Forum	Title	Content	Member	Sex	Country	Date/Time
IR-1 / CR-1 Spouse Visa Process & Procedures	When I filed for my husband visa we were shy a few mo. of being married 2 yrs.	QUOTE (Muhammad n Maryam @ May 23 2009, 08:12 AM) <{POST_SNAPBACK}> Good Morning everyone ! Maybe my question is silly, but I was told I have a IR1. Which in my understanding is for people that has been married 2 yrs or more. Our anniversary date is 1-23-07 , when I filed for his visa we were shy of being married by 2 months. And when I left Pakistain we had been married for a year & 5 months. Does the IR-1 still apply to us ? Thanks for you guy's help !! The visa is not as important as the date permanent residency is granted. If the GC is issued after the second wedding anniversary (which yours will be) then it will be a 10-yr GC. If it is issued prior to the second wedding anniversary, then the individual is granted conditional permanent residency and receives a 2-yr GC and must remove conditions on the permanent residency.	rin and john	Male	Thailand	2009-05-23 11:12:00
IR-1 / CR-1 Spouse Visa Process & Procedures	EAD - How does it look....what is it? Did we get it?	QUOTE (MumtazG38 @ Dec 6 2009, 02:05 PM) <{POST_SNAPBACK}> I was just trying to update my timeline when I got to the POE section and realized I hadn't remembered whether we had gotten our EAD or not. Actually, I'm not sure I even know what that is....the guy at the POE did take my husbands passport but I don't think I looked to see if there was anything new on it afterwards like a stamp, stiker or card. Can anyone tell me what am I looking for on my husbands passport that would be the EAD? What happens if we don't have the EAD.....what is the EAD actually supposed to be and why do we need it? To clarify, don't worry about the EAD, only required for K visa applicants until they receive their greencard. Once you have a greencard, EAD is not necessary.	rin and john	Male	Thailand	2009-12-06 15:59:00
IR-1 / CR-1 Spouse Visa Process & Procedures	IR-1 / CR-1 Spouse Visa	QUOTE (Joe&Whan @ Dec 8 2009, 05:37 AM) <{POST_SNAPBACK}> I have questions about the I 130 procedure. I am in Thailand and I tryed to go to the USCIS office to submit it but they say I cannot. So what do I do now and please tell me about the support form. What is this form about and who do I send it to? Thanks for your time. If you want to file for an IR-1/CR-1 visa (IR if married more than two years at time of visa issuance; CR if less); then the I-130 will need to be filed in the USA: See link with instructions as to which office/address to file: http://www.uscis.gov.../i-130instr.pdf If you have resided in Thailand for more than six months, you should be eligible to file DCF (direct consulate filing). More information can be found here (read step 1): http://bangkok.usemb...sa-process.html Best of luck, John	rin and john	Male	Thailand	2009-12-08 07:47:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Child Support	QUOTE (natay @ Dec 27 2009, 06:40 AM) <{POST_SNAPBACK}> On my taxes I dont have to claim child support as income. However I need that income to meet the 125% of the proverty guidelines. Will I be able to use that income? If so how do I go about this? The instructions for the I-864, line 23, indicate you can include child support, alimony, dividend/interest income, etc. Wouldn't matter whether it was pre-tax or post tax support. http://www.uscis.gov.../form/i-864.pdf	rin and john	Male	Thailand	2009-12-27 10:40:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Vaccines.	Check links from this post: http://www.visajourn...h...t&p=3553624	rin and john	Male	Thailand	2009-12-17 07:48:00
IR-1 / CR-1 Spouse Visa Process & Procedures	ITIN number for US income tax 1040	Do you think the USCIS office will be okay with my most recently income tax transcripts being those from 2008, 2007 and 2006????? I am pretty certain that if you are filing from overseas or using form 2555 that you receive a later filing deadline than April. However, I want to get this correct the first time and not have to wait for the USCIS office to mail me a letter requesting that I include an income tax transcript from 2009 before they can process my wife's visa, ya know??? Not sure about USCIS, but for the Embassy, I submitted transcripts for TY 2003-2005 (Rin's interview was in April 2007). I had not yet completed my taxes for TY 2006. I did include a copy of my W-2's for 2006 and a copy of my 2006 1040 (completed and clearly marked at the top "draft only - not yet filed with IRS"). Even if you file your 2009 tax return right now, transcripts are not available until mid-year. So, no, they will not ask for your 2009 tax transcripts (although they may want proof of income, i.e. w-2's and a letter from your employer).	rin and john	Male	Thailand	2010-01-22 13:07:00
