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bobsaigon2
August 15th, 2013, 11:48
The minimum requirements for US Immigration (CIS) are that both parties are free to marry, that they have met in person during the 2 year period before filing the Fianc├йe petition, and that the alien fianc├йe intends to marry the US sponsor. ThatтАЩs the easy part. If CIS approves the I-129F Fianc├йe petition, that does not guarantee that the US Embassy in Bangkok will issue the visa. The decision to issue or not to issue the visa is made by the US Consular officer at the time of the visa interview, in light of his evaluation and perceptions.

Fianc├йe visas are not relatively easy to get and there must be a commitment, in the eyes of the interviewing US Consular officer, that the alien fianc├йe fully intends to marry the sponsor.

The Consular officer will be looking for evidence of an enduring relationship. Not an obstacle for a farang whoтАЩs been living in Thailand with his bf for several years, but a possible problem for a farang who visits briefly just a few times a year. The farang who met his bf in a bar and who has just visited Thailand a few times may have difficulty providing evidence of an established or potential long term, committed relationship.

Age differences, the bfтАЩs fluency in English, and the bfтАЩs education and employment history are also major considerations.

Consul will expect to see copies of emails, phone bills of the non-resident sponsor, chat info, photos, evidence of sponsorтАЩs visits to Thailand.

The Form G325A that must accompany the Fianc├йe petition asks for background information about the applicantтАЩs and sponsorтАЩs work history and residence during the past five years. Some consuls will also require a detailed timeline of the relationship.

If the Thai bf met his sponsor while working in a bar, Consul may subject the case to very close scrutiny. Consul will only issue a fianc├йe visa if he is reasonably sure that the relationship is both genuine and viable.

The Fianc├йe Visa Process (for both straight and same-sex couples):

1. File Form I-129F and G325A with US Immigration (CIS) in the US to apply for Fianc├йe Visa
2. If CIS approves, case will be forwarded to the National Visa Center (NVC)
3. NVC will contact applicant regarding additional documentation and fees needed
4. After NVC processing is complete, a visa interview will be scheduled at US Embassy Bangkok.
5. If applicant is approved at interview, visa will be issued within a short time
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6. After arrival in US, alien fianc├йe must marry US sponsor within 3 months.
7. After marriage, can apply for Conditional Green Card, good for 2 years
8. At end of those 2 years, can apply for Permanent Green Card
9. Three years after receiving first Green Card, can apply for US citizenship

Once the couple is married and the bf gets his Permanent Green Card, he is free to do as he pleases, which could include divorcing his partner/sponsor (and he gets to keep the Green Card).

If the Consular officer thinks that the bf is just using the fianc├йe visa to get a Green Card and the claimed relationship will result in a sham marriage, the visa will be denied.

Though the demise of DOMA has now made marriage equality the law in some states, US Immigration and the US Embassy are staffed by ordinary people, some of whom will be reluctant to see non-traditional unions approved. This may result in extensive requests for proof of a genuine relationship, and it is the Consular officer alone who decides what is тАЬgenuineтАЭ.

Since the Thai bf may not be eligible for a tourist visa to the US, the fianc├йe visa appears to be the only practical option. Of course the couple could travel to a country allowing same-sex marriages. That would enable the US sponsor to file a spouse petition, probably making it a stronger case, though by no means constituting a guarantee of visa approval.

To get started, visit http://uscis.gov, click on Forms to reach I-129F.

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Sixteen countries now have the freedom to marry for same-sex couples nationwide (Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, France, Brazil, and Uruguay - plus New Zealand and Britain, which have passed laws that will take effect in 2014).

Same-sex marriage is legal in 13 U.S states and Wash DC: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington State.

Brad the Impala
August 16th, 2013, 01:43
A very clear description of the process, and quite similar to the UK procedure. Have you tried this yourself, or know anyone who has?

bobsaigon2
August 16th, 2013, 10:35
IтАЩm firmly settled with my Vietnamese partner in Saigon. He would wither and die outside his culture, so weтАЩre not about to try it.

