Integrity Legal

Income Requirements for Fiance and Spouse Visa Sponsorship: 2009

In order to sponsor a Thai fiancee or wife for a visa to the USA, a US Citizen petitioner must prove that he can support the Thai applicant in such a manner that the Thai applicant will not become a burden to the state. Therefore, the US Citizen must present an affidavit of support proving an income that is deemed appropriate for supporting a Thai fiancee or wife. US Immigration policy dictates that in order to be able to support an immigrant one must produce an income that is 125% of the poverty level as set forth by US Housing and Human Services. Since Housing and Human Services constantly readjusts their definition of the poverty level, the requisite income required for immigrant sponsorship changes from year to year.

Below are the poverty figures for the 48 contiguous United States with calculation made for 125% of that figure:

Housing and Human Services has set a different standard for figuring the poverty level in Alaska, below is the poverty level for Alaska along with a calculation of 125% of that government defined monetary level.

Housing and Human Services also sets a different poverty line for Hawaii, below is the poverty guideline for Hawaii and a calculation of 125% of that guideline

It should be noted that active duty military need only show 100% of the federal poverty guidelines in order to be entitled to support an immigrant relative either entering on a K1 or immigrant visa.

For those with a deficiency in income (a more acute problem with prospective sponsors who are self employed) it may be possible to use a joint sponsor in order to make up the income shortfall. Another method of overcoming this obstacle is by using assets. For affidavit of support purposes, a prospective sponsor of a Thai fiancee or wife can make up the difference in income between what is actually earned and what is statutorily required by showing assets amounting to 5 times the difference between what a prospective sponsor earns and the legally required level. Therefore if a prospective sponsor falls $1,000 short of the required level, then he can show $5,000 in assets to make up that difference. US petitioners must submit the affidavit of support to the US Embassy in Thailand at the time of visa interview.

For more information please see

K1 visa Thailand

K3 visa Thailand

US visa Thailand

(Note: Nothing written herein should be regarded as a substitute for legal individual legal advice from a duly licensed US attorney. No attorney client privilege shall be inferred to have been created by reading this post.)

Tags: Affidavit of Support, CR-1 Visa, I-134, I-864, IR-1 Visa, K1 Visa, K3 Visa, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa Thailand | No Comments »

On the weekend we try to put something less than serious up on the blog just to lighten things up, I figured my list of funny lawyers would do just that.

Oliver Platt: Jeremy

Oliver Platt has the distinction of playing not one, but two roles in which he is a humorous attorney. I have always liked his small  part in the film Indecent Proposal because he plays the ruthless lawyer so well. When Woody Harrelson’s character calls to tell him that he has accepted an offer of 1 million dollars for one night with his wife, Platt’s character’s immediate response is, “I could have gotten you two!” He is the stereotypical over-the-top go for the throat attorney and it is pretty funny to watch.

Danny Devito: Deck Shifflet

In the film, The Rainmaker, Danny Devito plays Deck Shifflet, self described, “para-lawyer,” who fits the definition of ambulance chaser to a T. In the film Devito’s character has sat for the bar exam numerous times, but has never been able to pass it. When the main character played by Matt Damon asks if he has a problem with blatant ambulance chasing, Devito’s reply sums up his whole personal code regarding the legal profession: “Fight for your clients, refrain from stealing their money and try not to lie, you know, the basics.” Not exactly a good code of ethics to be instilled in an attorney, but the way Devito delivered the line gives me a chuckle every time I think of it.

Randy Quaid: Caddy Shack 2

I have never been the biggest fan of Caddy Shack 2, but I liked Randy Quaid’s character simply for the scene in which he turns one of the golf greens into an ice hockey style competition complete with pads and deflections of other players golf shots.

Joe Pesci: My Cousin Vinny

There is nothing better than a lawyer in a full leather suit. My Cousin Vinny is one of the funniest legal movies of all time and it is made all the better by a stellar performance by both Joe Pesci and Marisa Tomei (although some have wondered whether Tomei’s performance was truly oscar worthy). My favorite scene in the film occurs early on when Vinny’s clients are asking him his credentials, specifically how many times he sat for the bar. When he tells them he sat for more than two, one of his clients replies, “so third times a charm, right?” To which Vinny replies, “no actually for me, the seventh time’s a charm.” Needless to say this did not instill great confidence in Vinny’s legal acumen, but in the end Vinny saves the day.

Lewis Tulley: Rick Moranis

Quite possibly the funniest lawyer ever portrayed on film, Rick Moranis’s performance as Louis Tully in Ghostbuster’s 2 may be the most hilarious courtroom scene ever. As a hint to Mr Tully’s oratory one must read his opening statement to the court:

Your Honor, ladies and gentleman of the audience, I don’t think it’s fair to call my clients frauds. Sure, the blackout was a big problem for everybody. I was trapped in an elevator for two hours and I had to make the whole time. But I don’t blame them. Because one time, I turned into a dog and they helped me. Thank you.

Although Louis Tully may have seemed like a meek wallflower at the beginning of the trial toward the end he brought in the bigs guns when the unhelpful judge wanted the Ghostbusters to help they told him to speak to their attorney: “And that’s me! My guys are still under a judicial mistrangement order… that blue thing I got from her! They could be exposing themselves!” And you don’t want them exposing themselves!