IR-1 / CR-1 Spouse Visa Process & Procedures	ITIN number for US income tax 1040	This does relate to my wife's CR-1 immigration visa as I need to submit income tax transcripts for the last three years. I am in the process of completing my US income tax 1040 and because my wife has no social security number I must complete a form W-7 ITIN. So in addition to the application I must submit a notarized copy of her passport. Because Thailand is not a signatory to the Hague Convention, does this mean that if I have the passport copy notarized by a notary here in Thailand, perhaps the local courthouse or municipal office, that the IRS will not accept it???? The instructions for the ITIN form say that it is possible to "Have the copies certified by the issuing agency or official custodian of the original record." My wife is from Sisaket in the north-east and got her passport in Bangkok -- could I go to the passport office in Surat Thani, south Thailand. OR must it be certified in Bangkok as this was where she actually obtained her passport. Otherwise I will have to go to the US Embassy in Bangkok (correct?) and I live in south Thailand. ACS at the Embassy will certify a copy of the passport (I took Rin's there back in 2007 for TY 2006, took about 10 minutes, but cost like $25). Check their website, as they occasionally have officers that travel to various cities around Thailand to provide services for American citizens. Alternatively, since I think you are planning to file DCF and relocate to the states, file for an extension for TY 2009 and wait until she gets here and receives her SSN.	rin and john	Male	Thailand	2010-01-21 09:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Taxes	Any advice on filing US taxes when your spouse lives outside of the US and has no social yet? I think I am required to file as married, since we maried in Dec, but not sure how to handle this. I think the 2555 form is only for US citizens or residents, so not sure if I am suppose to include his foreign income or just file marry filing separately? Somone told me married filing separately is the worst way to file for exemptions, etc. Anyone familiar with this? thanks, Karen Previous post is correct, your spouse will file for an ITIN. To file MFJ, the foreign spouse will need to include a letter saying they want to be treated as a 'resident' for TY 2009 (don't worry, DHS and the IRS have different definitions of 'resident' - see tax publication 519 at www.irs.gov). Scroll to the bottom of this link to 'non-resident spouse treated as a resident': http://www.irs.gov/p...ublink100038991 You will also need to complete a 2555 for the foreign income exclusion (the foreign spouse's income is reported as regular income on the 1040, then subsequently removed from taxable income using the 2555). There is a limit on the excludable amount of $91,400 for TY2009, so unless your spouse made substantially more than $91K, you are most likely better off to file MFJ.	rin and john	Male	Thailand	2010-01-23 10:20:00
IR-1 / CR-1 Spouse Visa Process & Procedures	IRS TAXES UGHHHH	File with the SSN. You will need to decide if you want to declare your wife as a 'resident' or 'non-resident' for tax purposes. This will largely depend on her foreign income. If she declares herself as a 'resident' for tax purposes, then her foreign income is subject to US tax, but unless she made substantial income (over about $90,000) it will be excluded from tax (see instructions for tax form 2555). Go to www.irs.gov and read tax publication 519. Also, lots of good information in this thread from last year: http://www.visajourn...howtopic=170514	rin and john	Male	Thailand	2010-01-22 07:46:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Waiting too LONG!!!!	http://www.ailf.org/...c_pa_040706.pdf	rin and john	Male	Thailand	2010-03-09 21:10:00
IR-1 / CR-1 Spouse Visa Process & Procedures	No taxes	Im receive all my money from disability, and im not required to file income tax, what do i need to do Agree with post above. Additionally, if you did not file for TY 2007, you may want to file late as you probably qualified for a Recovery Rebate payment of $300 to $600. At least worth looking into. http://www.irs.gov/n...=186065,00.html	rin and john	Male	Thailand	2010-03-23 16:10:00
IR-1 / CR-1 Spouse Visa Process & Procedures	U.S.Embassy Marriage Status	http://bangkok.usemb...e/marriage.html Website above. We got the affidavit, had it translated across the street and they took it to the MFA for the stamp (could have done it ourselves, but didn't want to spend 2 - 3 hours in taxi and their office). Went back to pick up the translation and stamped copy the next day.	rin and john	Male	Thailand	2010-12-14 18:01:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Idea when to file Tax to save time	Rin's interview was in mid-April. I had not yet filed my previous year tax return, so had the transcripts from most recent years available and my roughed-in taxes from the previous year (plus W-2s and paystubs showing proof of income) and my receipt where I had filed for an extension to file taxes. Wasn't a problem.	rin and john	Male	Thailand	2011-02-24 09:40:00
