Integrity Legal

We discuss the K1 visa on this blog frequently. A K2 visa is a derivative child visa designed for the child of a beneficiary of a K1 fiance visa. Under the government interpretation of US Immigration law. Children in the United States of America on a K2 visa who fail to adjust their status before the age of 21 “age out,” and must leave the country, apply for a new visa, and then return to the USA on an Immigrant visa. Unfortunately, this system can result in a delay of months or years for the would-be K2 visa beneficiary as Immigrant visa applications for the 21 year old step children of US Citizens can take as long as 3-5 years to be adjudicated. At the time of this writing, the case known as In Re Qiyu Zhang is pending in the US court system and could change this rule.

Advocates for United States Immigration reform await the outcome of this case with great anticipation as a favorable opinion would provide many new benefits to the children of American Immigrants. The American Immigration Lawyers Association (AILA) has filed a brief in support of ending the “age out” interpretation of the K visa statute. To quote the American Immigration Lawyer’s Association directly:

“[T]he only reasonable interpretation of the K visa provisions is that Congress intended that a K-2 visa beneficiary be able to adjust status within the U.S. even after turning 21. Any other interpretation produces absurd results. Congress explicitly provided that the child of a fiancé(e) K-1 visa holder was eligible for a K-2 visa and admission to the U.S. up until he or she turned 21. Under DHS’ interpretation, K-2 beneficiaries …who are admitted to the U.S. shortly before their 21st birthday, and who thus have insufficient time to complete the adjustment process, must immediately depart the U.S. upon turning 21. Congress certainly did not intend for some K-2 visa beneficiaries to be restricted to a visit to the U.S. – in some cases, for only a matter of days – the result that flows inevitably from DHS’s interpretation of the statute. Instead, as demonstrated below, the statute can and must be interpreted to allow all K-2 visa holders, no matter their age after admission, a viable path to adjust to lawful permanent residence status.”

This writer concurs with the opinion in the aforementioned brief as K2 beneficiaries should be allowed to adjust staus even after they have turned 21. Even though the K2 could technically be considered a dual intent travel document, the primary reason for its use is for children to travel to the US and adjust status. In this case, denying Immigration benefits due to age is too arbitrary and failure to adjust status because one reaches the age of 21 violates the spirit of the K visa statute.

Tags: Add new tag, Adjustment of Status, Adjustment of Status Thailand, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-2 Visa, K1 Visa, K1 Visa Thailand, K2 adjustment of status, K2 Visa, k2 visa thailand, US Visa, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, Legal Opinion, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a previous post on this blog we discussed how the Center for Disease Control, in conjunction with the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Service (USCIS), is in the process of taking HIV off of the list of diseases that will bar entry into the USA. Recently, it has come to this author’s attention that the vaccine for the Human Papillomavirus (HPV) will no longer be a requirement for those seeking to immigrate to the United States of America. Under the current regulations, it is required that all applicants seeking an Immigrant visa, or a non-immigrant dual intent visa such as a K1 visa or K3 visa, are required to be vaccinated against HPV if they are under the age of 26 at the time of application. This requirement can lead to considerable expense for those wishing to obtain United States Immigration benefits.

The American Immigration Lawyers Association (AILA), recently released information from the Final Notice on Criteria for Vaccination Requirements, the follow are excerpts from that notice:

“On April 8, 2009, the Centers for Disease Control and Prevention (CDC) published a notice in the Federal Register (74 FR 15986) seeking public comment on proposed criteria that CDC intends to use to determine which vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) for the general U.S. population should be required for immigrants seeking admission into the United States or seeking adjustment of status to that of an alien lawfully admitted for permanent residence. This final notice describes the criteria that CDC has adopted.”

The notice goes on to discuss the criteria that the CDC and US Immigration officials use to determine whether or not intending immigrants should be required to get a vaccination. After a detailed analysis of the guidelines, policy, and regulations the report concludes:

“Therefore, because HPV does not meet the adopted criteria, it will not be a required vaccine for immigrant and adjustment of status to permanent residence applicants.”

