Integrity Legal

Consular Processing: Visa Interview Preparation for a Thai Fiancee or Wife

One unique aspect of practicing United States Immigration law abroad is the ability to assist a foreign loved one with the US Embassy in Bangkok. Currently, the US Embassy’s policy states that no one other than the Thai applicant may be present for the visa interview at the Embassy on the day of the interview (this included the US Citizen spouse or Fiancee). Due to the fact that the foreign loved one will go through the interview process alone, the services of an immigration attorney can be very beneficial in preparing the foreign fiancee or spouse for the interview and giving the fiancee or spouse prior notification of Embassy procedure and what to expect. Depending on the category of US visa (K-1, K-3, or CR-1) different thresholds of proof will be required with regard to the bona fides of the relationship.

Interview preparation can be vital in facilitating a successful outcome at the United States Embassy, particularly in situations where the Thai fiancee or spouse has difficulty communicating in the English language or becomes easily nervous when dealing with government officials. That being said, many of a Thai fiancee’s fears regarding the Embassy can be laid to rest by a competent lawyer who can explain the situation and dispel any rumors or myths that a fiancee or wife has heard.

Assistance with 221 g Responses

Embassy officials are hard working individuals and at the Consular Service Section they process a large number of cases each year. Therefore, in the interests of speed and efficiency where there is a deficiency of documentation the consular officer will likely issue a 221 g denial. In many cases, fiancees or wives believe this to be a denial of the visa application and that the denial is final. In point of fact: 221g’s are denials, but they are denials pending further documentation. Therefore, if an applicant can cure the deficiency, then the visa will likely be issued. This is where retaining an attorney can be of great use. Currently, the US Embassy in Bangkok gives licensed American attorneys the privilege of presenting 221 (g) documentation on behalf of a visa applicant (the Embassy will not deal with visa agents or unlicensed so-called “lawyers”). This can be of great advantage particularly to the fiancee or spouse who does not live in Bangkok. By using an immigration attorney, it is generally unnecessary for the fiancee or spouse to return to Bangkok after the initial interview (this is not always the case, because consular officers can request that applicants return for a follow-up interview, as a practical matter, this rarely, if ever, happens).

Inadmissibility and Waiver

In cases where there exists a legal ground of inadmissibility, retaining an attorney is highly advisable particularly at the pre-interview phase. The reason for this is the fact that an attorney can prepare the waiver application in anticipation of the denial on a ground of inadmissibility. An I-601 application could be filed at virtually the same moment of denial. This would save time because the attorney is on the ground in real time and could interact with both the Embassy and the USCIS district office.

For more information, please see: US visa Thailand

(Nothing contained herein is an adequate substitute for a personal legal consultation. No Attorney-Client Relationship should be deemed to exist between author and reader.)

Tags: American Embassy Bangkok, American Visa Thailand, Fiancee Visa Thailand, I-601 Waiver, K1 Visa Thailand, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

An issue that many Thai-American couples grapple with is that of deciding whether or not to register a marriage in Thailand or wait and conduct a marriage in the United States. This is an issue that can have a major impact on a Thai-American couple’s US Immigration options because United States Citizenship and Immigration Services as well as the US Embassy in Thailand view a couple with a registered marriage differently than a couple without a registered marriage. Also, a US Citizen’s marital status vis-a-vis a Thai Fiancee or Thai wife will affect the processing time for the type of visa being sought, and not in a way that most people expect.

The Irony of K1 Visas from Thailand: Why being Unmarried may be Beneficial

A counter intuitive aspect of K1 visas is the fact that they are generally a faster visa and immigration option than a marriage visa. This is due to the fact that there seems to be a lower case backlog of K1 visas at USCIS when compared to CR-1 and IR-1 Visas.  Also, the fact that a K1 visa is a non-immigrant visa might lead to less scrutiny from both USCIS and the US Embassy because the visa does not confer permanent residence, conditional or otherwise. This is not to imply that either adjudicators at USCIS or consular officers at the US Embassy in Bangkok are not fully conducting due diligence, but instead there seems to be an inherently lower level of scrutiny for non-immigrant visas when compared to immigrant visas. This is also true when comparing the K1 visa to a US tourist visa because the applicant for that visa must overcome the 2statutory presumption of immigrant intent. Since a fiance visa is a “hybrid visa” there is no need to overcome the presumption of immigrant intent threshold in order to be granted the visa, as with other non-immigrant visas.