I donтАЩt know of anyone in Thailand who has started the process, and it would be several months before we see how these cases are going to fare at the hands of US officialdom.

IтАЩm familiar with two cases in Vietnam. In one, the ethnic Vietnamese US citizen is sponsoring his male partner who lives in Saigon. Probably a good chance of approval. TheyтАЩve been in an LDR for three years.

In a female same-sex case, the lady in Vietnam has decided she wouldnтАЩt be able to get a tourist visa to go to the US to marry there, so she will go to Canada and her US partner will meet her there for their marriage. Then sheтАЩll return to Vietnam and the US citizen partner will file a spouse petition. Looks like another case with good prospects.

Farang trying to bring Thai ex-bar boy to the USтАж.. My OP was intended to point out how difficult this would be. Maybe weтАЩll have to wait to see how it goes with our fellow board member, the New York metro-sexual, if he attempts to add his latest find to the stable of partners he currently runs.

August 16th, 2013, 15:44
Thank you bobsaigon2 for the post. Being a Californian this is good information to have.

Khor tose
August 17th, 2013, 10:17
A very clear description of the process, and quite similar to the UK procedure. Have you tried this yourself, or know anyone who has?

Yes, my visa application was just approved by the USCIS. This is a very good description of the process. I would add several things. One is that you must make a statement of your intent to marry you partner. Here is where you need to put in the Why and how. Also, I would add is that you can also provide proof of all trips you have taken together by showing matching visa stamps in his and his/her passport. Another great way to establish the sincerity of the relationship is to have friends that have known you as a couple write a statement for you with their address and phone number. Age is a factor but not a major one. The best way to overcome the whole process is to be completely honest, and I would suggest you address the age question in your cover letter (statement of intent to marry your partner). I did so by saying that when we have fights it is due more to cultural difference then to age. Oddly this is true in my case, and I suspect may also be true with others. Finally you do have have to travel to another country to get married as you can get married in one of the 13 states in America where gay married is legal. Fortunately, I am from one such state, but some states without residency requirements will work even if you do not live there.

I need to add a word of caution for those of you whose partner--like mine--have a tourist visa for the US. AS tourist visa is a one purpose visa for tourism only. immigration takes a very dim view of getting married on a tourist visa as that constitutes fraud in their eyes and will be grounds for denying you a marriage visa (called a consular visa) to the US. You can get married in one of the nations like Vietnam that have gay married but then you apply as a married couple for a consular visa, but this process takes longer then the financee visa.

francois
August 17th, 2013, 11:18
This topic is very intersting and informative from a theoretical point of view. However, for me, I can think of no reason to marry my bf even though together for many years. Looking forward to other views on that aspect.

Pattayamale
August 17th, 2013, 12:24
Another thank you to bobsaigon for his post.

My bf and I have started the process 2 months ago. We have received "action 1" which means our application has been sent for further processing. I have been told that this step usually takes 5 months.

In our case, we have been together almost 15 years. The BF has a 10 year tourist visa. The suggestions my khor tose are also helpful. Here is a commercial link from siam legal which is interesting because it gives a timeline for the steps. We have NOT used any service and I am NOT making a recommendation of doing so. I just thought is was a good source since it supports the US State Department information.

http://www.siam-legal.com/US_Visa/k1-process-thailand.php

@Kor tose...did you apply before the DOMA decision? I ask because you have already been approved and we are still waiting for our "2nd action" so we can do the interview at the embassy in Bangkok.

bobsaigon2
August 17th, 2013, 12:38
I concur with everything Khor tose said (but same-sex marriage still not allowed in Vietnam or in any other SE Asian country).

People who enter the US as Tourists or Students do sometimes end up marrying a US citizen, though US Immigration is not pleased about such cases and extensive efforts must be made by the couple to show that (a) it was not the original intent of the alien to marry while in the US on a non-immigrant visa and (b) that the marriage is the result of a тАЬgenuineтАЭ relationship, not a sham, not entered into to circumvent US immigration laws.

