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?

DCF or Direct Consular Filing is the term used for the task of filing a US Immigration application at the US Embassy in the country where the prospective immigrant lives. 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 explanation is that diplomatic posts abroad usually possess a lighter amount of cases and thus the cases are dealt with quicker. 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?

Certain legations limit direct consular filings and some place few, if any, limits. 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 spouse in Thailand should have current residence in the Kingdom and have sustained it for a minimum of one year. Supposedly, US Consular officals can waive the 1 year residence requirement should they deem it prudent to do so, but it is uncommon for them to bypass the usual protocols for processing a US Visa for a Thai.

Thanks for Reading,

Benjamin W. Hart, Esq.

This information is to be used as a general reference only and should not be relied upon as legal advice. For any individual case a person should obtain competent legal advice from an attorney licensed in that area.