K-1 Fiance(e) Visa Process & Procedures	filing K1 petition day after my divorce is official?	some great replies here guys...thanks a lot!! My situation was similar. I got divorced last year on Sept 26th and remarried to a Thai national on Oct 9th. The only thing I would advise is to make sure you have a "certified" copy of the divorce decree and not just the one your attorney has prepared. The dates can be different. My court date was September 25th, but the divorce was not entered into court/county records until the next day. My attorney had advised that I not doing anything (re-marry, buy/sell real estate, etc) until it had been officially recorded. He added that it can sometimes take up to 30 days. Probably not a real issue since you are filing the 129f as it requires a certified copy of your divorce decree proving the previous marriage has been terminated. Goodluck!	rin and john	Male	Thailand	2007-06-15 12:56:00
K-1 Fiance(e) Visa Process & Procedures	Questions about former marriages, etc.	Hello, I have a couple questions for you guys about former marriages.Ok, so my fiancee is from Thailand and when she was 18 her family pressured her into marrying. They never registered it with the government and she never changed her name. She also had a daughter out of this. The husband and her finished after 3 months and he moved to Malaysia and he died there. They do not have death certificates because they were sent to his fanmily becuse she was never "legally married" because they never registered it with the govt. On some forms for the K-1 Visa it asks if your fiancee is SINGLE, divorced, or widowed. Do you think I should say she is single, or widowed? Remember, she never registered it, so the government never knew she was married. What should she say about the child? If they ask? Thanks a lot guys! Rin was "married" to a Thai man for six years. It was never registered with the local amphur (Thai government). We listed her as single with three children. The Thai man she lived with is the father of all three children and is listed on the BC. No issues with getting her visa (or the children's). Marriages in Thailand are official when registered with an amphur. If that didn't happen, then it was just two people living together, although they will refer to each other as husband and wife. Although I have seen some on VJ say they had to get a certificate from the Thai government that their fiancee was single. Rin did not and it was never requested by the US Embassy. Goodluck! John	rin and john	Male	Thailand	2007-08-12 14:12:00
K-1 Fiance(e) Visa Process & Procedures	How to mail Docs US-Thai?	A "Priority Mail Flat Rate Envelope" cost $11 USA to Thailand. Have used it a couple times (also the flat rate box is available - used that too - cost a little more). Takes 6-10 days according to USPS.com. All of ours got there in 4 to 5 days(to Bangkok address). They also have a flat rate envelope with a 3-5 day delivery for $25. Edited by rin and john, 23 August 2007 - 10:22 PM.	rin and john	Male	Thailand	2007-08-23 22:20:00
K-1 Fiance(e) Visa Process & Procedures	I am so confused: 3 countries (Thai, Israel)+Divorce=Many Questions	Jenn - There is nothing informal about registering at the amphur, it is quite formal with document signings by both husband and wife, the amphur, and witnesses. So if the marriage was registered with any amphur office in Thailand, then your fiance was officially married and therefore must be officially divorced. If they never registered the marriage at an amphur's office then they were not officially married and thus cannot get divorced. I have seen where some K1 applications require a certificate to show they are single and are free to marry. Not sure if Israel or Thailand require it for a K1 (Rin and I got married in Bangkok - at the amphur's office - and all that was required was an affidavit from the US Embassy saying that I planned to marry a Thai National and a second one saying that I had been legally divorced from my first wife). Rin just had to bring her Thai ID card, no proof of being single (although in Thailand once a woman is married her Thai ID card shows her as a Mrs. and she cannot have it changed back to Miss - or so I am told).	rin and john	Male	Thailand	2007-09-04 11:53:00
K-1 Fiance(e) Visa Process & Procedures	Children	Don't know if K1/K2 are the same requirements as K3/K4, but Rin had her interview in April and the children did not go. We have now (last week) sent in packet 3 to Bangkok Embassy and have K4 interviews scheduled next week. So, at least in Bangkok, children do not have to go to the K1 or K3 interview if they will "follow-to-join" later.	rin and john	Male	Thailand	2007-09-27 04:50:00
