After entry to the United States, the first thing the couple ought to do is to get married at the earliest possible time. They have 90 days from entry to do so, or else, the Thai fiancée will already be subject to removal or deportation.
After the marriage, the Thai fiancée be qualified to adjust her status and obtain permanent resident status.
The United States Citizenship and Immigration Service has jurisdiction to process and approve applications for permanent residence.
The Thai spouse has to file Form I-485, Application for Permanent Residence and Adjust Status to the appropriate USCIS Center especially assigned for the eligibility category.
The following have to be submitted along with the Form I-485:
- Passport-style photographs
- Form G-325A, biographic information
- Copy of government issued photo identification
- Copy of Birth Certificate
- Copy of passport page with non-immigrant visa
- Copy of passport page where the admission (entry stamp) is affixed
- Form I-94, Admission/Departure Record
- Proof of marriage to the US citizen within 90 days from entry
- Report of Medical examination and vaccination supplement, if applicable
- Form I-864, Affidavit of Support
- Copy of approved application (for example approved Form I-129F)
- Filing fee
Upon receipt of the documents, these will be assessed for authenticity and completeness. The couple may also be subsequently scheduled for an interview to be held in the designated USCIS Center.
All the gathered information will be used in determining whether the applicant is already eligible for permanent residency. The applicant will be notified of the decision in writing.