The basics...

[Guest daranai]

Hello everyone,

I just found this forum today and was delighted to read through some of the messages and see how many people have found love around the world. I have joined because I'm not sure where else to turn now. My girlfriend is Thai and lives in Thailand, and I am a US citizen and live in California. I hope it's okay to ask advice from some of the veterans on this list, even though my bride-to-be is not from China.

Toommy and I are planning to marry in November. We do have a history together already: by this September, we will have known each other for three years. I visited her in Thailand in November 2002, and in the summer of 2003 Toommy was approved for a J-1 visa to come work in the states for four and half months. She has recently been approved for a new J-1 visa and will be coming to the States again soon. Naturally, I miss her lots, and I want to use the time between now and our wedding to get started on procuring a K-1 visa for her.

My question may be very basic for some of you, and I imagine that somewhere in the forum's archives there are answers to my question already posted. My question is: where do I start? Can anyone list the general steps in the process, just to get things rolling? I know that at one point, I will be waiting on the INS, but first there are things I must do, and numerous sources that I've consulted are rather vague or unclear on what I should do to get started.

Can anyone point me in the right direction so I can get started?

Thank you so much for your assistance!
Daniel

[Trigg]

If you are planning to marry, you will be applying for a K3 visa. I'm not sure of the procedure if she is already in the US. I am sure that you will need to show proof of everything. So a good start is to round up all the pictures you can find of the two of you together as well as pictures of her family. Find all your travel and hotel receipts. Look for all previous divorce and marriage documents. Get birth records etc..

 

Good luck and welcome to the Candle family. We often fight each other---but nobody else better mess with us- it's a brother thing.

Trigg

[se_lang]

If you file for K-Visa I think it will ruin her chance for a near future J-Visa, How ever if she is here and you get married I think it is an easy process to just adjust her status, However I think you should listen to all the responses before deciding, You can expect 6-12 months for a K-Visa and I think she has to be outside the US.

[keelec]

Dan,

 

Welcome to the Candle.

 

There are two types of visas that go hand-in-hand (in many senses).

 

Form I-130 ---> CR1 visa (2 year resident alien visa for spouses)

Form I-129F ---> K3 visa (temporary non immigrant visa for spouses, can easily be changed to a CR1 through the AOS process and some time).

 

There are a few things to keep in mind.

 

If you apply for the CR1, the California Service Center (CSC) is Extremely Slow (I think), taking well over a year for the initial processing.

 

A K3 application could be sent to Missouri Service Center (MSC), but you would expect around 4-6 months processing before the application is sent to a foreign embassy. Thus, it helps a couple get reunited quicker.

 

Thailand has a reputation for being a bit more responsive than other embassies so you may be able to get the interview relatively quickly.

 

Nonetheless, expect your fiancee (wife) to be stuck in Thailand for 6 months to a year before she is granted a visa.

 

The other option that is extremely controversial is to get married in the USA and apply for the visa here in the USA. Doing so, you and your wife might be able to remain together in the USA, but you also may not be able to travel for a couple of years either.

 

I was looking up info on the J1 visa (students and education).

 

http://faq.visapro.com/J1-Visa-FAQ.asp

 

1. What is J1 visa?

   

 The J1 visa is a nonimmigrant visa which allows foreign nationals to enter the U.S. to participate in exchange programs to promote the sharing of knowledge and skills in education, arts and sciences.

   

 J-1 visas are of two types:  

   

 •    J-1 visas that do not have a restriction known as 'Home Residency Requirement' (HRR)

 

•    J-1 visas that have the HRR restriction

 

 

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2. Who are eligible for J-1 visa?

   

 Applicants eligible for J-1 visa are:

   

 •    Students at all academic levels

 

•    Trainees obtaining on-the-job training with firms, institutions, and agencies  

 

 

•    Teachers of primary, secondary, and specialized schools

 

•     Professors coming to teach or do research at institutions of higher learning

 

•     Research scholars  

 

•     Professional trainees in the medical and allied fields  

 

•     International visitors coming for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs

 

Now, the tricky part is the 2-year rule....(if her visa has the HRR (Home Residency Requirement)). You might want to read about that a bit more, and consult an attorney. There are, however, supposed to be waivers to the 2-year requirement too.

 

Ummm, DO NOT DO ANYTHING FORMAL WITH THE INS WHILE SHE IS IN THAILAND, OTHERWISE, SHE WILL LIKELY LOOSE THE J-1 VISA.

 

12. Can I change status while on J-1 visa?

   

 Exchange visitors participating in certain types of programs may be required to return to their home countries for at least two years before they are permitted to adjust status from J-1 visa to Green Card or apply for change of status.  

 

 

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13. Can I apply for Green Card while on J-1 visa?

   

 You may apply for an immigrant status in the U.S. through the following options if you are not subject to the HRR:

   

 •    Family Based Immigration: If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary.

 

•    Employment Based Immigration(Labor Certification): You may find an employer who is willing to file a Labor Certificate for you with the DOL.  

 

•    EB-1: You may also file an immigration petition based on the classification of 'Alien of Extraordinary Ability' - EB-1(A) or 'Outstanding Professor/Researcher' - EB-1(B).  

 

•    National Interest Waiver: You may also file an immigration petition through a 'National Interest Waiver' (NIW). National interest waivers are available to foreign nationals who are seeking work in a profession and who have an advanced degree (or equivalent experience) or can prove themselves as 'aliens of exceptional ability'.

 

   

 Note: If you are subject to the HRR you must get a waiver before applying for immigrant status.