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Hello,
I'm an American citizen married to a South Korean. We were married in Korea over two years
ago, and have not spent more than 3 months at a time in the states since, so never filled for
a green card. We both work for a non-profit NGO and with churches, so our income is small and
inconsistent. We've been working in China for the past couple of years, and have just moved
to Thailand in hopes to wait out the visa/green card process in a cheaper country. We did this
based on information by a lawyer in Korea, who said that we shouldn't have any problems applying
for a Green Card overseas(out of Korea).
After moving to Thailand I'm now being told by the US embassy that we need to have been living here
for a year before we can apply here. A lawyer is even telling us we need to go back to Korea!
I'm wondering what our options are, and I think I've learned a bit from your site, so maybe I'll throw
a couple ideas out there and maybe you can tell me if they'll work?
Can we enter the country on a tourist Visa, and in the valid time of the visa apply for an
adjustment of status? We just want to be in the States, we're tired and are running out of money,
I need to go home and work but we want to be together. Even if we waited in Korea, which is expensive,
I can't legally work there. The interesting this is that the two times I've asked an Embassy if we
can enter on a tourist Visa and start the green card process there, they respond with "you shouldn't",
but never with "no." Does that mean there's a way to do this on a tourist visa? My wife has received
two tourist visas in the past and has not overstayed, so that should be evidence of good faith, right?
I guess my question is, what is the quickest processing time visa that can be 'upgraded' to a green card?
Also, can I do this from Thailand, or does it need to happen in Korea where we were married?
Thanks for any help, this site is amazing.
-Noah
I'm an American citizen married to a South Korean. We were married in Korea over two years
ago, and have not spent more than 3 months at a time in the states since, so never filled for
a green card. We both work for a non-profit NGO and with churches, so our income is small and
inconsistent. We've been working in China for the past couple of years, and have just moved
to Thailand in hopes to wait out the visa/green card process in a cheaper country. We did this
based on information by a lawyer in Korea, who said that we shouldn't have any problems applying
for a Green Card overseas(out of Korea).
After moving to Thailand I'm now being told by the US embassy that we need to have been living here
for a year before we can apply here. A lawyer is even telling us we need to go back to Korea!
I'm wondering what our options are, and I think I've learned a bit from your site, so maybe I'll throw
a couple ideas out there and maybe you can tell me if they'll work?
Can we enter the country on a tourist Visa, and in the valid time of the visa apply for an
adjustment of status? We just want to be in the States, we're tired and are running out of money,
I need to go home and work but we want to be together. Even if we waited in Korea, which is expensive,
I can't legally work there. The interesting this is that the two times I've asked an Embassy if we
can enter on a tourist Visa and start the green card process there, they respond with "you shouldn't",
but never with "no." Does that mean there's a way to do this on a tourist visa? My wife has received
two tourist visas in the past and has not overstayed, so that should be evidence of good faith, right?
I guess my question is, what is the quickest processing time visa that can be 'upgraded' to a green card?
Also, can I do this from Thailand, or does it need to happen in Korea where we were married?
Thanks for any help, this site is amazing.
-Noah
