Student visa/ work visa/ spouse visa?
I've married my wife (Thai citizen) in FEB 2007 (this month)
I'm going to graduate school in AUG 2007.
My wife is going to work in a USA research lab probably in JAN 2008.
Then she is planning to continue her study (in USA) JAN 2009.
I'm not sure if I can get her a spouse visa in time (it takes 6-12 months). So I'm looking for other options.
1) Can she apply for a work visa for now?
2) If she quits working and starts studying, does she have to come back to Thailand to request a study visa?
3) While the work visa is being processed, can I apply for a spouse visa? (I think this might get rejected)
4) During her stay in USA (starting JAN 2008), can I get her a spouse visa (k-3) or a green card?
Please help me out.
If there's no other way, I'll have to be patient and wait for the spouse visa to be processed.
Answer:
Well if you are already married, then its pretty much fixed - You have to go CR1 or K# way. All employment/study visas will be denied, because they are non-immigrant visas, and she has immigrant intent (in eyes of INS). So yu have like 9 months, chances are you will be fine.
Check if US Embassy in Thailand does DCF (Direct consular filing), and go with this option. Its easier, and since you live in Thailand, you qualify. Problem could be I-864, affidavit of support, but thats a different story.
Because you two are now married, she is technically ineligible for any other visa other than the CR-1 or K visa because it could be construed as possible visa fraud. The wait times for visa have been steadily dropping as the system sorts itself out. If you start now, then by the time she is planning on starting the work at the research lab she may be eligible. If she gets the k visa she will be ineligible to work (if she gets a SSN, it will be stamped as unable to work) until she gets her status adjusted from non-immigrant to immigrant . With a CR-1 she will be eligible for for a SSN and immediate employment.
As far as the Affidavit of Support, If you don't make enough, you can apply for a co-sponsor and if your wife will be paid for working in the research lab you could possibly include that if you know how much it will be.
Either way, get ready for the roller coaster ride of your life with lots of ups and downs.
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