Integrity Legal

There are certain questions that seem to come up repeatedly when dealing with clients and prospective clients in Thailand. I thought that todays post could review some of the more frequently asked questions regarding the US Immigration process, specifically from Thailand.

1. Do two fiances need to have met before applying for a K1 visa?

The short answer: Yes. The Long answer: a couple should have met, but this requirement can be waived. In certain instances, USCIS will waive the meeting requirement if the applicant or petitioner can show a compelling reason why they have not met their fiancee within the past 2 years. That being said, it should be borne in mind that in order to have this requirement waived, a high threshold must be overcome in that the petitioner must show a compelling reason why he or she could not have met their fiancee. This burden of proof is on the level of showing “extreme hardship,” for waiver purposes.

2. Is it okay if my Thai fiancee speaks no English and only speaks Thai?

Strictly speaking, there is no language requirement with regard to US Immigration from Thailand. That being said,  having no shared language would raise issues as to whether the couple is in a bona fide relationship, because if they cannot communicate, then it could be inferred that the relationship is not genuine.

However, in cases where it is a Thai-American wishing to file a K1 application for a Thai and the couple shares a common language (Thai), this would not be as much of a pressing issue.

3. Can I file for more than 1 K1 Fiance Visa?

Yes, but with restrictions. Under the International Marriage Broker Regulation Act (IMBRA) restrictions have been placed upon multiple filers of K1 Visas. Basically, if one wishes to file for a second K1 visa within a 2 year period after initially filing for another K1 visa, then the petitioner will need to obtain a waiver of IMBRA restrictions from USCIS.

4. How much money do I need to make in order to prove an ability to support a Thai fiance or wife?

The amount of income necessary to prove an ability to support a Thai fiancee or spouse varies depending upon the number of dependent a US Citizen petitioner has. Check the Affidavit of support financial requirements to learn more. Also, if one does not meet the income requirement, then a joint sponsor may be utilized.

Can a Permanent Resident Apply for a K1 Visa?

No, only a US Citizen is entitled to file a petition on behalf of an alien fiancee.

Can I apply for a K1 or Marriage Visa for my Partner of the Same Sex?

Under Current law, Same Sex couples are restricted from many of the family based immigration categories. However, the Uniting of American Families Act is a piece of pending legislation. The UAFA would grant, “permanent partners,”  the same immigration rights as different sex couples.

Thanks for reading,

For more information please see:

Thailand K1 visa

Thai Fiance Visa

US Visa Thailand

(Note: Nothing Contained herein should be used in lieu of individualized legal advice from a licensed attorney. No attorney-client relationship (express or implied) is created between the reader and the writer of this post).

Tags: IMBRA, k1 application, k1 process, K1 Visa Thailand, multiple k1 visas, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa Thailand | 1 Comment »

For general information about problems with a Us visa application please see: US Visa Denial Thailand.

The process of obtaining a visa for a loved one to the United States can be long and complicated.  At the end of the process, the last thing a prospective applicant wants to receive is a rejection and denial of the visa application. However, this can occur and in situations in which it does occur there are remedies. In other posts on this blog, the topic of waivers of inadmissibility has been discussed. This post will briefly recap the topic and add some new information about where a waiver application can filed and clear up confusion about what types of waivers exist under current legislation.

IMBRA Waiver with USCIS

One point of confusion that I have heard from prospective visa petitioners involves the IMBRA (International Marriage Broker Regulation Act). Pursuant to the IMBRA,  one must obtain a waiver in order to file multiple K1 petitions within a two year period. Although this provision denotes a waiver requirement for a multiple filer of K1 visas, this type of waiver is contemporaneously with the I-129f application for Fiance Visa. (It would be prudent to consult with an Immigration attorney if you believe you may be subject to multiple filer restrictions under IMBRA).

US Waivers of Visa Denial at the US Embassy in Bangkok, Thailand

Should the visa be denied at the US Embassy in Bangkok, then one must first decipher the type of denial. Technically a 221 g refusal is a visa denial, but from a practical standpoint it is merely a visa denial pending further documentation or information. Therefore, it is possible to cure whatever deficiencies exist and ultimately obtain the visa.

Sham Relationship or Marriage

If the consular officer makes a decision that a marriage of fiance relationship is not genuine, then the visa could be denied and that decision is not subject to waiver or appeal. This is why proving up the legitimacy of a relationship or marriage at the US Embassy in Bangkok is so important.

Consular Finding of Legal Inadmissibility

If the consular officer finds that the applicant for a visa is legally inadmissible then the visa will be denied, but the finding of inadmissibility may be remedied through the approval of a waiver of inadmissibility (most likely an I-601 waiver application).