K-1 Fiance(e) Visa Process & Procedures	Passport	Rin's children had their passports issued Sept 18th; visas issued October 4th. I wouldn't worry about it.	rin and john	Male	Thailand	2007-10-14 14:04:00
K-1 Fiance(e) Visa Process & Procedures	Daughter wants to come to USA (K-2 Visa)	I just did this for Rin's children in Thailand (Rin got her visa in April, children got their visa this month). I simply contacted the embassy and requested they send packet 3 materials for the children (provided the local address in Thailand). They also e-mailed them to me. So basically you start at the same point as your K-1 visa once it has reached the foreign embassy. The only thing we paid was the $100 for the visa fee (and of course for the children's medical exams). We were fortunate in that we were returning to Thailand on holiday and was able to take care of all the paperwork locally. Good luck! John Edited by rin and john, 17 October 2007 - 12:05 PM.	rin and john	Male	Thailand	2007-10-17 12:03:00
K-1 Fiance(e) Visa Process & Procedures	Birth Records for Mother and Father	Rin only had her parents name and birthplace. I entered them and put unknown for DOB. Never an issue. I am guessing that happens quite often.	rin and john	Male	Thailand	2007-10-26 13:44:00
K-1 Fiance(e) Visa Process & Procedures	Police Cetification?	This is from Bangkok's US Embassy website: "Q: Where can I get the required Thai Police Certificate? Thai Police Certificates are required for all applicants age 16 or older. These certificates are available only from the following office: Section 3, Sub-Division 2, General Staff Division Special Branch, Royal Thai Police Department Rama I Road Pathumwan, Bangkok 10330 Telephone: 66-2-205-2605" I would call them (or have your SO call them) and ask them if it can be done via mail or fax. Rin lived in Bangkok, so she went there in person. I believe she just needed her ID and tabian baan (her housebook). She told them she needed a certificate to get a visa to the USA. They took her info, told her to come back in 10 days; they provided certificate (in English). Good luck! Edited by rin and john, 13 November 2007 - 01:33 PM.	rin and john	Male	Thailand	2007-11-13 13:30:00
K-1 Fiance(e) Visa Process & Procedures	Going through POE	QUOTE (Drew and Tik @ Feb 25 2008, 06:52 PM) <{POST_SNAPBACK}> Hey mate, glad everything is working for you. Tik is also nearing the end of this part of the process (sending in packet 3 the day after tomorrow). I was wondering if you bought a one way ticket from Thailand to the US and if you did, how much did it cost. Everything I find costs almost as much as a round trip. The best deal I found to JFK was $882 and she would have a layover in Abu Dhabi. So what's the plan for you? Coming to JFK, I would have her check locally with Thai Airways. It may cost $100 to $200 more, but they have a direct BKK to JFK. Much easier, no connection, no lost baggage, etc. If you want to make her even happier, spend an additional $200 and ungrade to "premium economy". With a 44" seat pitch and 2-3-2 seating, it is better than domestic first class in the US. The seat reclines and has a footrest, so even at 6' I can get several hours of decent sleep. Thai Airways also does BKK-LAX direct, which is how Rin and I travelled both trips last year. Best of luck!	rin and john	Male	Thailand	2008-02-27 10:25:00
K-1 Fiance(e) Visa Process & Procedures	Packeck 3 not Recieved	Go to this link for the US Embassy in Bangkok. It has the packet 3 instructions and forms. She can print them out at any internet cafe'. We ended up printing most of ours out off the internet anyway as we could fill them in electronically. http://bangkok.usemb...structions.html If that does not work, contact the embassy via e-mail and ask them to resend them. Here is the format I used for e-mails to the embassy. They responded within a day everytime. To: visasbkk@state.gov Subject: 2nd inquiry BNK2007xxxxxx (rin's full name) Dear Sir/Madam, Concerning K-3 Visa petition Case number BNK2007xxxxxx Petitioner: (my full name) (DOB xx/xx/xxxx) Applicant: (rin's full name) (DOB xx/xx/xxxx) Please notify me at (my e-mail address) whether the Embassy has received our Packet 3 checklist (mailed via thai post on 3/13/07) and if an interview date has been scheduled. Also please advise if packet 4 has been sent to the applicant. It has been two weeks since it was returned to the Embassy and I am concerned that it may have been lost in the Thai post. Thank you for your kind assistance. Best regards, John Hope it helps and goodluck! John	rin and john	Male	Thailand	2008-02-27 09:20:00