The proposed rule will likely be effective early in 2010. However, it should be noted that until the rule is finalized the current rules and regulations still stand. Therefore, those intending immigrant being interviewed at the time of this writing must still get the required HPV vaccination if they are under the prescribed age. Currently, this is not a requirement for tourist visas, student visas, and exchange visitor visas as such travel documents are classified as non-immigrant. Even though the K1 fiance visa and K3 marriage visa are technically non-immigrant visas they are treated as immigrant visas for the purposes of the aforementioned rule because these visas allow for dual non-immigrant and immigrant intent.

Tags: American Visa Thailand, Fiance Visa Thailand, HPV Vaccine, K1 Visa Thailand, US Visa Thailand, USA Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

An interesting hypothetical question that is sometimes posed when researching the K1 visa is: who can my Thai fiancee marry once she arrives in the United States of America?

After issuance of a fiance visa, a beneficiary has six months to use the visa for travel to the US. The K1 visa is a single entry visa. Therefore, the beneficiary will only be allowed to enter the United States one time (if multiple entries are necessary, then the beneficiary must obtain an advance parole travel document). After entry, the beneficiary must marry the petitioner and apply for adjustment of status to conditional lawful permanent residence in the USA, but what happens if the beneficiary and petitioner decide not to get married? This occasionally occurs and in this situation the foreign fiancee must leave the USA within 90 days from their date of arrival.

In rare cases, a foreign fiancee will meet another individual and a romantic relationship arises. In this situation, there is not a way for a for fiancee to adjust status to permanent residence based upon marriage to another US Citizen or lawful permanent resident), if that US Citizen (or lawful permanent resident) is not the person specifically named on the K1 visa. In order to adjust status in this situation, the foreign beneficiary would need to leave the USA, obtain a new visa,  and reenter.

The K1 visa was designed to provide the foreign fiancee of a US Citizen with a travel document to be utilized for the sole purpose of specifically marrying the US Citizen petitioner. Therefore, an adjustment of status cannot be executed based upon a marriage to anyone else. There is a misconception that a K1 visa beneficiary can marry anyone in the USA and use that marriage as a basis for adjustment. This author believes that this misconception is based upon the fact that sometimes US Citizens will marry and adjust status with a foreign national present in the US on a tourist visa. Although this practice is very frowned upon by the Department of Homeland Security, it is possible to adjust status this way provided the foreign national did not enter the country with that undisclosed intention. That being said, in the case of the K1, the beneficiary may only adjust status based upon a marriage to the K1 petitioner.

On a related note, after adjustment of status, the foreign spouse will be considered a conditional lawful permanent resident (CR1) of the USA. The conditionality is based upon the continuation of the underlying marital relationship. Should the parties divorce while the beneficiary is in CR1 status, then the foreign spouse’s permanent residence will expire at the 2 year anniversary of the adjustment of status. However, a foreign spouse could remarry during this time period and apply for an adjustment of status based upon a marriage to another US Citizen. In this scenario, it would be highly likely that the officers at the United States Citizenship and Immigration Service (USCIS) would carefully scrutinize the bona fides of both relationships in order to be certain that the relationship is genuine.

No one should attempt to utilize a visa based upon false pretenses, the above scenarios are meant to provide insight into how the Immigration rules apply in practice. Applying for a visa based upon false statements of fact could be construed as an attempt to defraud the US Immigration service.

Tags: Adjustment of Status, Fiance Visa Thailand, K1 Visa Thailand, US Immigration, US Immigration Law Thailand, US Immigration Thailand, US Marriage Visa, US visa Law Thailand, US Visa Thailand, USCIS
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Although this blog primarily focuses upon United States immigration for couples, we sometimes overlook the fact that the Petitioner may be a woman and the Beneficiary may be a man. Many American women in Thailand meet and fall in love with Thai men. Eventually the US Citizen must return to America and the couple begins to research options for the Thai national’s entrance into the USA.