Where is the Waiver Application Filed

It is possible to file a waiver application with the consular officer at the US Embassy. However, this method may be inefficient as the Embassy will send the I-601 waiver application to USCIS for adjudication. It may be faster to simply file an I-601 application with USCIS directly.

On another related note USCIS Bangkok has administrative jurisdiction over USCIS filed offices in  New Delhi, India; Seoul, Republic of Korea; Beijing and Guangzhou, People’s Republic of China; Hong Kong, Special Administrative Region of China; Manila, Philippines; and Ho Chi Minh City, Vietnam. In its capacity as Bangkok’s District Office it has jurisdiction over Australia, Burma, Brunei, Cambodia, East Timor, Laos PDR, Indonesia, Singapore, Thailand, Malaysia, and New Zealand. Therefore an I-601 waiver application for a US visa to be obtained from an Embassy in any of these countries can be filed at USCIS Bangkok.

Thanks for reading and for more on US Immigration from Thailand please see:

K1 visa application

Fiance visa application

US Visa Thailand

(Please note: this writing should not be used in lieu of legal advice from a licensed attorney with experience in US Immigration matters. No relationship (attorney-client or otherwise) should be implied from reading this article.)

Tags: 221 (g), Inadmissibility, K1 Visa Thailand, US Visa Thailand, visa denial, Visa Refusal, Visa Waiver
Posted in Fiance Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | 7 Comments »

What Happens After the K1 Visa Interview?

After the visa interview a fiancee will either receive a 221 g request for more information, an outright denial, or an approval of the visa application and a visa will be placed into her passport.  A frequently asked question: how long before she must use the visa to the USA? Generally, the answer to this question is 6 months from the issue date. Therefore, a Thai fiancee will need to present her visa at a port of entry in the USA within 6 months of visa issue or else the visa will expire and she will need to obtain a new one before presenting herself at the port of entry again. Getting past the port of entry is usually a smooth process and the worst inconvenience imposed upon the Thai fiancee will likely be the existence of a long line at the United States Customs and Immigration checkpoint.

So you have gotten your fiancee to the United States from Thailand using a K-1 Fiancee. She has gotten past the port of entry in the United States and she is currently in lawful K1 status in the USA: Now What?

A question many couples pose after completing the K-1 visa obtainment process is: does my fiancee need to leave the USA within 90 days? No, you and your fiancee must get legally married and apply for adjustment of status to permanent residence in order for your fiancee to remain in the US legally. While an adjustment of status application is pending the Thai fiancee is entitled to remain in the USA.

If the couple decides that for logistical reasons a marriage is not feasible, the the Thai fiancee will need to depart the United States before the visa’s validity expires.  An issue that arises with regard to this type of situation: under the provisions of the International Marriage Broker Regulation Act a US Citizen is only allowed to petition for one K1 visa every 2 years and if petitioning for more than one K1 within that time period, a waiver must be obtained. Generally, where there was good reason for failure to conduct a marriage and this reason is properly explained to the USCIS adjudicator, a waiver will be issued and the couple would be able to obtain a second fiance visa.

Please see US Visa Thailand for more information

(Please note: Nothing contained within this blog post should be construed as creating an attorney-client relationship between author and reader. This post is meant for informational purposes only and is not meant to act as a substitute for individual legal advice from a licensed attorney.)

Tags: Adjustment of Status, Fiance Visa Thailand, IMBRA, K1 Visa, K1 Visa Thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa Thailand | No Comments »

Buddhist marriage ceremonies are a very interesting aspect of Thai culture. Many Thai and American fiances choose to conduct a customary religious ceremony in order to convey to the world the couple’s mutual desire to remain together and express their commitment to their partner. As Thailand is not a common law country, the idea of “common law marriage,” is not a concept specifically recognized under Thai jurisprudence. Therefore, if a marriage is not duly registered at an Amphur office (a Thai government office with a mandate akin to a department of vital statistics in the United States), then Thai law is unlikely to recognize any type of domestic partnership exists. Therefore, from a practical standpoint, without a duly formalized marriage execution and issuance of a marriage certificate: no marriage exists.

A question often posed by prospective K1 Visa seekers is: if I have a ceremonial or customary marriage in Thailand, will that preclude obtainment of a K1 visa because the Thai fiance no longer meets the legal definition of “fiancee,” under relevant immigration law?

The question of Thai customary wedding ceremonies is not a cut and dried issue, but it can be said that without a registered marriage, then in the eyes of US Immigration law, the couple is not married. Therefore, a couple who have performed a customary wedding ceremony in Thailand, but have not executed a legal marriage will likely be able to obtain a Fiance visa.

