Integrity Legal

The Role of the K3 Visa

I have written before about how the usefulness of the K3 Visa is somewhat questionable now that the processing times for both the K3 and CR-1 visas are relatively similar. However, this does not mean that the K3 Visa does not have its uses.

First, the K3 is still an expedited visa and it may be very useful where a couple is already married, but truly wishes to get the immigrant spouse to the United States as quickly as possible. Other positive aspects of the K3 include the fact that it is a non-immigrant visa that has multiple entries, so if the foreign spouse is not particularly interested in working there may be some tax benefits to using a K3 rather than taking permanent residence and thus possibly being liable for more US taxes as a green card holder (this is speculation as I am not a tax expert, so if this idea is appealing first check with an American tax attorney before making any decisions in this regard).

All of these benefits are fairly negligible when compared to the dual facts that a K3 takes longer than a K1 Visa, but does not grant permanent residence to the beneficiary like the CR-1 or IR-1 Visa. The fact is, the K-3′s original raison d’etre is gone: the Immigrant visas no longer take a great deal more time to process and therefore there is really no need for an expedited us marriage visa.

Strategic Use of the K3 Visa For an Unmarried Couple

The K3 has one major strategic advantage over the K1 and Immigrant visas, namely: the right to pick your Embassy for interview. Normally, a US visa will be adjudicated by a consular officer with a diplomatic mission in a fiancee or spouse’s home country (her country of nationality). Some people, for whatever reason, wish to use an Embassy other than their home country Embassy. There are myriad legitimate reasons for wishing to do this, but the usual reason revolves around the fact that a foreign fiancee or spouse may be working in a country other than their home country. This can pose problems because the 3rd country US Embassy may not take jurisdiction over the foreign spouse forcing them to come to their home country for interview, and should a 221 g be issued, a delay may result.

Embedded in the statute promulgating the K3 is a mechanism whereby a couple can choose which Embassy they wish to have jurisdiction over the eventual interview. If not yet married then it may be possible for a couple to use the K3 in order to choose the Embassy they wish to use at interview time. For an issue such as this it is prudent to contact a licensed attorney in order to obtain competent legal advice.  It may be wise to contact an American attorney in Bangkok in order to assist with the process in Thailand.

Note: None of the above should be used as a substitute for legal advice from a competent Licensed US Immigration Attorney in your jurisdiction.

For more please see us visa thailand or us embassy thailand

or contact Integrity Legal by email at [email protected]

Tags: 221 (g), Embassy, K1 Visa, K3 Visa, K3 Visa Thailand, US Marriage Visa Thailand, US Visa Thailand
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No one wishes to go through the stress of a visa denial. Unfortunately, US Visa denials are a semi-routine procedure at the US Embassy in Bangkok Thailand. For the most part, US Family Visas (Fiance and Marriage) are denied less often in comparison to employment, business, and tourist visas. That being said, denials do occur and information regarding visa denials can be rather scarce. Also troublesome is the prevailing idea, promulgated through some unethical advertisers, that US visa outcomes can be  “guaranteed,” the fact of the matter is: no outcome with regard to immigration can ever be 100% guaranteed. US Immigration law, like any other legal field, can be uncertain. This being said, proper legal advice from an American attorney experienced in US Immigration law could make a difference when it comes to obtaining a positive outcome in a US visa case.

US Visa Denial: Why is the US visa being denied by the Consular Officer?

One of the first determinations that should be made regarding a visa denial is whether the decision from the consular officer is final or whether there is a discrepancy that can be dealt with by presenting more information to the US Embassy. Family Visas like the US Fiance visa and the US Marriage visas will usually have different reasons for denial than an American tourist/business visa.

Tourist Visa Denials

With regard to denials of the US tourist visa, under section 214 (b) of the American Immigration and Nationality Act there is a presumption of “immigrant intent,” that must be overcome in the consular officer’s judgment in order for a US visitor visa to be granted. If the consular officer does not believe that the applicant for a US visitor visa has provided enough evidence to overcome this presumption then the officer will not grant the visa.  If denied one is entitled to refile and have a new interview, but where there is no material change of situation, it is unlikely that a tourist visa will be granted.