For more serious reading please see: US Visa Thailand or K1 Visa Thailand

Thanks for reading my little rambling blog post today.

Tags: Danny Devito, Funny Lawyer Movies, Louis Tully, Marisa Tomei, My Cousin Vinny, Oliver Platt, Rick Moranis
Posted in Miscellaneous | 2 Comments »

For the long term expatriate living in Thailand, the question of Thai permanent residence invariably arises at some point. Many people wish to obtain permanent residence, but are overwhelmed by the difficulties involved in getting Thai PR. Hopefully this post will add some perspective on the subject.

Requirements for Obtaining Thai Permanent Residency

This post is not exhaustive, but merely gives the “broad strokes,” regarding Thai Permanent Residence. One of the major requirements for obtaining Thai permanent residence is that the applicant must have been in Thailand for a minimum of 3 consecutive years on Thai visa extensions.  A person present in Thailand using a Thai Multiple Entry Visa does not meet the requirement as the applicant must have been present using extensions. The Thai authorities are very strict on this requirement, even a one day gap in visa status can cost an applicant the right to apply for Thai permanent residence. For those seeking to obtain Thai Permanent Residence, scrupulous precautions should be taken to ensure that the prospective applicant maintains proper status.

There is also a salary requirement. The applicant must be able to prove a salary of at least 80,000 Thai baht per month at the time of application. Although this financial ability need only be shown at the time of filing, it is probably prudent to show a history of compensation at this rate, and the longer one can show this compensation history the better.

Thai permanent residence is somewhat odd in comparison to an American Green Card in that a Green Card confers the automatic right to work along with the right to remain in the United States. With Thai permanent residence, the right to work is not guaranteed, and as a result the permanent resident in Thailand must still obtain a work permit if he or she wishes to seek employment.  The Thai permanent residence application process is somewhat similar to the adjustment of status process for a US visa in that an applicant for Thai permanent residence is entitled to remain in Thailand while the Permanent Residence application is pending.

There is a basic Thai language requirement in order to obtain permanent residence, so the prospective applicant should study Thai in order to speak at a level of basic competence.  The prospective permanent resident is also subject to an interview and should be prepared to interview in Thai where possible.

After obtaining Thai permanent residency, the permanent resident should be cautious when leaving the country and make sure to obtain reentry permits (similar to US reentry permits) when preparing to depart the Kingdom in order to ensure that thy do not lose their permanent residency upon departure.

(Note: Nothing in this post should be used as a substitute for competent legal advice from a Thai lawyer. No attorney client relationship is created between the author and any reader of this article.)

Tags: Thai Green Card, Thai PR, Thailand Permanent Residence, Thailand Permanent Resident, Thailand PR, Thailand Visa
Posted in Thailand Visa | 1 Comment »

Although The Integrity Legal offices are located in Bangkok, Thailand, we do receive inquiries regarding Consular processing at the US Consulate in Chiang Mai. Generally we do not have much contact with that post because their activities with regard to US Visas is somewhat limited in comparison to the US Embassy in Bangkok. This post is meant to provide some insight about the US Consulate in Chiang Mai.

A Consulate with History

The United States Consulate in Chiang Mai is one of the few historical buildings used by the American State Department to house a diplomatic post. The consulate does business in the former royal residence of the Lanna Thai Kingdom, that until 1933, was a tributary state of the Kingdom of Thailand (then Siam).

Activities of The Consulate

Currently the consulate only processes non-immigrant visas. Therefore in order to obtain a CR-1 or an IR-1 visa, one must go to the US Embassy in Bangkok. It is also advisable to use the Bangkok Embassy with regard to the US K1 Visa and the K3 Visa because it will likely be the place where the application is adjudicated. For US citizens wishing to file a USCIS petition locally then the local Bangkok USCIS office will be where the petition must be filed.

This post primarily processes non-immigrant visa categories that are not family based. As a result, The Consulate mostly processes Tourist and Student Visas.

As with most any consular post, the consul can act as a notary so notarial services are carried out at the post as well as consular reports of birth abroad which is a document that is something akin to a birth certificate. Th consulate also creates affidavits confirming the right to marry. The consulate also replaces passports and can add additional visa pages to an American’s passport.

A question often posed by both Americans and others: does the US have honorary consul in Thailand or elsewhere? The short answer to this question: No. It is US policy to not place honorary consulates in other countries.  Although many countries will appoint honorary diplomats, the US feels that these services should be performed by professional diplomats.

For more infrmation about the US Consulate in Chiang Mai, please see the official website here

For more on US Immigration from Thailand, please see US visa Thailand

(Note: Nothing stated in this post or elsewhere on this site or blog should be used as a substitute for individual legal advice from a competent attorney. No attorney client privilege, express or implied, shall be created between the reader and author of this post)

Tags: Add new tag, CR-1 Visa, IR-1 Visa, K-1 Visa, Tourist Visa, US Consulate Chiang Mai, US Consulate General Chiang Mai, US Visa Thailand
Posted in US Consulate Chiang Mai, US Visa Thailand | No Comments »