Marriage Visas from Thailand

Some people who have already married in Thailand ask if it is possible to register a Thai divorce and subsequently apply for a K1 visa. Although technically feasible, the discretionary power of adjudicators in both USCIS and the Embassy in Bangkok could result in a finding that the relationship is not bona fide because the couple is divorced only to enjoy the benefit of faster processing times of the K1 visa over the US Marriage visas. For those married and residing in Thailand it may be possible to apply for an immigrant visa at the local USCIS office in Bangkok, in this situation marriage registration may be a boon to the Thai-American couple.

Thanks for reading, for more information please see: Marriage Registration Thailand or US Visa Thailand

(Please note: this writing is intended for informational purposes only and should not be utilized as a substitute for legal advice from a Licensed US Immigration Lawyer. No attorney client relationship is created between the author and any reader of this piece.)

Tags: American Visa Thailand, CR-1 Visa Thailand, IR- Visa Thailand, K1 Visa Thailand, Marriage Registration Thailand, US Marriage Visa Thailand, US Tourist Visa Thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration, US Visa Thailand | No Comments »

The Path to Citizenship for Undocumented Aliens

Earlier this month President Barack Obama spoke with the President of Mexico about the issue of providing a path to citizenship for undocumented aliens in the United States. The call for comprehensive immigration reform has been brought up a great deal during the new President’s fledgling term. It is an issue that ignites passions on both sides of the aisle particularly in an economy environment in a state of decline. There is something to be said for the idea that an amnesty needs to be called to get undocumented aliens “out of the shadows,” even if a recession is threatening the jobs of American Citizens. The other side of the coin is the idea that illegal immigrants are exactly what their name implies: “illegal,” and should not in the end be rewarded for circumventing or outright violating Immigration regulations.

Many believe that the notion of America as a nation of immigrants and a melting pot of different cultures should compel the US government to make some sort of provision for granting some sort of legal status to currently undocumented aliens. Admittedly, this argument holds some merit particularly where the undocumented alien is working in the US and is not a burden to the state.

Family Immigration and Visas for Same Sex Couples

Concurrently with Comprehensive Immigration Reform there is another bill in the US Congress seeking to give another form of prospective Immigrants legal status in the United States that they do not currently retain. The Uniting of American Families Act (UAFA) seeks to add the term “permanent partner,” to the list of those eligible for US Family Immigration Benefits under US Immigration regulations.

Under the Defense of Marriage Act a marriage is recognized as a legal union between a man and a woman. Therefore, this act effectively bars same sex couples from receiving US federal recognition for a marriage (including in US states where same sex marriages and civil unions are legal). The upshot of this legislation is that it precludes same sex couples from obtaining US Immigration benefits if one of the partners is a foreign national.  The addition of  the new term “permanent partner,”  to the American Immigration and Nationality Act would allow same sex marriage and family visas without creating a legal conflict with the Defense of Marriage Act.

A New Category of Visa to be created under the UAFA?

Some lawyers and legal scholars have speculated as to what type of family visa a permanent partner would be entitled to. The term itself would seem to rule out the K1 visa because it is a fiancee visa and the use of the word “permanent” contradicts the idea of a fiance visa. At the same time, because the term specifically does not connote “marriage,” it would seem likely that a us marriage visa would be out of the question. Therefore, a “permanent partner” visa will likely be a separate category unto itself that is distinct from other family visa categories. It remains to be seen what the burden of proof will be for obtaining a “permanent partner” visa, but the fact that marriage will not be a legally recognized element for proving the relationship (at least with the Defense of Marriage Act on the books), it is likely that a large amount of evidence will be needed to prove up the bona fides of a permanent partnership.

Both Comprehensive Immigration Reform and the UAFA are necessary steps to dealing with the practical effect of immigration regulations that cause certain groups to “fall through the cracks,” of American Immigration law. However the debate on these issues is resolved, a modicum of uniformity and resolution of these matters is necessary.

Thanks for reading,

For more information about US Immigration please see:

US Visa Thailand

Tags: American Visa Thailand, gay marriage visa, gay us immigration, gay us visa, path to citizenship, Same Sex Marriage, same sex visa, uafa, uniting of american families act
Posted in Legal Opinion, Miscellaneous | 4 Comments »

The affidavit of support is used to prove that an American Citizen can support a Thai fiancee or wife in the USA. Although the form is issued by USCIS, it is presented at the Thai fiancee or spouse’s interview at the American Embassy in Bangkok Thailand. The type of visa one wishes to obtain will make the difference in the type of Affidavit of Support that will be necessary to show the US Citizen petitioner’s ability to support a Thai fiancee or wife in the United States.

The I-134 and I-864 affidavit of support to Prove Financial ability for US Visa Sponsorship

There are two affidavit forms used in US Family Immigration matters that are used to prove that a US citizen is indeed capable of sponsoring his loved one at the statutorily prescribed levels. The I-134 and the I-864 are the two different affidavit forms and their use with regard to visa category depends upon the situation and the visa being sought.