K-1 Fiance(e) Visa Process & Procedures	after NOA2, what next???? Bunch of questions	QUOTE (huge316 @ Mar 2 2008, 09:26 PM) <{POST_SNAPBACK}> Hey everyone, I officially got my NOA2 in the mail, do I wait to recieve anything else in the mail from the CSC such as the Affidavit of Support or can I go ahead and print them and do them myself? I am going to attend the interview with my fiancee so I would like to know what I must send to her that she needs to send to the embassy in Bangkok and what just needs to be brought to the interview? I looked in the guides and it didn't really seem to specify on this. And for you Thailand filers out there... any idea as to how long we will likely be waiting for our interview date? Also how do I track where our forms are now that NOA2 is done. Is there somewhere I can track the status of everything from this point? What forms will they be sending to her to complete to be mailed back and which will be brought to the interview as well from the packet 3? When should she get her police certificates? When should the medical be done? Sorry for all the questions, but I'm working 3 jobs to make as much money as possible before she gets here and trying to get all this info in the small amount of free time I have. Any help is greatly appreciated. Thanks and best of luck to you all on your journey!!! Steve The CSC will forward it to the NVC. Usually, your petition will then be forwarded to the US Embassy in Bangkok within 2-4 weeks. The embassy will then mail a packet 3 to your fiancee (another 1 -2 weeks). If you want to get a head start on packet 3, go to this link for the US Embassy in Bangkok. It has the packet 3 instructions and forms. You can fill them in electronically and print them out before she actually receives the packet 3. Once you are sure that the embassy has your petition from NVC, then mail in the required information directly to the embassy (we mailed Rin's prior to receiving the packet 3). http://bangkok.usemb...structions.html Hope it helps and goodluck! John	rin and john	Male	Thailand	2008-03-03 09:26:00
K-1 Fiance(e) Visa Process & Procedures	help on packet 3 please, 2 quick questions	QUOTE (huge316 @ Mar 26 2008, 11:13 PM) <{POST_SNAPBACK}> 2 things for you guys, in the section for DS 230 Part 1 where it asks if someone assisted you in completion of this form... is it ok that I put my name and address as I am completeing the form and sending it to her to sign and send off to the embassy? I would assume so... just wondering if anyone else did the same. Also does anyone have the address you should send the Packet 3 to and who to make it attention to etc...? Her Packet 3 got lost in the mail according to the embassy so I'm sending everything to her already completed and all she has to do is sign and send - the Bangkok, Thailand embassy. Thanks, Steve It is OK to put your name and address as assisting her (although it is on DS 230, part II so don't have to include that when returning packet 3). Address is: U.S. Embassy Bangkok, Consular Section Attention: Immigrant Visa Unit 95 Wireless Road Bangkok 10330 Thailand Make sure she includes "Immigrant Visa Unit" as part of the address when she sends the info to the embassy. Hope it helps and goodluck! John	rin and john	Male	Thailand	2008-03-27 09:24:00
K-1 Fiance(e) Visa Process & Procedures	need help! Russian Girl friend with child	Start here; http://www.visajourn...e...&cty=Moscow edit: Pushbrk beat me to it. His would be a better one to start with! Edited by rin and john, 05 May 2008 - 08:48 PM.	rin and john	Male	Thailand	2008-05-05 20:47:00
K-1 Fiance(e) Visa Process & Procedures	My fiancee does not have a birth certificate...	QUOTE (TommyThai @ May 7 2008, 08:25 PM) <{POST_SNAPBACK}> QUOTE (eric_and_teresa @ May 7 2008, 06:50 PM) <{POST_SNAPBACK}> For what the OP wrote: "the birth was never announced" (registered) I have the impression that the birth certificate never existed. If it got lost, it really isnt' a big deal, all she would have to do is get a new certified copy. But it will be better if the OP could clarify that for us. Yes, The Birth Cirtificate never existed. I think after she acquires the school records from her home town she can get a replacement or register, not sure what you call it. Thanks for all your replies, I can tell everyone here really stands up for the cause of two people in love being together. I hope I will learn enough to help others along the way as well. I believe she will need to go to the amphur where she was born. If the birth was never registered, then she will need a relative (preferably her mom or dad) to go with her to the amphur to "attest" to the fact she was born within that region on a given day (she should take her thai passport, thai ID, and tabian baan). Nothing is straightforward in Thailand - Frequently the first visit to the amphur will result in additional documentation from somewhere being required. Chances are a little baht will get you the BC faster. Rin was born in Sisaket (about six hours outside Bangkok). Her aunt went to the amphur to get her BC, but they would not give it to her. The following day her uncle went, same last name as Rin, male, 100 baht "extra", BC received. Saved us the trip to Sisaket, so well worth the "service fee". John	rin and john	Male	Thailand	2008-05-07 20:42:00