221 G Refusals

In the case of US family immigration from Thailand, a very common visa denial is the 221 g refusal.  A 221 g is not a denial so much as a refusal to approve a visa application due to a lack of evidence. When a consular officer issues a 221 g they do so by giving the applicant a form with a checklist of things the applicant needs to produce in order for the visa to be approved. Sometimes the necessary items are difficult to obtain and therefore, at least in Thailand, it may be necessary to obtain a Bangkok Lawyer licensed in the US with experience in immigration law. Sometimes the 221 g requires documentation that is easy to obtain and therefore professional assistance is not necessary.

Visa Denial Based Upon Grounds of Inadmissibility

The Grounds of Inadmissibility are the statutorily created reasons for visa denial as stipulated in the US Immigration and Nationality Act. Most of the Grounds of inadmissibility can be waived by filing an I-601 application for Waiver of the Grounds of Inadmissibility at USCIS. After the visa interview a consular officer will asses the application and make a decision whether or not to grant the visa. Should the visa be denied, then the officer will cite the reason for denial and the ground of inadmissibility, if there is a grounds.  For an inadmissibility waiver for a Thai applicant, the waiver application should be filed at USCIS in Thailand.  There are different factual and legal requirements applicants must meet depending upon the ground of inadmissibility one is seeking to have waived. It is probably advisable to have a US Immigration attorney advise those clients that have an issue that needs to be waived.

Note: None of the above information should be used in lieu of actual individualized legal advice from a licensed US attorney in the reader’s jurisdiction

Tags: Inadmissibility, us embassy bangkok, us embassy thailand, us visa denial, USCIS Bangkok, visa denial Thailand, waiver of inadmissibility
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People often wonder about the role of the USCIS offices overseas. USCIS’s role in the United States is generally the adjudication of visa petitions. After the petition is adjudicated it is forwarded to the National Visa Center and then on to the US Embassy where the visa interview will take place. Outside of the United States, there are various USCIS District Offices. This post takes a look at the USCIS District office in Thailand and its functions with regard to US Immigration.

USCIS Bangkok District Office Jurisdiction and Functions

To quote the US Embassy website regarding USCIS:

“The District Director and Deputy District Director of USCIS Bangkok District Office oversee the Bangkok District office as well as USCIS sub-offices in Beijing, Guangzhou, Ho Chi Minh City, Hong Kong, Manila, New Delhi, and Seoul.  The USCIS Bangkok District has jurisdiction over Hong Kong, B.C.C., and the adjacent islands, Taiwan, the Philippines, Australia, New Zealand; all of continental Asia lying to the east of the western border of Afghanistan and eastern borders of Pakistan and India; Japan, Korea, Okinawa, and all other countries in the Pacific area.

The USCIS Bangkok Office itself, however, only reviews petitions from Australia, Burma, Brunei, Cambodia, East Timor, Indonesia, Laos, Malaysia, New Zealand, Singapore, and Thailand.”

As can be seen the USCIS office in Bangkok is responsible for a large area of the world. The office’s main functions include adjudicating I-601 waivers, immigrant visa petitions, naturalization, parole, abandonment of lawful permanent resident status (Green Card), refugee services, and adoptions.

Filing a US Visa Application at the USCIS Office in Bangkok Thailand

One of the major functions of particular interests to Americans with Thai spouses is whether they can submit a visa petition to the USCIS office in Bangkok. The reason for submitting a petition in Bangkok rather than the United States stems from the fact that the processing time at the district office in Bangkok is much faster than the service center in the United States. The obvious reason for the speed differential is the fact that far fewer immigrant petitions are received at the Office in Bangkok compared to the USA.