One of the first visa categories that many couples look at is the category B2 visa also known as the tourist visa. Unfortunately, as in situations with an American man and a Thai lady, the US Embassy in Bangkok is reluctant to issue such visas to those with an American girlfriend, fiancee, or spouse because the relationship itself constitutes a “strong tie” to the US which is evidence bolstering the presumption of immigrant intent under 214(b) of the United States Immigration and Nationality Act (INA). Many tourist visas sought for Thai loved ones of US Citizens are denied under the above section of the INA.

Fortunately, the US fiance visa may be a possibility for the Thai-American couple as the US citizen fiancee could sponsor the Thai fiance for a K1 visa. This visa would allow the Thai man to come to the USA for 90 days. After arrival, the couple must marry and apply for adjustment of status so that the Thai man will be a lawful permanent resident in the United States. Should the couple not marry, then the Thai must leave the US before the 90 day period of lawful Immigration status ends. Generally, it takes between 6 and 7 months to process a K1 visa.

US marriage visas are also an option for the Thai-American couple. The usual method for receiving marriage visa benefits is for the Thai man to marry the American lady at a local Amphur office (Civil registrar office) in Thailand. Once the couple is legally married they will be eligible to apply for a CR-1 visa by filing an I-130 Immigration petition. It usually takes between 11 and 12 months for such a petition to be processed.

For those who wish to expedite the marriage visa process a K3 visa could be employed to shorten the processing time. It currently takes 8 months to process the supplemental I-129f petition for a K3. This type of visa requires the filing of two petitions. At this time, the K3 visa is probably not the best method of obtaining Immigration benefits because the K1 has a faster processing time and the CR1 visa does not require adjustment of status after entry.

All in all, the US Immigration process is basically the same regardless of each parties gender. That being said, US federal law (the Defense of Marriage Act) still requires that the petitioner and beneficiary be of the opposite sex.

Tags: 214 b, 214(b), American Visa Thailand, Fiance Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, US Visa Thailand
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Thai Family Law, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa Thailand | No Comments »

Many married couples seeking United States immigration benefits submit an I-129f application for the K3 visa as a supplement to the filing of an I-130 petition for a IR1 or CR1 visa. Essentially a K3 application is a supplemental application because in order to obtain K3 benefits the couple must file a second application. The United States Citizenship and Immigration Service (USCIS) has two service centers where K3 visa applications are adjudicated. The I-130 application is submitted to a different USCIS location. During the USCIS processing phase the two petitions are adjudicated in a similar manner, but once the petitions are approved, the I-129f application for a K3 visa processes in a different manner from the I-130 application for a CR1 or IR1 visa.

The K3 visa process sees the I-129f quickly processed through the National Visa Center in New Hampshire (NVC) and sent to the US Embassy abroad.  Once at the US Embassy the couple will need to gather documentation and prepare for the K3 visa interview. However, this phase of the process begs the question: is it better to adjust status in the USA or wait for the CR1 visa application to process through the NVC and obtain a CR1 visa from the US Embassy abroad? The CR1 visa takes longer to process as packet 3 is sent to the NVC rather than directly to the Embassy. NVC processing of an Immigrant visa (CR1/IR1) can take a great deal of time. However, the benefit of entering in CR1 status is that the Beneficiary enters with Lawful Permanent Residence upon arrival in the USA. Where the Beneficiary enters the US in K3 visa status,  she is not stamped in with lawful permanent residence. Instead she must submit an application for adjustment of status sometime after her arrival in the USA.

In general, it takes approximately 6 months to process an adjustment of status application in the United States. However, the K3 visa beneficiary is entitled to depart from, and return to, the USA while the adjustment is processing because the K3 visa is a multiple entry visa and, once granted, it has a validity of 2 years. However, the adjustment of status process can be costly which is why some couples opt to forego the K3 visa application and simply wait for the approval of the I-130 application for a CR1 or IR1 visa.

It may be possible to have it both ways. A K3 visa beneficiary could go to the USA and return to Thailand to have the CR1 visa interview at the US Embassy in Bangkok. This method is often utilized where a couple wishes to briefly be reunited in order to celebrate the holiday season or an anniversary. Upon the foreign national’s subsequent entry into the USA in CR1 or IR1 status lawful permanent residence will begin and the K3 visa will be effectively nullified.

