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A frequent question that arises when discussing US Immigration Visas from Thailand (or Asia in general) is: How can I make the process move faster? Another question often heard is: I've heard we can file the petition in Bangkok, why not just file in Thailand? This article will answer both of these questions and explain why direct consular filing can be an option provided the parties meet certain requirements.
WHAT IS DIRECT CONSULAR FILING? HOW DOES IT APPLY IN THAILAND?
Direct Consular Filing (DCF) is the method of filing an Immigration petition directly with the US Embassy in the country where a loved one resides. For the purposes of this article we will focus on direct consular filing for a Thai Fiancee or Wife in Thailand.
Direct Consular Filing can often greatly decrease the wait time for a US Visa (K-1, K-3, Immigrant, etc.). The reason for this is the fact that overseas installations often have a smaller caseload so therefore petitions are processed faster. That being said not all foreign legations allow DCF for several reasons, but the most likely one in most situations is that if they did then the caseload would increase so dramatically that the caseload could not be efficiently processed. In my opinion, this is the reason that in Thailand DCF is not a privilege extended to everyone wishing to bring a Thai fiancée or wife back to the US.
WHO IS ENTITLED TO USE DIRECT CONSULAR FILING TO OBTAIN A VISA FOR A THAI FIANCEE OR WIFE?
Some Embassies are quite restrictive when it comes to allowing DCF, while others are fairly lax. In the case of Thailand, a US Citizen can file an immigration petition with the USCIS field office in Bangkok provided that the American has been resident in Thailand. The definition of "residence" has led to some confusion. For the purposes of determining residence in Thailand USCIS will not look at long strings of Thai visa exemption stamps nor perpetual tourist visas as proof of residency. Instead, an American usually must show a long term visa in Thailand and it would probably be a benefit to show a work permit as well (although in the case of those Americans present in Thailand on an education or retirement visa, this may not be possible).
The US Citizen wishing to file a petition on behalf of a Thai fiancée or wife in Thailand must be a current resident of Thailand and have maintained that status for at least 1 year. Theoretically, the decision to allow direct consular filing can be made on a case by case basis regardless of the US Citizen's residence in Thailand, but it is unlikely that the Embassy officials will let a Thai visa application circumvent the usual procedure of filing with USCIS in the US and waiting for the application to be forwarded back to the US Embassy in Bangkok.
Thanks for Reading,
Benjamin W. Hart, Esq.
The information contained herein is for general informational use only and should not be construed as legal advice nor relied upon in lieu of advice from a competent legal professional in your jurisdiction.
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