From a US Visa and Immigration perspective, the odd upshot of conducting a customary marriage ceremony is the fact that the ceremony can act as evidence in further proving the bona fide nature of the underlying relationship. However, it may be wise to retain representation because explaining the legalities and details of a Thai-American couple’s relationship to the immigration authorities can require legal expertise. Basically an attorney would explain the situation and press home the fact that the couple is not legally married and therefore they meet the definition of fiances for the purpose of American immigration law.

A related question with regard to lack of marriage registration comes up with regard to children born of a Thai Citizen and an American Citizen. Many people ask if American Nationality can be conferred if the marriage was not legally formalized. The short answer to this question: if the child is born of an American Citizen, then the US Citizen’s citizenship will likely transfer to the child automatically upon birth. There are some limitations on this general rule where the US Citizen parent has not had presence in the USA for a statutorily defined amount of time and therefore cannot transmit Citizenship. In a case such as this in Thailand, an Immigration Attorney in Thailand should probably be consulted in order to understand the child’s US Immigration and Nationality options.

For information on US Marriage Visas from Thailand please see:

K3 Visa Thailand

US Marriage Visa

(Note: Nothing in this post should be subsequently used in lieu of individual legal advice from an attorney. No attorney-client relationship is created between the reader and author of this post.)

Tags: Fiance Visa, K1 Visa, K1 Visa Thailand, Marriage Registration, Thai fiancee, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »

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 »

Waivers of Inadmissibility from Thailand: Brief Synopsis

In previous posts the topic of grounds of inadmissibility has been discussed. A grounds of inadmissibility is the legal finding by a consular officer that an immigrant is ineligible for a visa to the USA. Most grounds of inadmissibility have a remedy should one decide that they still wish to immigrate to the USA. That remedy is a waiver. A waiver application is adjudicated by USCIS and upon the granting of a waiver the petition is sent back to the US Embassy where the visa is approved and granted.

However, not all grounds of inadmissibility can be waived and this post briefly discusses two major unwaivable grounds with regard to US Visas from Thailand. (Note: A Waiver of Inadmissibility is not an “appeal,” of the consular officer’s denial of a visa petition. Some publications, particularly on the internet, claim that a decision to deny a US Visa can be “appealed,” strictly speaking this is not true, a waiver is a petition seeking to have a ground of inadmissibility waived so that the visa petition may be approved.)

Although generally there are many waivers of inadmissibility allowed under the Immigration and Nationality Act of the United States, there are some situations in which an alien will be deemed inadmissible to the United States in perpetuity.

Drug conviction

Currently, a prior criminal conviction involving drugs is a grounds of inadmissibility with no available waiver. That being said, if the conviction was for simple possession of marijuana of a quantity less than 30 grams, then a waiver may be sought.  In Thailand, many of those applicants with drug convictions were arrested and convicted for activities relating to “yabaa,” the Thai street term meaning methamphetamine. Unfortunately, a conviction involving methamphetamine would lead to a likely finding of inadmissibility that and a waiver could not be obtained.

False Claims of US Citizenship

Another ground of inadmissibility that cannot be waived is a finding that an applicant has falsely presented themselves as a US Citizen on a prior occasion. At one time, falsely claiming US Citizenship was not an unwaivable ground of inadmissibility, but recent amendments to the US Immigration and Nationality Act have  resulted in a policy that claiming false citizenship in nearly any way is a grounds of inadmissibility without recourse to a waiver.

These two grounds of inadmissibility are not the only two grounds that have no recourse to a waiver, but they are more common than most other unwaivable grounds which is hy they were briefly mentioned here.

(Note: Nothing in this post should be taken as a substitution for legal advice from a duly licensed attoney with experience practicing US Immigration law. No Attorney client privilege should be inferred from reading this article.)

For more about Family Visas from Thailand please see

K1 visa

K3 visa

Tags: I-601, Inadmissibility, us embassy bangkok, US Visa Thailand, USCIS, Waiver
Posted in Fiance Visa Thailand, us embassy bangkok, US Visa and Immigration, US Visa Thailand | No Comments »

What is NVC?

The process for obtaining US Immigration benefits can be cumbersome at times,  but overall is generally smooth provided one understands the process or retains the services of an attorney with experience in immigration matters.

An often asked question regarding the visa process is: what is NVC and what do they do? NVC is an acronym that stands for National Visa Center. The National Visa Center is government office under the jurisdiction of the United States Department of State. NVC is located in Portsmouth, New Hampshire. The mandate of the National Visa Center is to process visa applications and ensure that visa petitions filed inside of the US for beneficiaries living abroad are transferred to the post with jurisdiction over the beneficiary’s home.