Tags: Adjustment of Status, CR1 Visa, CR1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Embassy, us embassy bangkok, us embassy thailand
Posted in Adjustment of Status, CR1 Visa, K-3 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Recently the United States Citizenship and Immigration Service (USCIS) issued an update reminding foreign nationals in the United States about advance filing for advance parole travel documents. The American Immigration Lawyers Association website summed up this update:

“USCIS reminds individuals that they must obtain Advance Parole (permission to reenter the U.S. after traveling abroad) from USCIS before traveling abroad if they have: been granted TPS; pending application for adjustment of status to lawful permanent resident; a pending application for relief under NACARA 203; a pending asylum application; or a pending application for legalization.”

Advance parole is a particularly relevant issue with regard to those who enter the United States on a K1 fiance visa. K1 entrants have 90 days to marry and file for an adjustment of status. In many cases, applicants file for an advance parole travel document at the same time that they file for the adjustment. That being said, other applicants opt not to take this course of action. In the event of an emergency it may be possible to obtain an expedited advance parole, but these are only granted at the discretion of the adjudicating officer at the local office of USCIS that has jurisdiction over the Petitioner’s (and Beneficiary’s) place of residence.

Even where it may not be immediately necessary, there may be some benefit in applying for an advance parole travel document at the time of adjustment because one never knows what might happen and a sudden family emergency in the Beneficiary’s home country could have the doubly negative effect of causing the Beneficiary to fall out of lawful status, if she leaves the US, with the result that the entire visa process must begin anew.

Even though the K3 visa is a non-immigrant dual intent visa similar to the K1 visa, it does not require advance parole for the beneficiary because it is a multiple entry 2 year visa. Therefore, the K3 visa holder does not fall out of status if they depart the US while their adjustment of status petition is pending. The CR1 and IR1 visas are immigrant visas, therefore, the adjustment process has essentially been completed when the Beneficiary enters the USA. With that in mind, if the CR1 or IR1 visa holder intends to be outside of the United States for longer than 6 months it may be advisable to obtain a US reentry permit as this would forestall a presumption that the permanent resident has abandoned his or her US residence.

Tags: advance parole, CR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa Thailand, USCIS
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Miscellaneous, US Visa and Immigration, USCIS | 3 Comments »

Recently, Alejandro Mayorkas was appointed as the Director of the United States Citizenship and Immigration Service within the United States Department of Homeland Security. Mr Mayorkas was recently interviewed by members of the United States and foreign press corps in an effort to hear his views on United States Immigration policy and the future of US Immigration law.

Below are some of the important quotes that this author found both interesting and insightful, the full interview transcript can be read here.

This blog is mostly dedicated to United States family immigration and visas. Therefore, it was a pleasure to hear that Mr. Mayorkas considers US Family Immigration to be a major priority of his agency:

“…One of the goals of an immigration system[:] family unification. Do the laws that we have now achieve that most ably? That’s a question that is — that I think is a valid one to ask. And so we have to take a look at the goals, as a nation, of our immigration system and ask does the structure that we have in place – or do the mechanisms that we have in place accomplish those goals most ably, most completely and most efficiently? And where there are shortcomings, that is, indeed, what immigration reform is in part about.”

As we have posited previously on in this forum, the current system of adjudicating non-immigrant family visas could be considered redundant and a poor distribution of resources. In the case of the K1 visa and the K3 visa one could make a valid argument that such visas, as they involve the doctrine of dual intent, could be completely adjudicated at the Embassies and Consulates abroad while letting USCIS deal with more pressing issues at home. If K visa non-immigrant family members do decide to adjust status, then the USCIS will need to deal with the case as the adjudication will occur under their domestic authority.

Mr. Mayorkas was also quoted as saying, “The fact that I myself was once a refugee to this country informs my views of our agency’s mission and the priorities that we will carry forward, during the time that I am privileged to serve.” This author is definitely happy to see a Director who has personal knowledge of the Immigration system. Hopefully, these personal insights will result in a net benefit for everyone who has dealings with USCIS.