An issue arises when someone wishing to submit a visa petition in Bangkok is barred from doing so because he or she does not meet the 1 year residence requirement of USCIS. According to USCIS District office policy, only residents in Thailand who have been living in Thailand for at least one year on a 1 year Thai visa are allowed to petition at the District office. Further, only a “resident” non-immigrant Thai visa holder will be allowed to submit a US visa application in Bangkok (non-immigrant visas categories include the Thai ED Visa, Thai Business Visa, and the Thai O Visa). Therefore, those present in Thailand long term on a Thai tourist visa are ineligible to submit a petition at USCIS Bangkok. USCIS defines those present in Thailand on a tourist visa as “non-residents.”

Direct Consular Filing

The difference between filing an immigration visa petition at a Service Center in the United States using a local USCIS office overseas and Direct Consular Filing is somewhat difficult for people to understand and this goes for laymen as well as attorneys.

In a previous article I wrote about Direct Consular Filing, I used the term somewhat loosely when discussing the ability to use the District Office of USCIS when filing for immigrant visas for Thai spouses. Strictly speaking a direct consular filing occurs only when a US visa petition is submitted directly to the consulate or the consular section of the US Embassy abroad. In Thailand, since there is a USCIS district office  in the Kingdom, the American Embassy Thailand rarely, if ever takes direct consular filings. However, as mentioned above, petitioning USCIS in Bangkok for an immigrant visa is a major component of the District Office’s mandate.

For more information about Bangkok USCIS at its role in American Immigration please see US Visa Thailand.

Tags: American Visa Thailand, US Marriage Visa Thailand, US Visa Thailand, USCIS Bangkok, USCIS Thailand
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Finding an American Immigration attorney in Thailand can be somewhat difficult due to the fact that there are quite a few “con-men” claiming to be visa experts in the Kingdom of Thailand. They range from people outright lying about being US Visa Lawyers to “visa agents” who claim they can assist in preparing Immigration forms for submission to USCIS or the US Embassy. In reality only a licensed American Attorney is allowed to represent clients before USCIS (Immigration).  Perhaps it is best to quote the USCIS website:

“Notarios, notary publics and immigration consultants may NOT represent you before USCIS. They may not give you legal advice on what immigration benefit you may apply for or what to say in an immigration interview. These individuals may NOT hold themselves out as qualified in legal matters or in immigration and naturalization procedure and may only charge nominal (inexpensive) fees as regulated by state law. In many other countries, the word “notario” means that the individual is an attorney, but that is not true in the United States. Individuals seeking help with immigration questions should be very careful before paying money to non-attorneys.”

Former Commissioner of the INS (now USCIS)  Doris Meissner at one point released a memo stating, “Only attorneys and accredited representatives may engage in the practice of law before the Service.” There are exceptions to this rule, but Meissner continued, “These exceptions are available only if the person receives no payment for the appearance.” She also wrote that the “practice of law includes advising individuals concerning the selection, completion, and filing of Service forms (such as petitions or applications), in addition to actually appearing before the Service officer… Even advice limited to something as simple’ as selecting and completing the proper Service forms constitutes the practice of law, since this depends on a legal conclusion that the client is eligible for the particular benefit.” For more on this memo and its effect on immigration consultants in the USA please click here.

Only an attorney licensed to practice law in at least one US state, territory, commonwealth, or the District of Columbia may represent clients in Immigration matters before USCIS. Therefore, any “visa agent” or “immigration consultant” that is claiming that they are a US Visa Lawyer and have the right to represent people before USCIS is lying.

The day before writing this post I personally went to the US Embassy in Bangkok in order to respond to a 221g refusal in the process of providing the information I spoke with a consular officer who probed me about my credentials. I showed him my state and federal bar cards and he very politely informed me that he apologized for any inconvenience, but he just wanted to ensure that I was duly licensed. This would similarly occur at USCIS if I had been representing a client there. Had I not been a licensed attorney, I do not know what would have happened. Although I have an idea because the consular officer explained that security had already been called. Had I not been able to produce the proper credentials I think I would have been escorted out.