The National Visa Center is also responsible for collecting immigrant visa fees as well as certain documentation that will be needed in order for the consular officer to effectively adjudicate a US Visa application.

NVC processing: Non-Immigrant vs. Immigrant Visas

National Visa Center processing is more complicated and time consuming when it comes to US Immigrant Visas as opposed to Non-Immigrant visas. One of the activities that the National Visa Center routinely does is security clearances and background checks on those seeking to come to the United States. Since September 11, 2001 the National Visa Center has played an integral part in ensuring that visa applicants are properly screened in order to be assured that they do not pose a threat to United States security.

The National Visa Center (NVC) is sometimes confused with the NBC or National Benefits Center which is tasked by USCIS with maintaining processing pre-interview documentation for immigration interviews in the USA.

For those seeking to bring a Thai fiance to the United States on a K1 Visa, the processing at the National Visa Center will likely be faster than for those seeking to obtain an immigrant visa for their Thai loved one. This also holds true for the K3 Visa from Thailand for the supplemental I-129f petition. In any case, after the visa petition is approved by USCIS it is forwarded on to the National Visa Center and upon approval from that agency will be sent to the US Embassy or Consulate General.

Depending upon the caseload of the NVC at any given time it can take anywhere between 2 and 8 weeks to process a petition and forward it to a post abroad. However, this is merely an estimate and the processing time for all US agencies varies.

When filing a US Visa petition locally at USCIS in Bangkok, the National Visa Center does not enter into the process as the petition is forwarded literally across the street to the US Embassy in Bangkok.

(Note: Nothing in this document should be viewed as creating an Attorney-Client Relationship. Also, nothing written herein should be taken as a substitute for individualized legal advice from a licensed attorney.)

Tags: CR1 Visa, IR1 Visa, K1 Visa, K1 Visa Process, K3 Visa, National Visa Center, NVC, us embassy bangkok, US Visa Thailand
Posted in Fiance Visa Thailand, National Visa Center, US Visa and Immigration, US Visa Thailand | 3 Comments »

An extremely popular question asked by those seeking to bring a loved one to the United States from Thailand revolves around whether it is possible to obtain a tourist visa from the US Embassy in Bangkok. The crux of the problem with tourist visas comes down to an inability of most applicants to overcome the consular officer’s presumption of immigrant intent.

Tourist Visas and Immigrant Intent

Under section 214 (b) of the United States Immigration and Nationality Act, a consular officer at a diplomatic post is required to presume that all applicants for a non-immigrant visa actually are intending immigrants. In order for an applicant to overcome this presumption, they must produce evidence which denotes that the applicant has a compelling reason to return to Thailand after visiting the United States. Evidence of a compelling reason to return to Thailand includes: Employment in Thailand at a high salary (the salary itself is not so much of likely interest to a consular officer per se, but the fact that a high salary is not something most people abandon), strong family ties to the Kingdom,  and investments in Thailand that are difficult to abandon (real property, small business, etc.). This list is not exhaustive, but is simply intended to give an idea of what consular officers are looking for when determining whether an applicant has overcome the presumption of immigrant intent.

Is a US boyfriend or husband a “poison pill,” for a Thai’s US Tourist Visa Application?

Some people believe that the presence of an American as the Thai’s primary partner in a relationship causes an automatic denial of a tourist visa application. The author does not believe this to be the case. Instead, where the Thai applicant has an American significant other, the applicant must still show that they overcome the presumption of immigrant intent. The difference when there is an American present comes down to showing that the couple is not utilizing a tourist visa to circumvent the conventional method for immigrating to the US by entering on a tourist visa and attempting to regularize status and obtain permanent residence. Put simply, the couple needs to show that they are using the visa for its legitimate purpose: tourism.

If a K1 Visa is a non-immigrant visa, why can a Thai fiancee remain in the USA on it?

In a way, the K1 Visa is a fusion of elements of both the non-immigrant and immigrant visas. The visa allows the Thai fiance to enter the US for 90 days for the sole purpose of marriage to a US Citizen and adjustment of status in order to remain in the USA. The visa was created to allow couples the opportunity to see if a marriage will work and if the couple decides that it will, then status adjustment is permitted. So the visa is non-immigrant insofar as it has a definitive expiration date, but if the K1 visa holder complies with the visa and decides to marry stateside, then they can remain in the USA with a minimum amount of legal difficulty.

Please note: None of the above should be construed as creating an attorney client relationship nor should be used in lieu of legal advice from a competent licensed attorney

Tags: Fiance Visa Thailand, K1 Visa Thailand, tourist visa thailand, us embassy bangkok, US Visa Thailand
Posted in Fiance Visa Thailand | 1 Comment »