Some readers, myself included, will no doubt agree with FrancoisтАж.. no reason to marry bf. Indeed, unless your bf is desperate to get a Green Card, why contemplate marriage? It would involve a lengthy stay in the US, at least 4 years if bf intends to become a citizen. Of course with a Green Card, bf could return to Thailand for visits but US Immigration expects тАЬPermanentтАЭ Residents to live primarily in the US, permanently. I cannot imagine either myself or my partner choosing such an option.

Brad the Impala
August 17th, 2013, 13:26
An interesting element in the "where can you get married", or I assume, where can you your civil partnership be registered, is the responsibility of the, in my case, British Embassy to facilitate that, where they operate in countries that do not themselves allow it. Therefore I was able to register my CP in the British Embassy in Budapest, while we were both staying there, and it became valid as it were, in the UK. We had to allow three weeks between registering the intent, and the actual ceremony, for notice to be given.

Now I wonder therefore why this wouldn't be possible at say the British Embassy in Bangkok for example, although they might be inundated, and although a civil partner or spouse is far from certain to obtain a visa as such, it must help a little.

Khor tose
August 17th, 2013, 13:35
I concur with everything Khor tose said (but same-sex marriage still not allowed in Vietnam or in any other SE Asian country).


Bob you need to look again at Vietnam. Same sex marriage is allowed with a short residency requirement.

blazer
August 17th, 2013, 14:30
A good summary of the requirements for a fiancee visa.

A note about the requirement to marry within 90 days. You do not have to marry within that 90 days. If you do not marry, the foreign partner must return to his home country. There is no penalty for this, nor is there a penalty if you decide to reapply at a later date with a different partner.

A few caveats about the fiancee visa and family visa: Marriage is a matter of state law in the US, but the fiancee visa and family visa(getting married prior to application, then applying to live in the US) come under federal law as well. If you read the fine print on the application, you are agreeing to support this person for at least 10 years if you marry, regardless if later divorced or having left the country. This will be used against you in any divorce or separation proceedings. If incomes and assets are unequal, it can result in substantial maintenance payments. Even in a short marriage.

Marriage comes with a bundle of rights varying by state. In many states, your spouse can leave you one day, get a lawyer the next day and demand support payments. And the partner with the assets and income will be hit with all lawyers fees as well.

Strongly recommend a prenuptial agreement. This is especially important with a fiancee or family visa because of the federal requirement to support the partner for an extended period of time.

bobsaigon2
August 17th, 2013, 18:33
Khor tose, Could you give us a link that confirms same-sex marriage is legal in Vietnam? All I can find are items that hope it will be allowed in future.

http://english.vietnamnet.vn/fms/societ ... y-off.html (http://english.vietnamnet.vn/fms/society/80315/same-sex-marriage-in-vn-still-long-way-off.html)

http://www.economist.com/news/asia/2158 ... hades-pink (http://www.economist.com/news/asia/21580526-some-countries-consider-gay-marriage-elsewhere-attitudes-harden-fifty-shades-pink)

Khor tose
August 17th, 2013, 19:22
A good summary of the requirements for a fiancee visa.

Strongly recommend a prenuptial agreement. This is especially important with a fiancee or family visa because of the federal requirement to support the partner for an extended period of time.

Actually if the marriage is dissolved prior to two years he has to go home unless your individual state has an exception. For example, in some states if he can prove that he was a victim of domestic violence then he can stay. This is one reason why they check for arranged marriages where this is common. Having a partner of two years who never says he was abused and then all of a sudden you are an abuser puts the burden of proof on him.. Completely agree about doing a prenuptial agreement as most states have community property laws and if you did not do one, he gets 1/2 of all the assets. Be advised that to be held up by the courts you should do this at least one month before you are married and you should both be represented by lawyers prior to the contract (and that is what it is) being signed. I am trying to find out now if he can have a Thai lawyer here who will work with an American lawyer in the states. if you have an answer to that I would appreciate it.

anonone
August 17th, 2013, 19:58
Great information in an interesting thread.

