Rovineye

Here is the deal:

I am the US citizen. My GF of about 4 years and I are considering
getting married in about a year. She does NOT intend on immigrating to
US. In about 7 years I will join her in Thailand. This raises a few
questions that I have not seen covered anywhere. She does not have any
type visa for US right now.


If we marry in US (likely, so family can attend), she will have to
enter on a K-1. No problem there. We marry within the 90 days. Now
what? Just not file for AOS? And what about her next trip to visit me?
On a tourist VISA?

We may also marry in Thailand for her family. Don't think this would
change anything. But what if we marry in Thailand first? Anything need
to be done for it to be recognized by US? I would not want to go the
route of getting married over there and ignoring that fact when
dealing with a tourist visa for her.

Is this understood? Any advice?
Thanks....

rovineyeatcoxdotnet

Calderon

What do you two want to do?
Getting married and live apart?
Getting married and live together in the US?
Getting married and live together in Thailand?
Wedding ceremony doesn't make any difference if you don't want to deal with
the US INS. It doesn't make anything better if you marry in Thailand and
live there.
What is the objective here?

"Rovineye" wrote in message
news:[email protected]...
    > Here is the deal:
    > I am the US citizen. My GF of about 4 years and I are considering
    > getting married in about a year. She does NOT intend on immigrating to
    > US. In about 7 years I will join her in Thailand. This raises a few
    > questions that I have not seen covered anywhere. She does not have any
    > type visa for US right now.
    > If we marry in US (likely, so family can attend), she will have to
    > enter on a K-1. No problem there. We marry within the 90 days. Now
    > what? Just not file for AOS? And what about her next trip to visit me?
    > On a tourist VISA?
    > We may also marry in Thailand for her family. Don't think this would
    > change anything. But what if we marry in Thailand first? Anything need
    > to be done for it to be recognized by US? I would not want to go the
    > route of getting married over there and ignoring that fact when
    > dealing with a tourist visa for her.
    > Is this understood? Any advice?
    > Thanks....
    > rovineyeatcoxdotnet

thing1

You don't need a K-1 if you marry and she intends to turn around and go back to her own country.

I don't think I am completely clear on what you are intending AFTER the marriage. Is she planning on staying for a few years? Are you saying that she simply will not apply for a citizenship?

If you marry on a K-1, the appropriate thing to do after would be to file for an AOS if she is intending to stay for a period of time after the wedding. Not filing and her staying in the US could put you in some hot water with the BCIS, I would think. Filing the AOS gives her conditional permanent residency status. She never has to become a US citizen if she chooses not to. She simply wouldn't file for naturalization. Then later the two of you could go back to her home country whenever you sorted out the paperwork for you going that direction.

Of course I could be completely wrong and someone more qualified might tell you something different.

ScarlettHill

Your biggest concern here - if I understand you correctly and you really intend to marry and then live apart for so many years - is getting anyone official to believe you. Your actual intentions are your own business, as are your reasons for your choices. However I have grave doubts as to whether an INS official would believe there was no US immigrant intent on the part of your fiancee were you to marry in Thailand and then she were to attempt to visit you in the US, or whether she were to come over to marry you with the intention of her returning to her home country. Even if you were successful in obtaining a K1 (which, as has been pointed out elsewhere in this thread, is only for people who intend to marry in the US and then adjust status), she came, you married, she returned without adjusting status, the problem would come if she attempted to visit you again. Just about any POE official, I'd venture to guess, would turn her back to Thailand suspecting unauthorised immigrant intent - a K1 is only good for one entry.

If what I understand by your post really is your intention I'm sorry to say you are likely to have a hard time for a long time - in fact every time she wants to visit you. This is just an opinion. I'm sure others will give you theirs.

Meanwhile, it might help if you post a little more detail and clarify your intentions.

All the best.

Regards
-=-
Scarlett

Rovineye

When she comes here to marry she would stay a month or so and then go
back home.

From others experience, I have been told that if the Embassy knows
you intend to marry, they will not give you a tourist visa.

What I really want to know is if she comes here on a K-1, we marry
and a month later she goes back home, will she she be able to obtain a
tourist visa and re-enter 6 months later for a vist.

