Spousal visa for a Thai citizen.?

I depends on the terms of her visa. Some of the J1 student visas include a restriction that the user must return, and remain outside the USA for 2 years.

If that is the visa she has, then she must leave.

If her visa does not have such restrictions, then you can marry, and apply for her "adjustment of status", in which case she will not have to leave.

Fred Wahl

Matchmaker

A visa is the permission to enter. If she's in the U.S., a visa is pretty much worthless. Instead, you file for Adjustment of Status (AoS) once you got married.

You do not fill the file I-130 alone. If you did, it would eventually end up at the U.S. consulate in Thailand, which is not where you want it to go. You'll fill the following forms concurrently with the USCIS:

I-130, I-485, I-864, 2 x G-325a, I-765, and I-131. The last two are optional but FREE when submitted concurrently, which is what you want and need to do. Also needed is a medical from an approved civil surgeon, form I-693, and a check for $1,490.

The whole thing takes about 3 to 5 months 'til the interview. Thereafter she'll get a conditional, 2-year Green Card. You two will have to remove conditions within the 90 days proceeding its expiration date.

She doesn't have to go back. Once you get married, you file I-130 Petition, I-864 Affidavit, G-352a and with all other required documents. And she files I-485 Adjustment of Status, I-639 Medical, I-765 Employment Authorization, I-131 Advanced Parole with all other required documents.

She will get her status adjusted in US.

http://www.visajourney.com/content/i130guide2

If you are a US citizen, it can all be done in the US. Details for concurrent filing of I-130 and I-485 here: http://www.uscis.gov/portal/site/uscis/menuitem.eb...

wrong

if she is already in the country legally you dont need a visa

you just follow this after marriage

http://www.familybasedimmigration.com/forum/adjust...

or get an Aila lawyer to check all your paperwork