For now, I am similar to BobSaigon and Francois in that I could not imagine BF living in the USA for any extended period of time. But it is great to hear about the progress being made for those members that wish to get the Fiancee Visa. Good luck to you all.

And who knows, maybe sometime in the future it would be something we would want to pursue ourselves. Great to have the option.

Nirish guy
August 17th, 2013, 21:12
And who knows, maybe sometime in the future it would be something we would want to pursue ourselves.

What and that lovely boy of your seeing what your REALLy getting to at home while he's stuck in Thailand, are you MAD ! ha ha - oh hold on, I've just remembered you're not exactly subtle in that regard even when you ARE in Thailand anyway Anon so it's probably little odds anyway ! lol

anonone
August 17th, 2013, 22:10
LOL. You make me sound like such a tramp....and coming from you, a well known paragon of celibacy and virtue. :sign5:


May I assume that when Ireland gets around to legalizing gay marriage that you will be first in line to settle down with a fine Thai Lad? :love4:

Khor tose
August 17th, 2013, 22:43
Khor tose, Could you give us a link that confirms same-sex marriage is legal in Vietnam? All I can find are items that hope it will be allowed in future.

http://english.vietnamnet.vn/fms/societ ... y-off.html (http://english.vietnamnet.vn/fms/society/80315/same-sex-marriage-in-vn-still-long-way-off.html)

http://www.economist.com/news/asia/2158 ... hades-pink (http://www.economist.com/news/asia/21580526-some-countries-consider-gay-marriage-elsewhere-attitudes-harden-fifty-shades-pink)

I can't find it at the moment, but an English friend of mine married his Burmese boyfriend there, and I will ask him what the deal is and either post it here if this thread is still open or PM you. I think the law is different for two foreigners then it is for Vietnamese and foreigners.

bobsaigon2
August 17th, 2013, 22:57
Your British friend and his Burmese bf getting "married" in Vietnam? I wonder if it might not the type of civil partnership that Brad refers to above, which apparently can be arranged through the British Embassy. No reports of any same-sex marriages, foreign or local, being legalized by the Vietnamese government during the 13 years that I have been living in Saigon.

August 18th, 2013, 04:25
All this rubbish about sad sad poofs wanting to conform by getting married. pathetic.

Khor tose
August 18th, 2013, 09:09
All this rubbish about sad sad poofs wanting to conform by getting married. pathetic.

Or it may be pathetic that a gay man thinks gays are sad poofs. :tongue3:

August 18th, 2013, 15:07
They need to Man Up and free themselves of the shekels of dosmasticiti.

Brad the Impala
August 18th, 2013, 16:00
It's not about domesticity and wearing aprons and baking cakes! It is about the right to have our partners and relationships treated equally with heterosexual ones, both in general, and in the particular areas of tax, welfare, pensions, and for my partner to be recognised as my closest kin, not my brother or cousin or some other family member.

Dodger
August 18th, 2013, 19:03
bobsaigon2,

First and foremost...Great post!

You wrote:


Some readers, myself included, will no doubt agree with FrancoisтАж.. no reason to marry bf. Indeed, unless your bf is desperate to get a Green Card, why contemplate marriage? It would involve a lengthy stay in the US, at least 4 years if bf intends to become a citizen. Of course with a Green Card, bf could return to Thailand for visits but US Immigration expects тАЬPermanentтАЭ Residents to live primarily in the US, permanently. I cannot imagine either myself or my partner choosing such an option.

I share the same feelings as you and Francois.

My Thai bf and I were married in LOS last June which of course is not recognized legally. Our desire to do this was based on the simple fact that we wanted to celebrate our personal commitment to each other and allow others to celebrate along with us. The marriage itself was performed in traditional Buddhist fashion which pleased him and his family members, and the fact that there is no legal document binding our marriage to any countries legal policies (all financially focused of course) suits me fine. Most Thai Buddhists place more emphasis, and give a much higher priority, on the spiritual aspects of a couples bonding versus the legal aspects, thus the reason gays can bond in a marriage ceremony in LOS without any stigma being attached regarding the non-legality of the marriage.