On Fri, 14 Mar 2003 02:01:38 +0000, thing1
wrote:

    >You don't need a K-1 if you marry and she intends to turn around and go
    >back to her own country.
    >I don't think I am completely clear on what you are intending AFTER the
    >marriage. Is she planning on staying for a few years? Are you saying
    >that she simply will not apply for a citizenship?
    >If you marry on a K-1, the appropriate thing to do after would be to
    >file for an AOS if she is intending to stay for a period of time after
    >the wedding. Not filing and her staying in the US could put you in some
    >hot water with the BCIS, I would think. Filing the AOS gives her
    >conditional permanent residency status. She never has to become a US
    >citizen if she chooses not to. She simply wouldn't file for
    >naturalization. Then later the two of you could go back to her home
    >country whenever you sorted out the paperwork for you going that
    >direction.
    >Of course I could be completely wrong and someone more qualified might
    >tell you something different.

rovineyeatcoxdotnet

Rovineye

On Fri, 14 Mar 2003 01:37:42 GMT, "Calderon"
wrote:

    >What do you two want to do?
    >Getting married and live apart?
    >Getting married and live together in the US?
    >Getting married and live together in Thailand?
    >Wedding ceremony doesn't make any difference if you don't want to deal with
    >the US INS. It doesn't make anything better if you marry in Thailand and
    >live there.
    >What is the objective here?

When she comes here to marry she would be here for about a month and
then go home. We would be living apart for the next 7 years. During
that time I would be visiting her 2 months a year and her visiting me
3 months a year.

rovineyeatcoxdotnet

Steve

I've got news for you. First, you are totally correct. And (as with
me) if you are already married, and waiting for immigrant interview,
they SURELY won't give even your wife a visa to come and visit you while
you are waiting! Seems it is easier to get a tourist visa without
knowing anyone in the US, than if you do know someone.

Personally, I think that they are misinterpreting the law as Congress
intended it. You shouldn't give a tourist visa to someone who you
suspect has strong motives to come here and stay ILLEGALLY. Why would
someone, who has gone to all the trouble to file for an immigrant visa
be stupid enough to spoil the whole process?? Go figure.


    >
    > From others experience, I have been told that if the Embassy knows
    > you intend to marry, they will not give you a tourist visa.
    >

Calderon

In this case, I would think that you should get married in Thailand and file
a petition there through the US Embassy. I'm not saying the right way here.
However, that's how they say on their official website. It's very wise to do
because she doesn't really care about the time it takes to get her here in
the US. So, she would be automatically a legal alient in the US when
everything is approved and done. Then she can come and go as she wants.

"Rovineye" wrote in message
news:[email protected]...
    > On Fri, 14 Mar 2003 01:37:42 GMT, "Calderon"
    > wrote:
    > >What do you two want to do?
    > >Getting married and live apart?
    > >Getting married and live together in the US?
    > >Getting married and live together in Thailand?
    > >Wedding ceremony doesn't make any difference if you don't want to deal
with
    > >the US INS. It doesn't make anything better if you marry in Thailand and
    > >live there.
    > >What is the objective here?
    > When she comes here to marry she would be here for about a month and
    > then go home. We would be living apart for the next 7 years. During
    > that time I would be visiting her 2 months a year and her visiting me
    > 3 months a year.
    > rovineyeatcoxdotnet

Rovineye

On Fri, 14 Mar 2003 03:09:56 +0000, ScarlettHill
wrote:

    >Your biggest concern here - if I understand you correctly and you really
    >intend to marry and then live apart for so many years - is getting
    >anyone official to believe you.
You understand correctly.

    >. However I have grave
    >doubts as to whether an INS official would believe there was no US
    >immigrant intent on the part of your fiancee were you to marry in
    >Thailand and then she were to attempt to visit you in the US, or whether
    >she were to come over to marry you with the intention of her returning
    >to her home country.

