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Jazzers

Visa Recommendations for 1-2 Year Stay

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I'm currently a college student in the US and spent the majority of the past year (May19-Jan20) in Thailand on an ED visa for language study. My only previous entry into the country wasn't on a visa but a 30 day entry stamp. After returning to the US, my Thai fiance informed me that she was pregnant (I know what you're thinking, but trust me everything is legitimate). When I found out, my first idea was to bring her to the US on a K1 visa and then apply for adjustment of status to get her a green card, but this has a financial requirement via the I-130 that doesn't allow for joint sponsorship and since I'm a full-time college student I don't meet the income requirement to sponsor her.

 

I've now decided that the best course of action would be to move to Thailand again and finish my schooling online since (thankfully) my family is still willing to help me out financially. I'm now trying to figure out the best way to go back to Thailand and stay for a period of 1-2 years until we marry and obtain the documentation via the CR1 (this document allows for joint financial sponsorship) so we (my fiance, baby and myself) can all go back to the US together.

 

From the research I've done so far, I see this as my best option:

Attempt to get another ED visa for 6 months by either getting an internship in Thailand through a company called AIP OR finish the remainder of my language courses which is also valid for a period of 6 months. My only concerns with this would be my eligibility to open a bank account with this visa and whether or not I'm able to apply for the Marriage based visa extension (I'm aware of the 400k baht in bank account requirement) just before this visa expires.

 

If you guys have any recommendations or suggestions about different visa types please let me know. I just want to be with my fiance and child until I can bring them here to the US.

Cheers

 

 

Edited by Jazzers

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You are having a baby with her and plan to marry in the future?

Just marry now and get the visa / extension for being married to a Thai

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You can open a bank account with about any type of visa entry. People have opened them with tourist visas. You could certainly open one with a non-ed visa or an extension of stay based upon attending a school.

Why are you going to wait a couple of years before you get married?

I am not that up to date on applying for residency in the US but the first step will still be submitting a I-130 to do the CR-1 application.

To do the I-130 here requires you to be living here and the best way to do that is to be on an extension of stay.

After getting married you could possibly get a multiple entry non-o visa based upon marriage to a Thai at the consulate in Savannakhet, Laos with no financial proof.

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21 minutes ago, ubonjoe said:

You can open a bank account with about any type of visa entry. People have opened them with tourist visas. You could certainly open one with a non-ed visa or an extension of stay based upon attending a school.

Why are you going to wait a couple of years before you get married?

I am not that up to date on applying for residency in the US but the first step will still be submitting a I-130 to do the CR-1 application.

To do the I-130 here requires you to be living here and the best way to do that is to be on an extension of stay.

After getting married you could possibly get a multiple entry non-o visa based upon marriage to a Thai at the consulate in Savannakhet, Laos with no financial proof.

Sorry if I was unclear: It is my intention to go to Thailand and get married to her ASAP. I am just wondering which visa I could go to Thailand on that would allow me to get a marriage based extension without me having to leave the country and go to the US again for any period of time.

 

I think you're right about the I-130 I was mistaken. I'm not sure what you mean by "doing the I-130 [in Thailand]". I thought the I-130 application required proof of income and residency only within the United States, but I could be mistaken again

 

EDIT: Sorry this whole time I meant to say I-134 NOT I-130.... I guess that's what 2 weeks of sleepless nights and research do to you

Edited by Jazzers

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21 minutes ago, Jazzers said:

Sorry if I was unclear: It is my intention to go to Thailand and get married to her ASAP. I am just wondering which visa I could go to Thailand on that would allow me to get a marriage based extension without me having to leave the country and go to the US again for any period of time.

After getting married you can get a single entry non-o visa that would be needed to apply for an extension at a  nearby embassies or consulates. With the require financial proof it can even be applied for at a immigration office.

 

21 minutes ago, Jazzers said:

I think you're right about the I-130 I was mistaken. I'm not sure what you mean by "doing the I-130 [in Thailand]". I thought the I-130 application required proof of income and residency only within the United States, but I could be mistaken again

It can be done while here.

No need to provide financial proof for I-130.

See: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html

For help with the residency application ask on the Visas and migration to other countries forum.

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Get a tourist visa, bring a official document that states you aren't married yet. Get married, go to Savannakhet in Laos with your wife, there you can get a visa based on your marriage. Is valid for a year but you need to leave the country every 90 days to a neighboring country. Do another run just before the visa expired, this will give you 12 + 3 months, after that you go to immigration in Thailand and ask for a 60 day extension based on marriage. So in total you have 17 months, your first tourist visa not included. 

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