Integrity Legal

An extremely common topic on this blogs involves the US K1 visa. The K1 visa is designed for fiances of American Citizens. This visa allows the foreign fiancee to travel to the United States of America for the express purpose of getting married and adjusting status to lawful  permanent resident. It is a “dual intent” visa meaning that it is non-immigrant, and therefore temporary, but converting to an Immigrant visa is statutorily allowed and in a way somewhat encouraged as K1 visa holders who leave the United States cannot reenter on the same K1 without first obtaining permission to do so, this permission is known as advance parole.

With this in mind, there is another visa related to the K1 fiance visa. This visa is referred to as the K2 visa. A K2 visa is designed for the children of the holder of a K1 visa. It is a “derivative visa,” in that the benefits conferred in the K2 visa are entirely dependent upon the K1 visa holder’s status. For example, if a Thai fiancee has a child and they are each applying for a K1 visa and K2 visa respectively, then if the K1 visa application is denied the K2 application will be summarily denied as well.

The K2 visa is also derivative in that it “piggy backs” on the K1 visa during the adjustment of status process. This means that if the K1 visa holder and the K2 visa holder enter the United States together, then they ought to adjust their status at the same time as the process is likely to be more streamlined.

Those holding a United States K2 visa must abide by the same conditions as one holding a K1 visa. The K2 visa is non-immigrant, but the dual intent doctrine applies (this allows for the visa holder to intend to adjust status upon entry). Further, the K2 is also a single entry visa, so the K2 holder would also need to obtain advance parole before leaving the United States. The derivative nature of the K2 creates a difficult situation if the K1 holder leaves the United States without obtaining advance parole. In this situation, the K2 holder would fall out of status the moment the K1 holder leaves and falls out of status. That being said, unlawful presence generally does not accrue against minor children so the child in the US unlawfully would likely not be barred from later reentering based upon a legal grounds of inadmissibility due to an overstay.

It should also be noted that the K2 beneficiary will need to accompany their parent to the K1 visa interview at the US Embassy in Bangkok. In all likelihood, the Consular officer will not wish to speak with the child, but they will want to physically see them.

Tags: Adjustment of Status, advance parole, K-1 Visa, K-2 Visa, K1, K1 Visa, K1 Visa Thailand, K2 Visa, k2 visa thailand, Visa for Thai Child
Posted in Adjustment of Status, Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

US Visas for Immediate Relatives related by Marriage

For those who wish to bring their family to the United States there are options under United States Immigration Law that allow immediate relatives of American Citizens entry into the United States as well as the possibility of permanent residence. At one time, the most common method of bringing a loved one to the United States was by marriage and petitioning for an immediate relative visa to the USA. The application for an Immediate Relative Visa was the I-130.

Congress then passed legislation creating two visa categories, where before there had been only one, for relatives related by marriage. Currently, there is what is known as a CR-1 visa which stands for Conditional Resident Visa. The conditionality of this visa means that the visa is conditioned upon the marriage lasting for two years. The other type of marriage visa is the IR-1 Visa. This visa is a Immediate Relative visa and there are no conditions implied with this visa.

As the legal situation evolved and the backlog of Immigration petitions increased, it became necessary to provide a more expedited visa for spouses of American Citizens. For this reason, legislation creating the K3 visa was enacted.

As recently as 2 months ago, this author advised clients that the K3 was an efficient and expeditious method of bringing a spouse to the USA in comparison to the CR-1 or IR-1 Visas. However, the United States Citizenship and Immigration Service (USCIS) has recently cleared a great deal of its backlog of cases and as a result the processing times for the I-129f petition (the Supplemental petition filed in order to obtain a K3 visa, those seeking a K1 visa will recognize this as the application form for that visa category) are nearly the same as the I-130 petition.

A K3 visa has many advantages and tactical uses, but the speed advantage of the K3 visa has recently been diminished by the faster processing time of the I-130 petitions. The I-130 is currently processing quickly, but the backlog could increase again later, although it does not seem likely. At its inception the K3 visa was being issued as a multiple entry non-immigrant visa with a validity of ten years. However, at the time of this writing, the K3 visa is being issued with a validity of two years. CR-1 Visas conditional period lasts for two years while IR-1 Visas, as mentioned previously, are unconditional

Deciding which category of US marriage visa to use is a decision that should be made after thoughtful study and consultation with the loved one who will be immigrating as well as an attorney should a couple find it necessary to retain one.

(Note: The information contained herein is meant for general use only and is not meant as a commentary on specific situations. This writing should not be used as an alternative for personalized legal advice from a competent attorney. No Lawyer-Client relationship is created between the reader and writer of this piece.)

Tags: CR1, I-129f, I-130, IR1, K1, K3, US Marriage Visa Thailand, US Visa Thailand
Posted in US Visa and Immigration, US Visa Thailand | 2 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 »