I have no desire whatsoever to have him live with me here in the States for the mere fact that my line-of-work requires full-time travel and I only return to my home base on weekends, thus he would vertually be living alone. I plan to retire in about 7 years time and will reside full-time in LOS. LOS is where we will enjoy our lives together and there is no legal document which could possibly be of any benefit to me.

Sometimes I get confused over peoples desires for legal marriage, as the process of "Marriage" itself is severely flawed. Understanding that nearly 40% of all marriages in the West fail miserably within the first 7 years and end up in the coursts where both parties end up donating their hard-earned $$$ to the legal sharks. Marriage as a legal constitution is more than flawed - it represents a systemic breakdown. If 40% of the prescriptions you filled at a pharmancy failed resulting in people suffering severe health consequences - how would society regard pharmacies?. If 40% of the airplanes flying in the sky crashed killing their passangers - how would society regard air travel? But, at the same time, 40% of all legal marriages in the West fail and still people keep flowing to the altars with all the legal documents signed and stamped as if those documents, in-and-by-themselves, provided some sort of spiritual bonding agent. Just think for a minute about the "Religious Oathe" that bonds western marriages: "To have and to hold until death do us part"...(as long as we have those legal documents that we can shove up each others ass when we get divorced). I have no interest in standing in line with the gays waving a rainbow flag protesting for the right to have the same marriage rights as str8's for this very reason. As far as I'm concerned the str8's can have it.

I imagine when the day comes that I'm old and grey and have one foot in the grave and the other on a banana peel I'll put his name on my Thai bank account and hand him my guitar pick. But until then, I think that our bonding together (in the manner which suited us) will work just fine. I do plan to bring him to the Staes in 2015 on a tourist visa for a whirlwind tour of some of the Hot Spots including a visit to Chicago to meet my friends an family members, but after that it's back to our home in LOS.

As an after-thought, if my bf would have displayed inclinations of wanting to return to live in the U.S. after our marriage I would probably never have never married him. The fact that he was (and is) content remaining in Thailand was far more encouraging.

Nirish guy
August 18th, 2013, 19:43
May I assume that when Ireland gets around to legalizing gay marriage that you will be first in line to settle down with a fine Thai Lad? :love4:

Oh if only I could find such a rare gem in these islands you know I just might consider it and leave behind my butterfly days forever - well until my four trips to Thailand each year still without him as I'm sure he'd understand - wouldn't he ??? Lol

dab69
August 19th, 2013, 01:25
.... well until my four trips to Thailand each year still without him as I'm sure he'd understand - wouldn't he ??? Lol

especially during winter months there.
actually would be interesting to see them weather their first winter in any event,
being accustomed to the Thai heat.

Jesus, four trips each year?
I about crapped when I finally added up the expenses
over the years of 12 trips in the past 16 years.
well over $45,000

Nirish guy
August 19th, 2013, 02:36
Yeah but my next trip I'm ADAMENT that I'm going to cut down my spending and only spend a quarter of what I've spent before - mind you as I've been saying that each time I book my next trip and annoyingly it just never seems to happen - YET, but fingers crossed the boys will let me away a bit lighter next time on the bottles of whiskey then but I'll not hold my breath on that :-( - actually maybe I should take a few tips out of Latin and Christians money saving advice guides and see does that help ! Lol

But actually in all seriousness you are right, each time I come home and round the costs of what a trip has cost me ( I think around 8k Stg or 400,000 baht on my last trip) I DO always say HOW MUCH ! and when I look back and realise I spent most if not all of my money on basically nothing more than hookers and beer I think WHAT THE HELL ! , but then when I remember the fun I had with all those hookers and all that beer I just think "ah FUCK IT I could be dead tomorrow" so yes it was worth every penny - probably !?

joe552
August 19th, 2013, 03:56
┬г8000? ah, how the other half lives :alc:

Nirish guy
August 19th, 2013, 04:05
Don't worry I'm not suggesting I'm particularily happy about that and Mr Visa will just have to wait for his money but do remember that that was also for a 6 week break so when you average it out it's not as high as it first sounds perhaps ....but oh well, sure if I wasn't spending it on that then I'd only be spending it on hookers and beer somewhere no doubt ......oh no wait...... lol

Jellybean
August 19th, 2013, 04:22
Oh my God! NIrish, please tell me that you werenтАЩt being serious when you said you spend 400,000 Baht on each trip. If true, then I hope someone is around to pick ChristianPFC off the floor when he reads of your, how should I put it, err тАж extravagant lifestyle. YouтАЩre not best friends with you-know-who are you?