Financial Requirements

Currently, for the I-864 affidavit of support, the US Citizen must show that he or she can support his Thai fiancee or spouse at a level equal to 125% of the Federal poverty guidelines (as calculated by Housing and Human Services) for the year in which the visa is being sought.

The Binding Effect of the I-864 affidavit of Support upon a US Citizen

Some US Citizens are interested in how binding their financial commitments are with regard to the I-864 affidavit of Support. There is some case law that has allowed US Permanent Resident former spouse of US Citizens the right to collect money from the US Citizen spouse based upon the finding that the Permanent Resident is the third-party beneficiary of an agreement between the United States government and the US Citizen. Also, the US Citizen will be liable to the US government for the relevant costs should the Permanent Resident spouse become a public charge.

Proving Financial Ability and Obtaining Assistance with the Affidavit of Support

Generally, a US Citizen’s ability to support a fiancee or spouse is proven by presenting evidence showing the US Citizen’s income is above the statutorily mandated 125% of the poverty guidelines. Proving the financial ability to support a fiancee can be somewhat difficult if the US Citizen’s income does not meet the 125% requirement. Using assets to prove financial ability is one method, while many people opt to simply utilize a joint sponsor in order to meet the financial requirements. Joint sponsorship is a popular method of overcoming affidavit of support issues.

Note: Nothing in the post should be used in lieu of legal advice from a licensed US attorney with Immigration experience.

For More US Immigration Information Please see:

US Visa Thailand

Thai Fiance Visa

K1 Visa Thailand or

USA Visa Thailand

Tags: Affidavit of Support, American Visa Thailand, Fiance Visa Thailand, I-134, I-864, US Marriage Visa Thailand, US Visa Thailand
Posted in US Embassy Thailand, US Visa Thailand | No Comments »

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
Posted in CR1 Visa, IR1 Visa, us embassy bangkok, US Visa and Immigration, USCIS | No Comments »

The CR-1 Visa is one of, if not the, most common US Visa sought for Thai Loved ones seeking to journey to the USA (The K1 Fiance Visa from Thailand is another widely used US Immigration tool from Thailand, please see Fiance Visa Thailand for more details). The reason for this is likely due to the fact that many Thai-American couple’s situation fits the criteria of a CR-1 Visa.

CR-1 stands for “conditional resident 1,” in practical terms this means that a person in the US on a CR-1 Visa has conditional permanent residence. In practical terms, the difference between conditional permanent residence and unconditional permanent residence is that a conditional permanent resident could lose their permanent residence status. A situation in which one might lose their permanent residence would be where a Thai/American married couple obtains a Cr-1 Visa on behalf of the Thai wife. Subsequent to obtaining the CR-1 Visa and entering the US, the couple divorces, but not before they file for a “lift of conditionality.” (A lift of conditions of a CR-1 Visa is generally filed by the American Citizen spouse at the 2 year anniversary of the permanent resident’s entry into the USA) If the lift of conditions has not been granted and the couple has divorced, then the condition upon which the visa was granted has ceased to exist and therefore the visa should be revoked. There are exceptions that allow for a Cr-1 visa to have the conditions lifted without the US Citizen Spouse’s consent (Most notably the violence against women act), but these situations are limited.

An IR1 visa does not have these conditions. In order to apply for this visa, the Thai-American couple must have been married for at least 2 years. If they meet this requirement then after obtaining the visa at the US Embassy in Thailand, then the Thai spouse will enter the US on an Ir-1 Visa which confers unconditional permanent residence from the moment the Thai spouse enters the United States.

The form necessary to obtain a CR-1 Visa is the I-130 petition. It should be filed with the USCIS office having jurisdiction over the area in which the US Citizen spouse resides. One of the reasons why a CR-1 Visa is sought over a K-3 in Thailand Visa is the fact that a K-3 Visa requires Adjustment of Status for a Thai wife. A Thai wife entering on a CR-1 Visa does not need to adjust her status in the USA, only obtain a lift of conditionality.

As with all US Immigration matters it is always wise to obtain the advice of a duly licensed US Immigration Attorney with experience dealing with US Immigration Law. Integrity Legal’s Managing Director is a licensed US Attorney and member of the American Immigration Lawyer’s Association. When seeking licensed a Immigration Lawyer AILA can be an invaluable resource.

Tags: Adjustment of Status, American Visa Thailand, Bangkok Lawyer, CR-1, CR-1 Visa Thailand, CR1 Visa, K1, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, Lift of Conditions, US Immigration Thailand, US Visa Thailand
Posted in Thailand Visa, US Visa and Immigration | No Comments »