Legal Question in Immigration Law in Ohio
U.S. citizen to marry a Thai citizen
I am an American citizen that plans to marry a Thai citizen. At first we planned to file form I-129F and marry in the USA but now her mother wants our marriage to occur in Thailand. I read that this is not considered a valid marriage in the USA and I don�t know what to do. I do not want to create additional delays in our marriage and her arrival to the USA. Will a marriage in Thailand be wise or is it better to marry in the USA? I worry that if I marry in Thailand it will create a delay for her to live in the USA with me as well as other issues like adding her to my health insurance and will. Please advise.
2 Answers from Attorneys
Re: U.S. citizen to marry a Thai citizen
You have 3 choices for immigration by marriage. The first choice is to marry her in Thailand. If you do that, you may file the petition sponsoring her for permanent residency at the U.S. consulate in Bangkok. It will then take about 8 to 10 months before she arrives in the U.S.
The second choice is to bring her to the U.S. on a fiance visa and then marry her. This is probably the worst choice. You would need to file a fiance visa application for her and then wait 6 months for a decision. Then she must consular process for an additional 2 to 4 months since she must do a medical exam and provide other documentation. After you marry her in the U.S., she would now need to file another set of applications with the U.S. Immigration Office to adjust status to U.S. permanent residency and wait another one year.
The third choice is for her to come to the U.S. on a visitor's visa without the intent to marry you. Then after she arrives in the U.S., she changes her mind and decides to marry you in the U.S. After she marries you in the U.S., she can immediately file to adjust her status in the U.S. and she can obtain an employment permit (including social security number) and travel document. She would then be approved for permanent residency about one year later (without the wait in Thailand). During this year, she and you can visit Thailand (using her travel document) and have a formal religious or family wedding there. The third choice is the best if she can obtain a visitor's visa to the U.S. However, she must not tell immigration officers that she is planning to marry you.
Harold L. Hom
www.homlaw.net
Re: U.S. citizen to marry a Thai citizen
Why do you think it's not a valid marriage if you marry in Thailand? I think if it's a Thailand government recognized marriage, it should be recognized by US government.
Whether you marry her in Thailand or in US, the time taken for her to come to US is about the same. Fiancee visa add extra paperwork once she is here.
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