Legal Question in Immigration Law in California
I have a fiance up in Thailand, and trying to bring her here to the U.S. so that we can marry. I did all of the applications and all got approved. When my Fiance went for her interview she then got denied because I did not make enough money. Now if I go up to Thailand and marry her there what would then be the steps needed to bring her down.
2 Answers from Attorneys
If you go to Thailand and marry your fiancee, you will have to start a new immigration process: apply for her spousal or immigrant visa.
For an immigrant visa, you will need to show that you make above 125% federal poverty guideline, OR have other sufficient assets, OR have a co-sponsor who agrees to sign a legally binding obligation of support on behalf of your wife.
For a Fiancee visa, you have to show only above 100% of federal poverty guidelines. A co-sponsor can be used as well.
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If you go to Thailand to marry your fiance, then you would have to file an I-130 petition for her in the US, and wait for it to get approved, and then wait for her to have her interview at the consulate in Thailand. You would need to show that you earn a minimum of 125% above the set poverty guidelines given the number of people you support and are sponsoring. If you do a fiance visa, you need only show 100% above the set poverty guidelines. In either case, you may have a co-sponsor to sign an affidavit of support if you can't meet the guidelines. I'd be happy to further discuss with you the immigration process at 415-387-1364 or you may email at [email protected].
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