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US Marriage Visas and Part time Living in Thailand

Transcript of the above video:

As the title of this video suggests, we are discussing US Marriage Visas and "part-time living" here in the Kingdom of Thailand. So what are we talking about here? We are talking about folks who basically get their spouse, their significant other, their spouse, well the point of which it is a US Marriage Visa, they are going to be married, so they get their spouse a US Green Card. They get a lawful permanent residence attached for their for example Thai spouse and then they want to go ahead and spend half their time for example in the United States, half their time here in Thailand.  

Now, definitely possible. One thing to bear in mind with respect to US Marriage Visas, be it a CR-1 or an IR-1 Visa, well the specific thing to bear in mind with respect to a CR-1 Visa is what you call lift of conditions, maintaining one's conditionality of their Permanent Residence in the USA, 90 days prior to the 2-year anniversary of one's obtainment of lawful permanent residence based on marriage, if married less than 2 years at the time the permanent residence is conferred, 90 days prior to the two-year anniversary of that you have got to go ahead and file for what is called a lift of conditions, a lift of conditionality or removal of conditions and thereby be granted unconditional lawful permanent residence in the United States. So if you take your spouse to the United States on a CR-1 Visa, bear in mind you are going to have to deal with the lift of conditions. Even where it is an IR-1 Visa, an unconditional lawful permanent resident conferring Visa, also bear in mind there is the issue of presumption of abandonment of residence. So if you are doing 6 months on 6 months off in the United States, you are probably, I stress "probably" this is circumstantially dependent, but you are probably not going to have a big issue dealing with presumption of abandonment if you are spending half your time in the United States. But where it can be a problem is where one spends more than a preponderance of their time in the USA so maybe they are spending 7, 8, 9 months outside of the USA at a stretch or inside the USA at a stretch and then do the same thing outside, so 9 months in the USA, 9 months out of the USA, you can start getting into that area where presumption of abandonment of residence in the United States becomes an issue. There are ways to deal with that. One is proper travel planning but also one thing that may provide some benefit to those who are looking to move back and forth on a part-time basis might be looking at what is called a re-entry permit which would attach to the lawful permanent residence which provides the ability to come and go from the United States over a more prolonged period of time. 

That being said, always remember this stuff is going to be based on the specific circumstances in your given case. If you are concerned about issues associated with moving back and forth and maintaining one's permanent residence in the USA, it is probably a good idea to contact a legal professional, gain some insight and guidance into how best to proceed.