The Director was further quoted as saying,

“The goal of family reunification is indeed one that we hold dear to our efforts as we try to administer the immigration laws fairly and with justice always in mind. Ultimately, our adjudications are indeed on an individualized basis, and there are mechanisms that the law acknowledges to achieve family reunification in particular cases. And that is very much a part of the work that we do.”

This author is happy to hear such sentiments from the Director of USCIS and hopefully this is a sign of things to come as the Immigration system becomes a more compassionate and efficient agency of the US government.

Tags: Alejandro Mayorkas, American Visa, K1 Visa, K3 Visa, US Immigration, US Visa, US Visa Thailand, USCIS
Posted in Adjustment of Status, K1 Visa, K3 Visa, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

There is something of an “alphabet soup,” when it comes to discussing United States Immigration. There are many agencies under the jurisdiction of the United States Department of Homeland Security (DHS), the most important from an Immigration standpoint are: the Immigration and Customs Enforcement (ICE) agency, Customs and Border Protection (CBP), and the United States Citizenship and Immigration Service. Meanwhile, the United States Department of State (DOS) has jurisdiction over the National Visa Center (NVC) as well as United States Embassies and Consulates outside of the USA. This mix of acronyms alone can cause a sane man to go crazy, add on top of this the fact that sometimes different phases of the Immigration process have the SAME acronym and one is left very befuddled.

For example, the process of converting a K1 visa to permanent residence (Green Card) is called Adjustment of Status. when a Thai fiancee travels to the United States on a K1 visa she has 90 days to execute a legal marriage and submit an application to regularize her status. As stated previously, this is commonly referred to as adjustment of status.  It is possible to adjust other non-immigrant visas, such as J1 visas, F1 visas, or B2 visas, but it can be more difficult and one should not travel to the US using one of these visas with the intent to adjust as these categories do not allow for dual intent. One should not confuse the adjustment of status process with the change of status process, which is the process of converting a visa from one non-immigrant visa category to another.

Another “AOS” commonly used in United States Immigration vernacular is the Affidavit of Support. The affidavit of support is the document showing that a United States Citizen or Lawful Permanent Resident can financially maintain a foreign fiancee or spouse in the United States. The worry of government officials is that the foreign loved one may become a “public charge,” the affidvait of support is used to illustrate that this will not be an issue. An affidavit of support is signed by a K1 visa petitioner and submitted at the visa interview at the United States Embassy. At the time of the adjustment of status a different affidavit of support is submitted. K1 visa applications also utilize a different affidavit of support compared to visa petitions for a foreign spouse (K3 visa, Cr1 visa, Ir1 visa).

Tags: Adjustment of Status, Affidavit of Support, American Visa Thailand, AOS, CR1 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, US Visa, US Visa Thailand, USA Visa
Posted in Adjustment of Status, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Thailand Embassy, us embassy bangkok, US Embassy Burma, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

On this blog, we commonly make reference to Notice of Action 1 or NOA 1. In an effort to provide the most high quality repository of United States Immigration definitions for those seeking a US Visa from Thailand providing a brief overview of this official Immigration notice is required.

In many United States Immigration matters, particularly family Immigration cases from Thailand, the visa application must first receive approval from the United States Citizenship and Immigration Service (USCIS). This agency is one of many that reports to the Secretary of the United States Department of Homeland Security (DHS).

When a couple opts to apply for a United States visa, they often apply for one of the following categories: CR1 visa, IR1 visa, K3 visa, or K1 visa. The CR1, IR1, and K3 are all United States Marriage visas while the K1 visa is a fiancee visa. All of these visas require USCIS pre-approval before a visa interview can be set. Conversely the B1 visa, B2 visa, F1 visa, and J1 visa are all non-immigrant visa categories (that do not permit dual intent) and therefore do not require USCIS pre-approval. It should be noted that the non-immigrant visa categories are much more difficult to acquire for loved ones of United States citizens due to a provision in the United States Immigration and Nationality Act called 214b. This provision creates a legal presumption that must be overcome by the foreign applicant before the visa will be issued.