For more Information about retaining the services of a licensed American Immigration Attorney in Thailand please see US Visa Lawyer Thailand

Note: None of the above information should be used as a substitute for advice from a competent US Immigration Attorney

Tags: us embassy bangkok, us embassy thailand, us visa attorney bangkok, us visa attorney thailand, us visa lawyer, us visa lawyer bangkok, us visa lawyer thailand
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Many people become concerned when it becomes time to prepare for the visa interview at the US Embassy in Thailand. Since the US Visa obtainment process can be a true, “hurry up and wait” game there are sudden flurries of activity followed by lulls of inaction. Packet 3 can be a stressful time for the Thai-American couple because it requires a great deal of document gathering and compilation. This is difficult for Americans gathering documentation, but for a Thai fiancee or spouse it can be nearly overwhelming. In some cases, people opt to hire a US visa lawyer in Thailand, but some opt to compile the necessary documentation on their own. Whichever path is taken, this post will shed some light upon what packet 3 is and what needs to be done to fulfill the packet 3 requirements before the Visa interview at American Embassy in Thailand.

What is Packet 3?

Packet 3 is the list of documentation and instructions for the visa interview at the US Embassy. Non-Immigrant Visa Applicants (K1 Visa and K3 Visa) will receive packet 3 from the Embassy in Thailand.  Immigrant Visa applicants (CR-1 and IR-1 Visas) will receive packet 3 from the National Visa Center rather than the US Embassy in Bangkok. The National Visa Center conducts a more extensive background check on immigrant visa applicants due to the fact that an immigrant visa confers permanent residence upon entry into the USA.

Some of the documentation can be difficult to obtain. This is especially the case in situations in which the applicant is registered on a Tabien Baan in a province far from Bangkok and must obtain documentation from the Amphur in his or her home amphur office. Name change certificates are one of the most sought after pieces of documentation that is difficult to obtain because they must be obtained from the Amphur and Thais tend to change their names far more often than Americans due to the fact that name change is a much less difficult endeavor for Thais.

Having an attorney with knowledge regarding the US Immigration process can be extremely helpful for getting a jump-start on the packet 3 process. Having foreknowledge of what documents are needed for packet 3 can greatly speed up the process because one can inform the Thai applicant as to what is needed beforehand and thus prepare accordingly.

For more in depth instructions regarding packet 3 click here

Please note:  nothing in this post should be taken in lieu of competent advice from an attorney and no decisions regarding any aspect of US Immigration should be made without extensive research and thoughtful calculation.

Tags: American Embassy Thailand, K1 Visa Thailand, K3 Visa Thailand, Packet 3, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Marriage Visa, US Visa Thailand
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US Visa for a Thai Fiance or Spouse’s Child

An often asked question regarding US Immigration from Thailand is: how do I bring my Thai fiancee or wife’s Thai child with us to the USA. The answer to this question depends upon what type of visa is being sought. Each Family Visa category has a derivative visa counterpart. Therefore, the K1 Fiancee Visa has the K2 child Visa, the K3 has the K4 Child Visa, the Cr-1 has the Cr-2 for a Thai child, and the IR-1  has the IR-2 Child Visa. All derivative visa applications must be filed with the appropriate office of USCIS.

Conditions and Validity of a US Visa for a Thai Child

These derivative visas have the same conditions and validity as the underlying visa upon which they are based. Therefore in the case of the K-2 and K-4 Visa the visas are non-immigrant visas and therefore require adjustment of status before the beneficiary will obtain lawful permanent residence in the USA. It should be noted that failure to file for adjustment of status for the derivative visa could lead to the Thai child falling out of status in the USA. This could occur if the US Citizen spouse and the Thai mother of the Thai child file for adjustment of status, but, for whatever reason, fail to file on behalf of the child. The moment that the mother’s application for adjustment is approved the Thai child’s application is dead because the underlying visa has been canceled as a result of the status adjustment.

The CR-2 and IR-2 visas do not have this problem because they are immigrant visas and therefore adjustment of status is not a necessity once the visa holders arrive in the USA. However, with regards to the CR-2 Visa, since the underlying CR-1 Visa confers conditional permanent residence a filing for a lift of conditions is required for the CR-2.

Thai Children at the Visa Interview at the US Embassy in Bangkok, Thailand

Thai Child Immigrant’s presence will generally be required at the Visa interview at the US Embassy in Thailand. Although their presence is requested they may or may not be interviewed. To file for a derivative visa a concurrent visa filing must be submitted at the time of submitting the underlying visa petition.

In some cases, the Thai mother wishes to wait to bring the child to the USA until after the wedding or until after the move to the USA. In a case such as this, after the marriage or the arrival of the Thai wife in the US, the American  Citizen spouse may file a visa petition for the Thai child as a step-child or the Thai mother may file a visa petition on behalf of the child as a minor child of a lawful permanent resident (if the situation fits these facts). Generally, it is advisable to file the child visa petition concurrently with the underlying petition if speed is an issue.

For more information Please See: US Visa Thailand

Note: Nothing in this post should be used in lieu of competent advice from a licensed attorney in your jurisdiction.

Tags: child visas, cr2 visa thailand, ir2 visa thailand, K1 Visa Thailand, k2 visa thailand, K3 Visa Thailand, thai us visa, us embassy visa thailand, us k1 visa, us visa bangkok, US Visa Thailand, usa fiancee visa
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The process of obtaining a US Visa from Thailand can be frustrating for some due to the fact that a great deal of both US and Thai government documents are necessary in order to obtain most American Visas. We will briefly discuss the time line for obtaining the US K1 Fiance Visa, K3 Marriage Visa, Conditional Resident Visa, and the Immediate Relative Visa based upon marriage. The Visa Journey can be a long process and many phases of it are “hurry up and wait,” in that there are long lulls in the process followed by burst of extreme activity where time is of the essence for meeting deadlines and getting an interview appointment.

The K1 Visa

The first step in the K1 Visa process is the filing of an I-129f fiancee visa application. This application is basically designed to confirm that the petitioner is indeed a US Citizen entitled to marry and has no criminal or immigration record that would conflict ith the provisions of the IMBRA. The USCIS will issue Notice of Action 1 which basically is an official receipt from the Immigration Service that they have obtained and will review the Petition. Should USCIS need more documentation, then they will issue an RFE (Request for Evidence), in this request they will explain what information is lacking and how the petitioner can prove up the petition.

After USCIS has adjudicated the petition, if they approve it, they will issue Notice of Action 2. This Notice informs the petitioner of the fact that the petition has been approved and it will be forwarded to the NVC (National Visa Center). The NVC will process the application and forward it to the correct Embassy for a Visa interview and adjudication by a consular officer.

At the interview the consular officer will review the petitioner’s I-134 Affidavit of Support as well as the Beneficiary’s documentation. Should the Consular officer request more information, then a 221(g) will be issued and the applicant will have 1 year to respond with the proper documentation. Upon approval the K1 Visa will be issued and the Beneficiary will need to enter the USA before the Visa expires.

Once the beneficiary enters the United States on a K1 Visa, she will have 90 days to get married and file for adjustment of status. If adjustment of status is approved then the beneficiary will be a lawful conditional permanent resident. After 2 years of lawful conditional permanent residence, the beneficiary withe the help of the US Citizen spouse will need to file for a lift of the conditionality of her visa. Once the conditions have been lifted then the beneficiary will be a lawful permanent resident of the Us without conditions.

Should the beneficiary wish to leave the USA while in K1 Status, then she would need to obtain advance parole. If she wishes to depart while in Lawful Permanent Resident Status, then it would be prudent to apply for and obtain a reentry permit.

IR-1 & CR-1 Visas based Upon Marriage

For either an IR-1 (Immediate Relative Visa) or CR-1 (Conditional Resident Visa), the same petition, the I-130, must be filed. At the time of the writing, USCIS is estimating that it takes approximately 6 months to adjudicate an I-130 petition. the process at USCIS is much the same in that both Notice of Action 1 & 2 will be issued and the file will be forwarded to the National Visa Center. Once there, it will undergo increased scrutiny than in the case of the K1 Visa and it generally takes longer for the file to be processed at NVC with an I-130 petition.

After it is processed by the NVC, it will be forwarded to the US Embassy in Bangkok, where the beneficiary must go through an interview before being granted a visa. Upon granting of the visa, the beneficiary will travel to the USA and upon entry will either be granted conditional permanent residence or lawful permanent residence without conditions. an IR-1 Visa confer permanent residence without conditions, but in order to qualify for this visa the couple must have been married for at least 2 years when the file the I-130 petition.

The K3 Marriage Visa

The K3 Visa was designed as an expedited marriage at a time when I-130 petitions were processing extermely slowly. At the time of this writing, the K3 Visa is currently processing at roughly the same rate as the I-130 petition. It is likely that filing a K3 petition will save the couple 6-8 weeks in visa processing. The major downside of the K3 is the fact that it does not confer the right to work in the USA, nor does it confer permanent residence upon entry. Adjustment of Status is necessary if a K3 holder wishes to become a permanent resident.

The K3 is a doubly filed visa petition in that one first files an I-130 petition and then an I-129f petition in order to obtain the K3 Visa. All aspects of the process are basically the same as mentioned above except for the fact that the 2 petitions are filed simultaneously and in this instance the I-129f petition is filed on behalf of a spouse rather than a fiancee.

Visas for Children of Prospective Immigrants

The Visa Journey for child immigrants is similar to that of their adult counterparts. Derivative Visas can be obtained for the children of K1 Visa seekers, K3 Visa Seekers and Immigrant Visas. In instances where a visa for a child is sought, the child will generally adjust status with their parent in order to become a permanent resident.

Tags: CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Immigration Thailand, US Marriage Visa, US Visa Thailand, visa journey
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There is some confusion about 221 (g) refusals for US Visas from Thailand. A 221 (g) request is a refusal to grant a US Visa without further evidence. When the Consular Officers are deciding whether to issue a US Visa (for our purposes we will look at it from the context of K1 Fiance Visas, K3, or CR1 Marriage Visas) they are essentially performing a due diligence search in order to ensure that the applicant is who they say they are and are traveling to the USA for a valid purpose (in this case the reason for traveling is a family relationship to the US petitioner).

Some couples become quite distraght when a 221 (g) is issued and it can be quite inconvenient particularly in instances where the applicant is originally from a distant area of Thailand. This can be especially troublesome if the applicant’s household registration (tabien baan) is in a distant locale and it is difficult for them to travel there. Often documents are required from the local amphur office in th disrict where the applicant’s household registration exists. Although it may be a routine matter for the Embassy to issue these type of requests, it can be a major endeavor for the Thai applicant to obtain the necessary documentation.

221 (g) refusals generally allow the applicant one year to obtain the requested documentation before the Embassy will destroy the file. Failure to respond to the request for evidence could result in the underlying petition being cancelled and the process to begin anew.

Us Visa

To avoid 221 (g) refusals it may be wise to enlist assistance of an immigration attorney in an effort to forestall a 221 (g) denial. It should be noted that even with assistance of counsel a 221 (g) refusal may still be issued and further documentation needed. Consular Officers have wide discretion as per the doctrine of consular absolutism and therefore requests for further documentation should be taken seriously and responded to in a timely manner.

Tags: 221 (g), us embassy bangkok, us embassy thailand, US Visa Thailand, visa denial
Posted in General Legal Information, Thailand Visa, us embassy bangkok, US Visa Thailand | 8 Comments »