How can I file for residency in the US without losing my partners visa? 4 Answers as of August 03, 2011

Issue: Thai partner holding B1/2 to achieve residence and citizenship in US. HUGE CONCERN: Losing her B1/B2 visa in process. I am a US citizen living and traveling in Asia for nearly twenty years. The last ten had been spent more or less in Thailand. I have a Thai partner (m/f) and we have been successful in obtaining a B1/2 visa for her. This is great; it allows us to return to visit my elderly parents and travel. For various reasons, I am contemplating a permanent/semi perm return to the US. We in all likelihood will marry within the year, but could put this off and marry in states if this would assist the transition. First let me ask, does her B1 visa status change in any way if we marry (in Thailand)? It appears the best method to attempt to achieve this is to marry in Thailand, prove the marriage and then have her apply for residency. Option of fiancé visa I think requires her to give up her current visa PLUS I would be very concerned that they might simply cancel the visa regardless based on concern we will marry on the B1/2. So, I think that would be a bad plan. Final option or advanced option might be to return to states, married or unmarried and then attempt to obtain residency, green card, etc..Here, unmarried I also worry about losing the visa. Finally, I will not have a job and worry I may not have the hard cash to sponsor her which I believe is 5 xs above poverty rate (?). I do not know if an old 401K may be included. Could my parents sponsor her perhaps? We would be living with and caring for them. They are a huge reason for the return. My girlfriend had visited in US ten years ago. She is very interested in the US. She loves to travel and living and traveling in the US is really a big dream come true. She is not grubbing me for a visa and this plan is of my making, she knows little or nothing about it. We discuss getting married (even here in Thailand) very little.

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Fong & Associates
Fong & Associates | William D. Fong
It would be difficult to get another B visa is she is married to a US citizen. It would be easier for you to get married, and if she is in the Philippines, to apply for the K-3 visa. It takes about 6 months. For the Affidavit of Support, you can get a joint sponsor.
Answer Applies to: Texas
Replied: 8/3/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello. Thank you for your inquiry. If you process any one of your options, her B1/B2 will be cancelled, because it will be irrelevant. She will ultimately get a green card which will allow her to enter and re-enter the US. If you have "Thai Residency", you can marry and process there. If not, yes, you can file the fiance petition or perhaps try the B2 route and marry in the US. However, she will be entering with preconceived intent to marry in the US and this may be held against her green card processing. If you marry her and do not process anything new, there is always a risk she may still lose her B2 visa, because she will then be married to a US citizen. The officer at the airport will send her back and tell her to file for a green card. And, yes, your parents may be a Joint-sponsor for the financial affidavit of support.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Felipe A. Malo, P.A.
Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
I suggest u marry in Thailand She enters USA in her visitor visa bs 45 days later u submit her residency in USA U can use 20% if the value if ur 401 for i864 purposes Yes ur parents can serve as joint sponsors
Answer Applies to: Florida
Replied: 8/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You ask two many questions at once. It is hard to answer them all. yes, you can marry her in Thailand and sponsor her.
Answer Applies to: Florida
Replied: 8/3/2011
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