Filing a Visa Petition on Behalf of a Thai Lady Directly With the US Embassy in Thailand

An inquiry that often comes up when talking about American Immigration from Thailand: can the process be sped up and can I file directly at the US Embassy in Bangkok instead of submitting the application to USCIS in the United States? Below we will answer these questions and explain why the answer is not black and white.

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?

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. 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.