Now let me see, thatтАЩs nearly four times what dab69 forks out and he travels, on average, only once a year. And your holiday budget would probably last me 6 months.

Hmm тАж your business must be doing well, even in these austere times. Crikey! For one brief moment I felt like I was back on Her MajestyтАЩs service. Sorry, but old habits die hard and I have trouble remembering I no longer work for my former employer. Of course, I am just green with envy! :- )

Nirish guy
August 19th, 2013, 04:42
Well that was the amount this last trip - as a rough rule of thumb no matter where I go or what I do "ball park" I guess I would spend around ┬г100 quid a day (STG) on leisure activities of one type or another, this trip seemed to average out about ┬г150-160 a day or so roughly, which I put down to the exchange rate being down a bit plus my pushing the boat out a little more than usual in certain areas this time, I mean those damned 3somes are fun but cost you twice as much or more than a regular fun session it appears :-).

And don't worry, the old HMRC man in you can sleep well at night as its all duly accounted for - unfortunately ! Lol

Sorry to the OP this has unintentionally way off topic, if anyone wants to carry on this subject better start a new thread - sorry again to the OP.

joe552
August 19th, 2013, 04:44
NIrish, not only would I love to have the money you spend, but more importantly, I'd love to have your attitude. Hope you continue to spend Mr. Visa's money (and his cousin Mr. Amex too) for a long time to come.

these last few posts should probably be split into a new topic - maybe a poll about how much you spend a day in Pattaya?

August 19th, 2013, 09:19
Except in backward cuntries like America you dont need "marriage" to get eqaulity you got it already with civil patneship in England all the law reform in 2008 in Australia.

Khor tose
August 19th, 2013, 11:17
Your British friend and his Burmese bf getting "married" in Vietnam? I wonder if it might not the type of civil partnership that Brad refers to above, which apparently can be arranged through the British Embassy. No reports of any same-sex marriages, foreign or local, being legalized by the Vietnamese government during the 13 years that I have been living in Saigon.

You are correct Bob. Sorry about that. He could not get a visa for his Burmese BF so he went to Vietnam and entered into a civil partnership which is accepted in England, and that allowed him to get the Visa for his BF. This may be wasted here but I love this. There is one place you can get married in the East Asian part of the world.

http://www.gaytingtong.com/viewtopic.php?f=2&t=8701

Jellybean
August 19th, 2013, 23:32
I would like to add my apologies to bobsaigon2 for my part in the slight detour your topic took yesterday. I trust it was of no consequence to you? To make up for it I would like to make an on-topic post.

At no time in the past have I come close to wishing to take part in a civil partnership or a gay marriage. And I canтАЩt see me being interested in getting married to anyone in the foreseeable future.

I think Dodger more than adequately spelt out my feelings on the subject, but I would add that over the years I saw the unpleasant effects on some of my straight colleagues who were going through the very messy process of getting divorced. It was heart breaking to see the emotional distress they were enduring and hearing that they had ended up with virtually nothing after many years of marriage. At those times I thanked my lucky stars that I wasnтАЩt tied into a legal arrangement and was able to simply walk away, without any financial consequences, when my gay relationships ended.

Naturally, I hold the view that gays should not be regarded as second class citizens and be equal before the law. And I fully appreciate that many gay people do want to get married and, of course, as a matter of equality, I agree that the option to get married should be available to gay people. And, if one day I should change my mind, then I think the option to get married should be available to me too.

