the Thai spouse in America

[mahjongguy]

Some members of this board married their Thai boyfriends and moved to the States, or they know someone who did.

Now that a little time has passed, I wonder how it's going. No details, of course, just a general sense of whether the Thai spouse is adapting, do they plan to stay long enough to qualify for overseas remittal of spousal SS benefits, has the bureaucracy been supportive, etc.

[bobsaigon3]

If we're talking about Americans, the marriage would have to follow the boy's arrival in the US, as the fiance of the American, unless they married in New Zealand or someplace else where the law permits. My understanding is that to receive spousal SS benefits after the American dies, the surviving spouse would have to appear in person at the Social Security office, at least initially. After that, perhaps the payments can be sent abroad. My office has handled a number of same-sex fiancee cases and we have not heard of any bureaucratic problems here in Vietnam or after the fiance reached the US. No idea about their ability to adapt to life in the US.

[bobsaigon3]

I just saw the thread by Fountainhall about marriage equality in Taiwan. That would be a convenient option. Married in Taiwan, American files a spousal petition with US Immigration, about a year later the Thai spouse arrives in the US and receives Green Card in the mail within 3 months or so of arrival. Employment permitted as soon as he arrives in the US. With the fiance visa, it may take a couple of years after arrival in the US to get the Green Card.

[travelerjim]

An American expat friend married his Thai bf on a Fiance' Visa issued by the US Embassy in Bangkok.

Married in the USA and three months later the Thai had his Green Card ... Permission to work and a Social Security number issued....

Then issued a "Parole" permit which is like a multi entry Visa... Permits the Thai to leave and return to the USA during the first two years.

Tj

[bobsaigon3]

The Thai got his Green Card three months after marriage in the US to the American spouse: Lucky. It usually takes much longer to get the Green Card.

There may be some confusion of terms here. The same form (I-131) is used to apply for both Advance Parole and Re-Entry to the US. Advance Parole is not a re-entry permit or a multi-entry visa; it is only issued to people without permanent residency. So let’s assume he was applying for a Re-entry permit. That would allow him to remain outside the US for up to two years.

Every returning resident with a Green Card is subject to inspection by US CBP (Customs and Border Patrol) upon re-entry to the US and the CBP may wish to interview the traveler about his intentions. Does he really wish to reside permanently in the US?

If you have conditional U.S. residence - a "temporary green card" - you are generally free to travel wherever you like, but be wary of extended stays. By spending too much time outside the United States, or giving up your home base there, you could lose your green card.

There's an additional concern if you got your conditional residence based on marriage to a U.S. citizen and you'll be spending a long time outside the United States while your U.S. spouse stays behind. Such long separations may make it difficult to prove, as a condition of converting from conditional to permanent resident status, that your marriage is the real thing.

The U.S. government expects that green card holders will really live -- that is, make their primary home in -- the United States. In the government's eyes, someone who just wants to jet back and forth between international destinations, and not really settle in the US, does not deserve a green card. That conflicts with the desires of some immigrants, many of whom operate on the myth that as long as you return to the United States at least once a year, you can keep your green card. That isn't true.