K-1 Fiance(e) Visa Process & Procedures	My fiancee does not have a birth certificate...	QUOTE (fwaguy @ May 8 2008, 09:27 AM) <{POST_SNAPBACK}> Birth Certificates Available. The issuance of birth certificates in Thailand began in Bangkok in 1917. Records of birth are often lacking for people born in Bangkok before World War II and for those born in other areas of the country up until the 1970s. Birth Certificates are issued by "Amphur," (geographic subdivision roughly equivalent to a county in the U.S.) district authorities having jurisdiction over the place of birth. There may be a fee for this service. A Thai citizen older than 15 and born in Thailand, whose birth was not registered, must present in its stead a household registration, together with a Thai national identity card ("bat prachachon"), and may also be required to submit additional proof of the claimed relationship. http://travel.state....ocity_3687.html I agree with this from a State department standpoint. Rin received her visa without a copy of her birth certificate (used ID card, passport, and tabian baan - house book) to establish birth date and Thai citizenship. The concern Rin and I had was with DHS later when we adjust status. So when we went back in October 2007 we obtained her BC from the amphur where she was born. Adjustment of status without a BC is possible, but it should make it much easier with one since one must prove that the document is not available. From the code of federal regulations regarding records for immigration: TITLE 8--Aliens and Nationality CHAPTER I--DEPARTMENT OF HOMELAND SECURITY SUBCHAPTER B--IMMIGRATION REGULATIONS PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS http://ecfr.gpoacces...-....1.2&idno=8 (2) Submitting secondary evidence and affidavits —(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence. TommyThai - If at all possible, get the BC. If the amphur cannot provide a BC, then I would try to get them to prepare a letter stating that the birth was never officially registered and that a BC is not available. Best of luck, John	rin and john	Male	Thailand	2008-05-08 10:43:00
K-1 Fiance(e) Visa Process & Procedures	Social Security for K1	QUOTE (RaTBoX @ Jun 12 2008, 10:04 AM) <{POST_SNAPBACK}> QUOTE (rin and john @ Jun 12 2008, 09:42 AM) <{POST_SNAPBACK}> The big difference is a K1 can walk into a SSA office and get a SSN without an EAD within the first 76 days of presence; a K3 cannot. We tried. CRF8.274a.12.a(9) contradicts CRF8.274a.12.a by stating "as evidenced by an employment authorization document". When we went to the SSA they wanted either an EAD or GC. I don't understand how "CRF8.274a.12.a(9) contradicts CRF8.274a.12.a". "Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)–(a)(8), (a)(10)–(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S. Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. " This section only refers to categories (a)(3), (a)(4), (a)(6)–(a)(8), (a)(10)–(a)(15), and (a)(20). Individuals who fall under these categories "must apply to U.S. Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization". That part has nothing to do with K3 individuals who are category (a)(9). The rest of the section does (i.e. "Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes."). K3 holders don't need an EAD to show they are work authorized. This is totally separate to the SSA requiring an GC or an EAD to give K3 holders a Social Security Number. The SSA has it's own set of rules and policies. CFR8 is there to define what the USCIS does. CFR20 is about SSA. The contradiction is section CRF8.274a.12.a omits (a)(9), K-3 visa holders, from having to apply for EAD. Section CRF8.274a.12.a(9) states: "(9) Any alien admitted as a nonimmigrant spouse pursuant to section 101(a)(15)(K)(ii) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document, with an expiration date issued by the Service;". Unless a K-3 applies for the EAD, how are they supposed to provide evidence of an "employment authorization document"? I suppose K-3's should get EAD's from USCIS upon arrival at the airport (as some K-1's have in the past). It would be interesting to know if anyone has been able to get EAD stamp in passport with a K-3 visa. John	rin and john	Male	Thailand	2008-06-13 12:08:00
K-1 Fiance(e) Visa Process & Procedures	Social Security for K1	QUOTE (RaTBoX @ Jun 12 2008, 08:34 AM) <{POST_SNAPBACK}> QUOTE (YuAndDan @ Jun 11 2008, 03:07 PM) <{POST_SNAPBACK}> Good question, lets apply some logic here. Why is it that K-1 is "Work auth" and the other K-Visas are not? Perhaps this has to do with the fact that the K-1 is her to marry, and the others are not? QUOTE (Thai family @ Jun 11 2008, 08:14 PM) <{POST_SNAPBACK}> K-3s aren't work authorized, so there is no other logical explanation that I know of (even if it isn't logical). They are. Have a read of CFR8.274a.12.(a) --- "(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)–(a)(8), (a)(10)–(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S. Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States. ... many different classes ... (9) Any alien admitted as a nonimmigrant spouse pursuant to section 101(a)(15)(K)(ii) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document, with an expiration date issued by the Service;	rin and john	Male	Thailand	2008-06-12 09:42:00
K-1 Fiance(e) Visa Process & Procedures	Social Security for K1	QUOTE (fwaguy @ Jun , 04:53 PM) I don't buy that the authors of the INA made a K-1 work authorized solely for the constituents of NC and TN to get marriage licenses.... _______________ K-3s aren't work authorized, so there is no other logical explanation that I know of (even if it isn't logical). The logic escapes me, as well. A K1 has to marry in 90 days, then adjust status. The US gov't sees fit to issue a SSN during this time. A K3 is basically of the same status as a K1 (non-resident) with the exception of the marriage timing and the length of the visa (2 years vs. 90 days). The only thing I can figure is that K1 visas have existed much longer within the system and K3's are much newer, and thus not addressed the same in terms of SSA (or IRS for that matter). John	rin and john	Male	Thailand	2008-06-11 20:46:00
K-1 Fiance(e) Visa Process & Procedures	Social Security for K1	Found the following on the SSA's website. They may end up changing the rules for K1's regarding issuance of SSN's. If I read it correctly, they will currently issue a SSN if a K1 shows their visa and I-94 (EAD not required). That may be changing. http://www.ssa.gov/o...08-07-17044.htm John	rin and john	Male	Thailand	2008-06-11 12:27:00
K-1 Fiance(e) Visa Process & Procedures	K2 Visas for child left behind...	QUOTE (chuckb @ Jul 6 2008, 01:00 PM) <{POST_SNAPBACK}> My wife and children came to the US on K1 and K2 visas three years ago. They have all the papers in order, and are Permanent Residents with the Conditional Status removed. The problem is that there is another child (under 18) that stayed behind. She did not get a K2 Visa because at the time she wished to stay behind. She was listed on the original paperwork, and the Officer at both interviews made a big deal about ensuring she was acknowledged as my wifes child. Now she wants to come here and live. How do we go about it? None of the information I've reviewed really covers this situation. Anything close to it is conflicting... Anyone out there with any experience in this area? Chuck B. The K2 is derivative status from the K1. I would doubt the DHS would allow her to enter the US with it after 3 years (the K1/K2 visa has a 6 month validity from issuance). Even the "follow to join" for a K2 or K4 has to occur within 12 months of the K1/K3 it is derived from. The process now would be to file a I-130 (petition for relative - check the forum on bringing relatives of US citizens). You can file it as the US citizen as they do not differentiate between a natural child or stepchild when filing. John	rin and john	Male	Thailand	2008-07-06 13:15:00
K-1 Fiance(e) Visa Process & Procedures	Fiance with children	QUOTE (nowonmai666 @ Jul 6 2008, 11:57 AM) <{POST_SNAPBACK}> Hello, I'm engaged to a british citizen. I'm in the process of filing for k1 fiance visa. My question is this. Her son will be added to application and both will be coming to live in states. What other documentation of forms do i need? What paperwork do i need if any from biological father? You may also want to post your question in the UK sub-forum. Someone there will know the details for what is required in the UK (docs for children relative to custody vary by country). http://www.visajourn...hp?showforum=99 Good luck! John	rin and john	Male	Thailand	2008-07-06 13:22:00
K-1 Fiance(e) Visa Process & Procedures	I-485 and I-130; INS signature card	QUOTE (JackUK @ Jul 8 2008, 01:18 PM) <{POST_SNAPBACK}> Hi, I've been looking at the guides but am still uncertain. I'm a British citizen and arrived on a K-1 on Independence Day. We married yesterday morning (woohoo!). I know I need to file for adjustment of status using the I-485, but i've also read somewhere that concurrently I also need to file an I-130. Is that latter form relevant to our situation (we married only after approval of the K-1 when I arrived in the US), or is it only for those who married prior to coming to the US? Also, I've read on one of the many forms that I need an 'INS signature card', I think to attach to the I-765 work permit application, and sign, and that I need to request this from a local INS office. Is this correct? Can I obtain this online, if I need it, or do I actually have to go the office? Finally, is the temporary work permit worth applying for? I've heard the length of time it takes to receive makes it pointless. After the adjustment of status, will I automatically receive long-term work authorisation? Thankyou for your help, JackUk. On the I-485 form, "Part 2, Application Type" check box "c". No I-130 is required. Fwaguy is correct, can file I-765 (EAD) concurrent with or subsequent to the I-485. It will usually be completed before you receive your greencard, so would allow you to accept employment sooner. The EAD is not necessary once you have received your GC. The time difference between receiving EAD and GC could be as little as a few months to a few years (although 4 to 8 months is typical). John	rin and john	Male	Thailand	2008-07-08 13:33:00