Thank you Khor tose for providing the link to gaytingtong (not a forum I visit) and the two video clips. I found the reaction to the passing of the Gay Marriage Bill in the New Zealand Parliament very moving. I could not however imagine United Kingdom elected representatives bursting into song at the Palace of Westminster!

And the very emotional speech by Maureen Walsh, in the US Congress, on the subject of the Same Sex Marriage Bill was clearly heart felt and especially heartrending given that she has a lesbian daughter; although slightly cringe worthy when she mentioned that following the death of her husband she missed having sex. I think you would have to have a heart of stone not to be moved emotionally.

But to Khor tose and other members currently in the process of submitting fianc├йe visa applications and planning to get married, I offer my very best wishes for a successful application and a smooth and unencumbered road to the alter.

blazer
August 28th, 2013, 04:36
A good summary of the requirements for a fiancee visa.

Strongly recommend a prenuptial agreement. This is especially important with a fiancee or family visa because of the federal requirement to support the partner for an extended period of time.

Actually if the marriage is dissolved prior to two years he has to go home unless your individual state has an exception. For example, in some states if he can prove that he was a victim of domestic violence then he can stay. This is one reason why they check for arranged marriages where this is common. Having a partner of two years who never says he was abused and then all of a sudden you are an abuser puts the burden of proof on him.. Completely agree about doing a prenuptial agreement as most states have community property laws and if you did not do one, he gets 1/2 of all the assets. Be advised that to be held up by the courts you should do this at least one month before you are married and you should both be represented by lawyers prior to the contract (and that is what it is) being signed. I am trying to find out now if he can have a Thai lawyer here who will work with an American lawyer in the states. if you have an answer to that I would appreciate it.

In an ideal world, you would would have the prenuptial agreement drafted by a US lawyer before you began the fiancee visa process and before marriage. You would give the fiancee a copy to review. After the interview at the US embassy in Bangkok and approval of the fiancee visa, the fiancee would enter the US.

At about the 30 day mark in the US, you would slip $500 into the fiancee's pocket and tell him to get a paid legal consultation. He would choose the lawyer of his own choice, without your help, preferable one who speaks and writes the Thai language.

Do not pressure him to sign a prenuptial agreement. However, if he does not sign, do not get married, get him a plane ticket, and send him back before the 90 days are up.

Marriage gives you certain legal rights depending upon the state, and some assets can immediately be divided and maintenance can be awarded.

Under federal law, you are required to provide maintenance under a fiancee visa for at least 10 years.

Many of these problem situations can be mitigated or completely eliminated by a proper prenuptial agreement.

Khor tose
August 28th, 2013, 09:18
I completely agree about getting a prenup. One, your American lawyer may be able to work with a Thai lawyer who will represent your boyfriend. I am checking this out now. Two, to be fully accepted by the courts in my state they prefer the prenup was done at least one month before the marriage to your partner. Less is exactly what you describe, sign or leave and that constitutes undo pressure. So the need for the prenup is best months before the wedding.

bobsaigon2
August 28th, 2013, 09:45
From the US sponsor's point of view, I can see the wisdom of having a pre-nup. However, I wonder how the Thai bf will react.
Will he see it as just another paper that has to be signed in order for him to get to the US, or will he interpret it as a sign that the American bf does not fully trust him?

Khor tose
August 28th, 2013, 15:07
From the US sponsor's point of view, I can see the wisdom of having a pre-nup. However, I wonder how the Thai bf will react.
Will he see it as just another paper that has to be signed in order for him to get to the US, or will he interpret it as a sign that the American bf does not fully trust him?

Depends on the boy and the relationship in all cases. In mine I have discussed this with him way in advance and he understands the need for it. Here he is too old for most Farangs, in the USA he will be much in demand. I am realistic and realize that he may meet someone he wants to be with more then me. Would I try and hold him if he loved another more then me. Absolutely not, as I do care for him and want him to be happy. However, I would not want to lose 1/2 of everything I have at my age. Trust is not really the issue, the issue is what are the best options for both of us. Another factor is that if I should die I have a will that presently leaves everything to him---providing he does not kill me. :happy7: