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  1. #51
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    1-131 Travel Form applies for Domestic travel only?

  2. #52
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    JP, just ran across this thread and glad to see all is well over in the US. I have to give you a lot of credit for going through this process with so much paperwork. Personally, I hate the BS that one has to go through to get anything done in the States, but understand some, but not all, of the reasoning.

    The best of luck to you buddy and stay in touch.

  3. #53
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    Quote Originally Posted by rickschoppers View Post
    JP, just ran across this thread and glad to see all is well over in the US. I have to give you a lot of credit for going through this process with so much paperwork. Personally, I hate the BS that one has to go through to get anything done in the States, but understand some, but not all, of the reasoning.

    The best of luck to you buddy and stay in touch.
    Hey RC,
    Good to hear from you. Yeah you know the deal here. Lots of hoops to jump through. In an odd way I am enjoying learning the process. Its really not to difficult at all but time consuming. The internet makes the world a much smaller place and information more readily available. The best advice I can offer anyone is stay away from attorney's. Man do they like to get you wound up and afraid of it. This is how they survive. FEAR.

    We mail her app packet Saturday. More to come...........

  4. #54
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    The crucial issue to be considered by the INS is whether or not fraud was perpetrated in obtaining the visit visa facilitating her entry into the US which now transpires to be for settlement.

    I do recall you saying your partner brought her original educational certificates with her when you both travelled. Have you adduced these in support of the appplication? If so, I'm afraid you may have shot yourselves in the foot. From the INS perspective, no genuine visitor to the US arriving on a visit visa after claiming earlier to the Consulate that only a short trip was intended would carry educational certificates which de facto signal quite a different intention entirely.

    Frankly, the mere fact that you have submitted a settlement application is by itself a clear indication to the INS that a visit was not the true intention when the visa application was submitted. Settlement in their view is regarded as a serious issue and not one, on the balance of probability, embarked upon lightly and requires much forethought and planning. The visa officer in Bangkok will be kicking himself that he was hoodwinked so easily and doubtless will actively seek to impede the GC application.

    Whether you like it or not, you are the sort of folk who make it so difficult for the rest of the bona fide visitors anxious to obtain their visas.

    Nevetheless, chok di kap.

  5. #55
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    ^Totally disagree. The Vice-Consul who granted the visa processes hundreds of applications a week. He will have never given them another thought once they walked away from his window. He must also have been quite impressed by them, as he granted a ten-year visa - these are not issued often. Also, once the visa is issued, it's out of the hands of the Embassy, and in the hands of INS; the consular officer couldn't track it from the Embassy if he wanted to.

    As far as having a negative impact on future applicants - rubbish. She applied for a visa, it was granted. Next case.

    As far as the legality of her subsequent actions, everything she is doing is in accordance with US immigration law. Thousands of people apply annually for changes in their visa status - that's why the system JP is currently working is in place.

    As for intent: Her application will either be approved or denied - based on the paperwork submitted and personal interviews. If denied, she goes home; if approved, she stays. All legal and above board. I will be very, very surprised if she is not approved.

  6. #56
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    Quote Originally Posted by Davis Knowlton
    He must also have been quite impressed by them, as he granted a ten-year visa -
    Actually Davis, the ten year visa is almost "automatic," here at the US Embassy. Normal or SOP as they say.

    I have to admit that The Gents got a point or two. Worth thinking about, Na?

  7. #57
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    ^It appears you are correct, and times have changed since I last dealt with visas to the US. Now, if an applicant successfully completes the process, it does appear that they are granted ten-year visas. However, first time visitors may not qualify, and will only be granted a ten-year visa after applying a second time after completing their first trip without incident.

  8. #58
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    Quote Originally Posted by Davis Knowlton
    However, first time visitors may not qualify
    To my knowledge this was his G/F's "first time to visit the USA." I have friends who have gone through the same visa process at the Embassy in Bangkok and its standard operating procedure. One was having some difficulty, but he knew one of the Embassy staff and arranged an interview with him not one of the locals. 30 minutes later a ten year visa and off to Navarna. They stayed 6 months and returned to Bangkok. Now they're back in the USA on a permanent basis. Lost touch so don't know if she applied for resident status.

    I recall JP's earlier post regarding his G/F's status and what his and her expectations were. Discussions were as the Gent portrayed in his post as I recall. I don't think JP will encounter any difficulty at INS as its my belief that we give them far more credit for intelligence than is due. Most government pogues are simply looking to see if all the paperwork is there, all the necessary boxes are checked, and is there substantial monetary support for the applicant.

    That said, "Shit Happens."

    Stay dry Davis.

  9. #59
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    I think in the end the thread I started here is not really to debate the system. It is to assist others that might go down this path. Every case is extremely different as I am finding and mine is no different. Some people (suprisingly) even scanned their forms after being filled out to assist others and left a lot of personal info in them. They were helpful but something I would never do.

    We are following all the stated requirements to acquire a greencard. We did our due diligence in Thailand and she received her 10 year Visa. This is her first visit. Prior to her submitting her app for the US Visa I read hundreds of threads where well over 80% were denied. In fact some were denied and it was their wife whom they had married in Thailand. One thing to keep in mind is I have no idea how those individuals prepared their documents, did she interview poorly, did they lie, did their information contradict what they said? Who knows. I have witnessed at least half a dozen get booted while I was acquiring documents for myself over the years. I personally feel a lot of them are subjective and the interviewer saw something questionable and that was that.

    As for here, she applied for a B1/B2 Visa in Thailand. she was given one. We came here and she likes it and wants to stay with me. Nothing wrong with a person changing their minds. We are taking the legitimate USCIS path to get her legally here. Not an under the table, pay no taxes, drain on the system. I guess I could do like the hundred of thousands do annually here and just let her be an illegal and wait for amnesty. As DK stated hundreds of people everyday probably apply for status change for various reasons. The fact that theGent makes a crack that I make other "Bona Fide" Visa applicants anxious is utter nonsense. What is a "Bona Fide" Visa applicant doing that I am not? I cant tell you how many are here under false pretenses of marriage. They enter under K1, lie, then marry here. Wait 3 years then divorce. The guy got paid and he is on his way. I read up on those.

  10. #60
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    Quote Originally Posted by ltnt
    1-131 Travel Form applies for Domestic travel only?
    Sorry I missed this, No it is for anywhere outside the US. We submitted this form with an expected travel date back to TL around April 2013. It does not mean it will be accepted, that individual request could be denied. It is best to file this form and I-765 at the same time you file the I-485 as they are all reviewed. If you submit all at once the fees for the 131 and 765 are not applied.

  11. #61
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    ^O.K. I got it. So one can file a form to receive an "exception," to the rule about the mandatory 2 year stay before being allowed out of the country? I wonder why the 2 year regulation in the first place? I suppose a faker would file, receive their green card status and then F.O. back to where ever with his new status. So what? He can come and go as he wishes after the green card issue, right? Its like a catch 22. Makes no sense at all.

  12. #62
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    ^ I know, I laughed about it too. She only asked for one exception for her to visit family early next year being she will have been here for 1 year. Doubt I will go.

    But I think you are right. They want to stop the scam that people attempt by applying then bail back home and wait for approval. Then get set up and apply to bring their entire family over. But reading many comments very few get the I-131 form approved. It is really designed for emergency purposes.

  13. #63
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    Great thread JPPR, great of you to share this info to any other Americans who want to follow suit. You are right though, with everyone is different and no doubt these cases are dealt with by civil servants who have deadlines and also can decide the fate of a couple dependant on their mood or if they got the legover the previous night

    I have a few questions for ya, tell me to fuck off if you like. I know youre an honest and decent guy, but you dont show all your cards with this girl.

    Do you love her ?

    Would it make your application easier if you were wed in Thailand already and had it registered with the uS Embassy ??

    Are you thinking of marriage ?

  14. #64
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    Update,



    Her application packet has been mailed 9/20/2012. Feels good to have it all done(whether it is accurate or not is yet to be determined). I sent it certified registered mail. I also paid by check which they will turn into an EFT draft which I will have record of in my acct. I felt it better by personal check. As best as I can understand once I have confirmation of receipt by the USCIS that her Visitor Visa return clock stops until a determination is made. Based on the process, the next step the INS will schedule a biometric appointment to take hand and fingerprints to enter her into the system. Its interesting being she had this done at the US consulate in Thailand to acquire her Visitor Visa

    More to come. Let's see how long this takes......

  15. #65
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    Quote Originally Posted by Dillinger
    Great thread JPPR, great of you to share this info to any other Americans who want to follow suit. You are right though, with everyone is different and no doubt these cases are dealt with by civil servants who have deadlines and also can decide the fate of a couple dependant on their mood or if they got the legover the previous night
    ^ Firstly it is my pleasure to help others. I agree that this will be handled by a civil servant that could be having a bad day or a good day. That list of variables is a huge unknown. And just because you get past that one who knows what the next might be like.

    Quote Originally Posted by Dillinger
    I have a few questions for ya, tell me to fuck off if you like. I know youre an honest and decent guy, but you dont show all your cards with this girl.
    ^ I would never tell someone to FO because they asked me a question like that. I have had others ask me here. My Mom(76) has asked me frequently being my GF and her get along incredibly well and do lots of things together. She says she is such a wonderful person.

    Quote Originally Posted by Dillinger
    Do you love her ?
    ^ I am not really sure what the definition of love is. I think the more realistic question is "Do I care for her?". The answer in that case is "Yes". She is a cool gal with absolutely zero baggage or drama. No games, no kids from other marriages, educated, never married, I have never had to give money to any of her family members and she has said that her house in Lampang is my house. I was not expecting to meet a gal nor was I looking when I moved to TL. Maybe that's why it happened, who knows.

    Quote Originally Posted by Dillinger
    Would it make your application easier if you were wed in Thailand already and had it registered with the uS Embassy ??
    That's an interesting question. I will answer with, I am not sure. From my understanding if you married in TL and then move back to the US the process is the same. You are applying for a Greencard as I did with the additional cert that you were married in TL. On the otherside you could apply to marry here with a K1 however many K1 Visa's are rejected and they cannot marry in the US as they had hoped. Again at the US Consulate you are at the mercy of the interviewers perception of the intent. I read of many that it did not fly. I have my personal opinions on that but will leave them out for sake of discussion. Others have tried the "Baby" angle and that has been rejected a lot to.

    Quote Originally Posted by Dillinger
    Are you thinking of marriage ?
    Hmmmmm I do not know. I have said I did not want to marry again. Been there and done that. However it is not out of the realm of possibility. I need to start thinking a bit more long term and realize, that while dating women has moments of fun, it does have diminishing returns. When you find a nice gal who is mature, is looking to share a life with someone, is self sufficient, why continue to look? She is not pressuring me and I am not in a hurry.

  16. #66
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    ^
    JP, if you do go down that road to marriage and then try to obtain a visa for your wife's stay, let me know. It would be a great thread for others, including myself, to hear the step by step process from someone who does not use an attorney and has above average writing skills.

    P.S. I am not trying to push you into anything you are not ready for.

  17. #67
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    ^
    Will do RC. For now I am in a holding pattern while we wait for the application package to arrive in Chicago. Was not quite sure why it had to go to Chicago but they have very specific locations for the forms you are filling out to be sent to.

    And you are not "pushing" me into anything. The marriage chat has happened but only as others brought it up. But I guarantee that if we change and head that way that I will post it on here and have to take back every post where I stated "I will never marry again" and there were quite a few of them......

  18. #68
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    You never know, bro. I was married at 32; lasted nine years - couldn't have been much worse. I said "Never again". Got married again at 50; couldn't be much better. You just never know. I suspect you, like me, just kind of go with the flow.

  19. #69
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    Quote Originally Posted by Davis Knowlton
    I suspect you, like me, just kind of go with the flow.
    Indeed......

  20. #70
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    But aren't you concerned about the consequences of her application being refused? It may lead to the cancellation of her current visa and the prospect following her return to Thailand that she will not qualify for another?

  21. #71
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    Quote Originally Posted by thegent View Post
    But aren't you concerned about the consequences of her application being refused? It may lead to the cancellation of her current visa and the prospect following her return to Thailand that she will not qualify for another?
    We are not overly concerned but it is on our minds. But as I said it is not the end of the earth. Of course we have an option to appeal the decisions made as well.

  22. #72
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    Application package receipt

    Update.

    Her I-485 Status change to Green card application package was received today(Wed) in Chicago at 1:42pm.

    ~ 3 days from California to Chicago.

  23. #73
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    9/28/2012

    USCIS has cashed the checks for the 2 forms submitted, 1-485 and I-765.

    So officially her Visa clock has stopped until their determination has concluded.

    More as it becomes available

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    So, JP what was the reason she wants to become a US Naturalized Citizen? Of course we know that she will now carry two passports and two citizenship's? I am envious of those who have that option. I know some people who actually have three passports from different nations including the USA.

    Pointing this out as the USA does not really do a effective background check on its own citizens let aloe on those seeking citizenship. I don't think you're going to have any problems whatsoever unless in the interview process you take a "Stupid Pill."

  25. #75
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    Quote Originally Posted by ltnt
    So, JP what was the reason she wants to become a US Naturalized Citizen?
    That's a good question. I think there are quite a few reasons. 1) We want to stay together and with me landing the job after our arrival, it makes better sense to live and stay here for the near term. 2) Its a great opportunity for her to advance herself. 3) Having a US Passport will make our lives WAY easier to travel which is what we want to do. 4) If she chooses to seek employment here she can become gainfully employed where as in TL this is a daunting challenge unless she wants to be self employed and work 12hrs a day 7 days a week with no benefits. Its an odd situation, after 30ish in TL you are not a desirable employee. I read so many hiring websites and they discriminate openly. Here you can land employment at any age and oddly enough 30 to 50 is peak hiring age. Here she just has better opportunities.

    Another benefit in having a US Passport we can bounce back and forth making that a simple open process. We only need a home base in TL which she owns. I am not going to get wrapped up in Thai home ownership BS nor do I care if I have anything with my name on it there. I also made it very clear that I do not want to own a property here in the US due to the long term liabilities; mortgage, property taxes, home owners insurance and property maintenance. It is far better to rent here when we visit or stay.

    I, like you, wish we could do that in TL. I would like to have a Thai Passport and stop this nonsense BS check in. If they had a process to do it I would embark upon it as she has done here but it simply does not exist. So staying here is also easier.

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