That is the crux of it. SHe has abusiness and children in Thailand
but I know the intent to marry or us being already married will
comlicate all future visa requests.
    >Even if you were successful in obtaining a K1
    >(which, as has been pointed out elsewhere in this thread, is only for
    >people who intend to marry in the US and then adjust status), she came,
    >you married, she returned without adjusting status, the problem would
    >come if she attempted to visit you again. Just about any POE official,
    >I'd venture to guess, would turn her back to Thailand suspecting
    >unauthorised immigrant intent - a K1 is only good for one entry.
I am sure we could get the K1, but if she doesn't stay and file for
AOS how will that effect her request for a tourist visa.
    >If what I understand by your post really is your intention I'm sorry to
    >say you are likely to have a hard time for a long time - in fact every
    >time she wants to visit you.

That is my fear here. Her being able to visit me will more than double
the amount of time we can spend together


rovineyeatcoxdotnet

Steve

    >I am sure we could get the K1, but if she doesn't stay and file for
>AOS how will that effect her request for a tourist visa.

But the point you are missing is this ... say you get the K1 and she
comes here and you get married and then she just leaves. When she tries
to come back, she will be no different than if you just got married
there in Thailand, in fact, worse in terms of her being able to get a
tourist visa.

Your scenario is so strange and rare to begin with that I don't believe
there is any visa that is prepared to cope with it. Why get married,
the odds of it lasting in this situation is 'slim to none' anyway.

ScarlettHill

I suspect it would make it pretty near impossible because they would be highly likely to assume immigrant intent since she is your wife.

Further, you should know that even if she receives a tourist visa in these unlikely circumstances, the port of entry official has full authority to disagree with the embassy's decision and still turn her round and send her home on arrival, whether she has a tourist visa or not. And that's a highly likely scenario I'm afraid.

I tend to agree with an earlier poster who suggested you get her here on a K1, file adjustment of status, wait till it's granted, and then she will be reasonably free to come and go. It will mean some inconvenience to your plans in the short term but nothing like as much inconvenience as any of the alternatives are likely to cause.

Best of luck. Keep us posted with your progress.

Regards
-=-
Scarlett

MrsLondon

This happened to me (sort of). My hubby and I were living apart for about 18 months, and when I came to visit him in the US, I stupidly said I was visiting my husband. They sent me to secondary immigration and quizzed me, trying toadmit I had come to work. I told them I lived in the UK, and had a job there, and that if I wanted to live in the US I'd apply for a visa (though at that time I thought getting a was was pretty simple as I only had my hubby's experiences with UK immigration to go by). I told them hubby was meeting me, and they paged him, he backed me up, and I was let in. Next time of course, I just said I was visiting 'relatives. Not a lie really.
If I were you, I'd wait to get married until you move to be with her. Either that, or get her to just say she's visiting a friend.

trasmus

[QUOTE]Originally posted by ScarlettHill

<I tend to agree with an earlier poster who suggested you get her here on a K1, file adjustment of status, wait till it's granted, and then she will be reasonably free to come and go. It will mean some inconvenience to your plans in the short term but nothing like as much inconvenience as any of the alternatives are likely to cause.>

Hi,
I was reading this thread and I wonder, once he files for the AOS and she get's the conditional green card, what would happen 90 days prior to the expiration date when they need to file to have the conditions removed? It would be VERY difficult to prove themselves to be a real married couple I'd think, if she is living in once place and he's living in another for 7 years, unless of course they find someway to gather evidence on each of her visits over. But since she doesn't want to immigrate here, would'nt she just fall out of status? How would that work?

T.R.

Andy Platt

"Rovineye" wrote ...

    > I am the US citizen. My GF of about 4 years and I are considering
    > getting married in about a year. She does NOT intend on immigrating to
    > US. In about 7 years I will join her in Thailand. This raises a few
    > questions that I have not seen covered anywhere. She does not have any
    > type visa for US right now.
    > If we marry in US (likely, so family can attend), she will have to
    > enter on a K-1. No problem there. We marry within the 90 days. Now
    > what? Just not file for AOS? And what about her next trip to visit me?
    > On a tourist VISA?

I'm afraid this just isn't going to be workable If she was from a visa
waiver country I think this could work out but a girl from Thailand, no way.
She just isn't going to get a tourist visa. It sounds like you both have
some hard thinking to do.

Andy.

--
I'm not really here - it's just your warped imagination.

Just Jenney

The one question I have for you is:

If you plan on living in two different countries and being separated for 7 YEARS, why get married in the first place??

~ Jenney