When a United States Citizen files for a K1, K3, CR1, or IR1 visa they first file an application at a USCIS Service Center. There are two USCIS Service Centers that accept applications for the aforementioned visa categories and the petitioner’s residence will determine where the application should be filed. The petitioner will send in the application and upon receipt, the USCIS Service Center will generate a receipt referred to as Notice of Action 1 (or NOA1). This receipt will note the names of the Petitioner and Beneficiary as well as the date of receipt and the date the notice was generated. The receipt will also show a case number.

For those who retain the services of a US visa lawyer, a copy of Notice of Action 1 will be sent to the attorney provided the attorney submitted a G28 form with the application. Before retaining an attorney it is wise to make certain that a G28 form will be submitted because it is important to facilitating efficient visa processing. Fake lawyers and so-called visa agencies cannot represent clients before USCIS so it may be wise to inquire as to the credentials of any proposed representative. Unfortunately, in the Kingdom of Thailand, there are many unauthorized services masquerading as licensed US Immigration attorneys.

The Notice of Action 1 should not be confused with the initial letter sent from the US Embassy Thailand. This letter is commonly referred to a Packet 3 and is sent at a later phase of the US Immigration process.

Tags: American Visa Thailand, CR1 Visa, F1 Visa, Fiance Visa, J1 visa, K1 Visa, K1 Visa Thailand, K3 Visa, NOA 1, Notice of Action 1, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, General Legal Information, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

A happily uncommon issue that can arise in United States Immigration law is known as the “widows penalty.” The Widow’s penalty becomes an issue when the American Citizen Petitioner dies before the adjudication of a foreign spouse’s pending Immigration matter. For example, a widow of a United States Citizen could be penalized if her American spouse dies before the I-751 Petition to Remove the Conditions of Residence is adjudicated (also known as a “lift of conditions”). The logic underpinning the penalty is based upon the notion that the widow is no longer married to a United States Citizen and therefore cannot have conditions removed because the continuing marriage is the basis for removal of conditions. Currently, the United States courts are in the process of dealing with this issue and it would appear that there is an overwhelming feeling that the “widow’s penalty,” should be removed because it is somewhat inequitable.

In the recent case of Hanford v. Napolitano, a Texas Court held that the Widow of an American Citizen will be entitled to adjust status to permanent residence even if the American dies before adjudication provided the couple was lawfully married and there are no issues as to the bona fides of the relationship. To quote the court opinion:

“Under the plain language of the statute, Congress’s intent is clear: The Attorney General is precluded from adjusting the status of a non-immigrant except as a result of the marriage of the nonimmigrant to the very U.S. citizen who filed the petition in the first place to grant that alien’s nonimmigrant status. Situations such as Ms. Hanford’s meet the exemption. Plaintiff is entitled to adjustment of her legal status to that of permanent resident under the language of the statute because her legally filed application is a result of her marriage to the U.S. citizen who filed Form I-129F to obtain her nonimmigrant status.”

The Widow’s Penalty would seem to be falling by the wayside, but the law is not completely settled on the issue as some courts have differing rules regarding the adjudication of such cases. For those with a great deal of anxiety about their spouse’s ability to obtain an adjustment of status in the future, researching immigrant and non-immigrant visas may provide insight into the consequences of a US Citizen’s untimely death.  One major benefit of the Immigrant visa categories such as the IR1 visa and the CR1 visa is the fact that the foreign spouse enters the United States with lawful permanent residence upon entry. However, the processing time for these visas is considerably longer when compared with the K3 visa or the K1 visa.

Issues like this fully emphasize the reason why it may be imperative for an American to obtain licensed legal counsel for issues involving US visas. For more information about the importance of retaining licensed legal counsel, please see: How Can My Thai Fiancee Get US Citizenship?

Tags: Adjustment of Status, CR1 Visa, CR1 Visa Thailand, I-751, I751, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa, Widow's Penalty
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »