help you sir.' Yeah...gee, thanks.

Thanks again for your help and encouragement... ??

@C8787...thanks for your reply!

One thing I don't understand though...if I apply for a motion to reopen the case, will they deny my motion and not send me a receipt based on my denial being based on having missed the interview...? Kinda makes the whole attempt moot, useless. Otherwise, if I do receive the receipt, I think it's the best option for her return to the U.S. And BTW...her kids have already been issued K2 visas- even after her AOS was denied.

Cool...I get it, but what 'instructions' do you mean? Because according to the USCIS at this point my wife's case has been denied...end of story, right? Wouldn't their 'instructions' be to deport her?

Wow...thanks to everyone for responding to my question! If only the the USCIS was this helpful! ?

@Henry357...in your response you wrote:

IMO your odds of granting deferred inspection increases significantly if your traveling with your USC spouse. CBP can get a better picture of the relationship/circumstances, plus deporting someones wife who following USCIS instructions in front of them could be a PR nightmare.

I'd definitely like to consider this option, as it seems reasonable/viable, but what do you mean by 'following USCIS instructions in front of them could be a PR nightmare.'? What 'instructions' are you referring to?

@Hypnos...why would we need to correct any deficiency to the I-485 if we apply for a spousal visa? The only problem was that we missed the interview for the AOS...long story.

So...end of story, more or less- at least going down the river we were going down to begin with.

What I'm missing then is why did the Thai law firm- whom helped me secure her K1 visa no less- advise me that she'd be OK to return, and then simply to reapply for the AOS...? Seriously, #######?!

I also talked to the USCIS on four occasions after her denial, and never did anyone mention that she was stuck in Thailand, etc. Unbelievable. Like they could be talking to you face to face and nary a word if a ###### monster is about gobble you down from behind...

Sorry- this whole thing (since day 1 of the K1 petition) has been a quasi-nightmare of sorts for me.

Thanks for the info. >>>

My wife's I-485 AOS application (based on a K1 visa) was recently denied (August 17) while she was in Thailand securing K2 visas for her children. She was granted an advanced parole ID card prior to departing for Thailand, but now I'm uncertain if she can return to the U.S. because of the I-485 denial...

I've researched on the internet (and here on Visa Journey) and inquired with a law firm in Thailand, and the answer seems to be that it should be OK, and yet I don't really have a definitive answer.

I plan on reapplying for her AOS, but is their a time requirement to that also? Must the reapplication be in effect before she returns to the U.S.? The denial notice only states 30 days to reopen or reconsider the case, but nothing about reapplying.

Any ideas?

Thanks,

Justin