US Fianc├йe Visa for Thai BF

[bobsaigon2]

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
--------------------------------------------------------------------------------------------------------------
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.

--------------------------------------------------------------------------------------

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.

Similar Threads:

• Visitors visa to the UK for Thai ?
• travel visa to the USA for Thai
• No Fee for Thai Tourist Visa
• Australian Visa for Thai b/f
• Thai Tourist Visa.

[Brad the Impala]

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]

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.

Thank you bobsaigon2 for the post. Being a Californian this is good information to have.

[Khor tose]

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]

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]

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...s-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]

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]

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]

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.