www.thai-visas.com

SPECIAL BENEFITS FOR US CITIZEN RESIDENTS OF THAILAND WHEN FILING FOR A FAMILY VISA FOR A THAI LOVED ONE
 

A question that I often get from US Citizens looking to bring their Thai fiancée or wife to the United States is, “Why can’t we file the Immigration petition with USCIS in Bangkok?”

It is true that there is a USCIS office in Bangkok. In fact, this office actually has administrative jurisdiction over many of the USCIS field offices is Asia so it is bigger than many of the other USCIS offices in Asia. However, a US Citizen cannot file a petition with the USCIS office in Bangkok unless he has been resident in Thailand for over a year. It is the policy of USCIS that the petitioner for a visa must submit the petition to the USCIS office which has jurisdiction over his residence. In the United States this is either the Vermont Service Center or the California Service Center. In the US residence is also easier to obtain as any US Citizen can become a resident of a state fairly quickly.

USCIS has made guidelines as to what constitutes residence in Thailand. Basically, USCIS has decided that residence in Thailand means continuous residence in Thailand for a year or more. In order to prove continuous residence in Thailand a prospective US Citizen petitioner must show that he has a long term visa in Thailand (One year multiple entry, retirement visa, or an extended visa) and USCIS might ask to see a work permit.
 

IF I CAN FILE MY FIANCÉE OR SPOUSE’S USCIS PETITION IN THAILAND WHAT IS THE BENEFIT?
 
The major benefit of filing the USCIS petition in Thailand is the ability to exploit the faster processing time of the USCIS office in Thailand. For example, it will generally take about 8 months to process a K-3 Visa petition and about 12 for an IR-1/CR-1. The IR-1/CR-1 visas are superior visas for a Thai spouse because they confer Permanent Residence immediately upon entry into the United States, but they are a slower visa to obtain. If the processing time with USCIS can be shaved down by a couple of months then it is very advantageous for a Thai/American married couple to file for the IR-1/CR-1 Visas from Thailand because they will get all of the benefit of frontloading the Adjustment of Status process without dealing with the waiting. Therefore, filing in Thailand can be a very beneficial way of getting a Thai spouse into the United States. This being said, one should not conclude that the USCIS processing in Thailand will always be faster or that it will always be the best strategy for a specific couple’s immigration needs. These questions should be looked at on a case by case basis which is where a competent legal professional comes in.
 
 
WEIGH THE OPTIONS OF EACH TYPE OF VISA BEFORE MAKING A DECISION
 
 
Before coming to a decision regarding which type of visa to use and how best to maximize the processing advantages of residence in Thailand it is best to examine the types of family visas available to a Thai fiancée or spouse and the various aspects of each of them. Below are some links to provide general information about each type of family visa available for a Thai loved one.
 
For more information on Visas for Thai loved ones and USCIS guidelines on filing an Immigration petition with the USCIS field office in Thailand please see:
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=abk&OfficeLocator.office_type=OS&OfficeLocator.statecode=abk

Thanks for reading,
Benjamin W. Hart, Esq.
This information is made available to provide general information and a general understanding of the law, not to provide legal advice about specific situations or problems.  By using this site and the information contained herein the reader understands that there is no attorney-client relationship or express or implied contract between the reader and the author, publisher, Integrity Legal LLC., Benjamin W. Hart, Esq., or Integrity Legal (Thailand) Co., Ltd.  The information contained herein should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction. © Benjamin W. Hart, Esq. All Right Reserved.