K-1 Fiance(e) Visa Process & Procedures	Fiancee spent 3 years illegally in the UK, problem?	If the US Embassy in Brazil knows he lived in UK for more than six months, they may ask for a police certificate from there (required for all places lived after 16 years old). Not sure if he will be able to get one if he wasn't there legally.	rin and john	Male	Thailand	2008-07-14 10:12:00
K-1 Fiance(e) Visa Process & Procedures	Potential issue?	QUOTE (stoid @ Jul 16 2008, 11:51 AM) <{POST_SNAPBACK}> Hello - I'm planning WAY ahead at this time. I'm known a girl who I met in Thailand in March while on vacation. I have returned a couple times and plan on returning a couple more times. If all goes well, I plan on starting the K1 process in March or April of 2009. Everything looks good with her, I don't believe she has ever been involved in anything unsavory, and I had a PI run a quick background check on her at some point in the past. However, she seems to have a very vindictive ex who may or may not have some pretty deep connections (to the police, etc). She is worried that he will do something to prevent her from getting her K1, such as calling/emailing the embassy to falsely report that she was/is involved in prostitution, etc. Is this something I should be worried about? If so, what can I do? I would hope that the U.S. embassy wouldn't take some stranger's phone call or email claiming suspicions activity as gospel without a thorough investigation. Thanks. She will have to file forms (during visa process) stating she has no criminal record and that she has never committed acts of "moral turpitude". Additionally, she will have to go to the Thai police and get a police report that will be submitted with her visa application. These will be used to determine whether or not she gets a visa. A random call from a stranger "reporting" her would probably carry no weight whatsoever (unless they could offer proof...). Now within the Thai system if he has "close ties" to the Thai police, a "clean" police report might be a little more diffiicult to obtain. Edited by rin and john, 16 July 2008 - 12:02 PM.	rin and john	Male	Thailand	2008-07-16 12:01:00
K-1 Fiance(e) Visa Process & Procedures	Can we marry while on tourist visa?	The data suggests it happens frequently. See report: http://www.dhs.gov/x...06_Yearbook.pdf If I am interpreting the data correctly (plus data from the 2007 Yearbook): In 2005/2006 approximately 32,000 fiance(e)'s per year entered on K1 visas. For 2006/2007 about 33,000 fiance(e)'s/year became LPR's with IF1 or CF1 classifications. In 2006/2007 approximately 63,000 spouses per year entered on CR1/IR1 visas (with LPR status). In 2005/2006 approximately 15,000 spouses per year entered on K3 visas. In 2006/2007 about 207,000 spouses became LPR's with CR6/IR6 classifications. Given that approximately 15,000 of these entered as K-3 visas, over 190,000 spouses obtained CR6/IR6 status after having entered the USA under some other classification than a K-1 fiance(e) or K-3/CR-1/IR-1 spouse (VWP, work visa, tourist visa, student visa, etc). So again, if I interpreted the data correctly, roughly 110,000 spouses entered the USA as K1, K3, or CR1/IR1. The other 190,000 spouses entered the USA (without intent to marry, of course), got married, and then adjusted status. To the OP's question, if you enter without intent to marry, but then get married, you are in the majority. You can legally file K-3, CR1/IR1, or AOS. If you enter with the intent to marry, then you would have to file K-3 or CR-1/IR-1 and return home to await approval. Edited by rin and john, 22 July 2008 - 10:34 AM.	rin and john	Male	Thailand	2008-07-22 10:33:00
K-1 Fiance(e) Visa Process & Procedures	Thai Passport Innacuracy?	QUOTE (eric_f @ Jul 27 2008, 09:05 PM) <{POST_SNAPBACK}> OK, that makes sense because she was married before. Now that I recall, her Thai ID did show "???" I didn't know the title stuck even after a divorce. Thanks! Eric You will need a copy of her divorce certificate (and perhaps a certificate from the amphur stating that she is single and free to marry). You might want to e-mail the embassy and ask.	rin and john	Male	Thailand	2008-07-27 22:01:00