How can I get a US Green Card for my Thai Spouse?

Securing a US green card for your Thai spouse is an important step toward building your life together in the United States. While the process may seem complex, understanding your options and preparing in advance can make it more manageable. 

Here, we explore the two primary options for your spouse to get a green card: the CR-1/IR-1 visas for spouses living abroad and the Adjustment of Status (AOS) process for those already in the US. 

CR-1/IR-1 Visa: For Spouses in Thailand (or Overseas)

The CR-1 (Conditional Resident) visa and IR-1 (Immediate Relative) visa are designed to allow spouses of US citizens or lawful permanent residents (LPRs) to enter the United States as LPRs themselves. Upon arrival, USCIS will automatically issue your spouse’s green card. 

The CR-1 and IR-1 visas are largely the same, but CR-1 visas are issued to spouses married for less than two years, and IR-1 visas are issued to those married for longer than two years.

Eligibility Requirements for US Spousal Visas

CR-1 or IR-1 visa requirements include the following:

• You and your spouse must be at least 18 years old.
• You, the petitioner, must be a US citizen or LPR.
• Your spouse must reside outside of the US. 
• Your marriage must be legally valid and recognized under Thai law (or the laws of the country where the marriage occurred).
• Both you and your spouse should have clean criminal records. 
• Your spouse must be free of other disqualifying factors, including certain medical conditions, past immigration fraud, or national security concerns.
• You must demonstrate the legitimacy of your relationship with supporting evidence such as photographs, travel itineraries, and joint financial records.
• You must sign an Affidavit of Support which demonstrates that you can financially support yourself, your spouse, and any dependents with an income of at least 125% of the Federal Poverty Guidelines (FPG).

How to Apply for US Spousal Visas

There are several steps to apply for a CR-1 or IR-1 visa, which must be strictly followed to avoid delays or rejection:

1. File Form I-130: You, the US citizen or LPR, must submit Form I-130, Petition for Alien Relative, to United States Citizenship and Immigration Services (USCIS). 
2. National Visa Center (NVC) Processing: Once USCIS approves the petition, the case is forwarded to the NVC for further processing. You’ll pay visa fees, prepare evidence for the visa interview, and obtain police clearance and medical certificates at this stage.
3. Interview at the US Embassy: Your spouse will attend a visa interview at the US Embassy in Bangkok and provide their fingerprints and a photograph for biometric screening. During the interview, the consular officer will review the case and verify the legitimacy of your marriage to determine if your spouse is eligible for the CR-1 or IR-1 visa.
4. Visa Issuance: If the interview is successful, the CR-1 or IR-1 visa will be issued, allowing your spouse to travel to the US as a permanent resident.
5. Travel and Green Card: Your spouse must enter the US within six months of their medical examination. After their entry, their green card will arrive in the mail in approximately 8 weeks.

CR-1/IR-1 Visa Timeline

The CR-1/IR-1 visa process usually takes 12 to 24 months, depending on case complexity and USCIS and embassy backlogs. The process can take longer if you are a US LPR sponsoring your spouse.

Adjustment of Status (AOS): For Spouses Already in the US

If your Thai spouse is in the United States on a valid visa, they may be eligible to apply for a green card through the AOS process. The AOS process enables your spouse to transition to permanent residency without having to leave the country. This option is available to individuals holding certain visas, such as the K1 visa, H-1B or L-1 work visas, and other qualifying nonimmigrant visas. However, it’s important to note that US Tourist Visa holders generally are not eligible for AOS.

Eligibility Requirements for AOS

To qualify for AOS:

• You, the petitioner, must be a US citizen or LPR.
• Your Thai or foreign spouse must have entered the US legally and maintained lawful immigration status. If they entered the country unlawfully, they are ineligible for AOS and must pursue a visa through a US Embassy or Consulate abroad.
• You and your spouse should generally have a clean criminal record. 
• Your spouse must be free of disqualifying factors, such as certain medical conditions, past immigration fraud, or national security concerns.
• You must prove you are in a genuine (“bona fide”) and legal marriage.

How to Apply for AOS

Take these steps to apply for your spouse’s AOS:

1. Submit the Petition(s):
   1. For K-1 Visa Holders: Submit Form I-485, Application to Register Permanent Residence or Adjust Status, proof of your legal marriage, and other required evidence to USCIS.
   2. For All Other Visa Holders: Submit a Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status to USCIS. Include evidence as requested in the forms’ instructions. 
2. Biometrics Appointment: Your spouse will attend a biometrics appointment to provide fingerprints, photographs, and signatures for identification and security purposes. 
3. Interview: USCIS will schedule an interview for your spouse at a USCIS field office. During the interview, an officer will evaluate the legitimacy of your marriage and your spouse’s eligibility for a marriage-based green card. 
4. Approval: If the application is approved, your Thai spouse will be notified. They should receive their green card within several months of approval.  

CR-1/IR-1 Visa Timeline

The AOS process typically takes around one to two years. However, processing times can vary due to factors such as the workload at your local USCIS office, current immigration policies, and other government-related issues. It’s also important to remember that spouses and family members of US permanent residents often experience longer wait times compared to those related to US citizens.

Reputable US Immigration Lawyers in Thailand

Navigating the green card process for your Thai spouse can be complicated, but you don’t have to face it alone. At Siam Legal, our dedicated US visa team has been helping families in Thailand for over 20 years. We have assisted more than 10,000 clients with successful US visa and green card applications. Whether you’re just starting your research or need help preparing your application, our expert team, led by a US attorney, will guide you through every step.

Don’t get overwhelmed with confusing US immigration requirements. Contact Siam Legal today to schedule a consultation and take the first step toward securing a US green card for your Thai spouse.

Category: US Spouse Visa