Integrity Legal

Those with pending visa petitions and applications may have only had a passing experience dealing with the National Visa Center. For example, the National Visa Center plays a rather small role in the K1 visa process. Meanwhile those seeking a CR1 Visa or an IR1 Visa have probably had extensive dealings with the National Visa Center (NVC). In recent weeks, the NVC changed some of their processing policies for certain US Marriage Visas. Therefore, many of those seeking K3 Visa benefits have seen their application “administratively closed” by the NVC where the underlying I-130 arrived prior to, or contemporaneously with, the I-129f petition. In a recent announcement from the American State Department it was announced that NVC has begun a pilot program that many hope will eventually lead to simplification of the NVC document compilation process. To quote directly from the State Department’s announcement, as distributed through AILA:

The Immigrant Visa Electronic Processing Program is a pilot project which uses electronic communication and documentation methods to simplify and accelerate the immigrant visa application process. This program uses e-mail for communication and submission of all forms and documents to the NVC using the Portable Document Format (PDF). Under the Electronic Processing Program all forms will be downloaded, completed, signed (if required), scanned, saved as PDF files, and e-mailed to the NVC. Required civil documents and supporting documents must be converted to PDF files by scanning and e-mailed to the NVC. After the NVC has completed processing the applicant’s petition, the applicant will need to present the original physical documents to the US Embassy/Consulate at the time of the applicant’s visa interview. Failure to do so may cause a delay or denial of the visa being sought.

It is this author’s opinion that this policy change will have a tremendous impact upon the US visa process and will likely lead to faster visa processing in general. It will be interesting to see how this new program will impact US Consular Processing abroad. As noted in the announcement, original documentation will not be required by the NVC in some cases. Those who did not remit original documentation to the NVC may need to do so at the visa interview which usually occurs at a US Embassy or US Consulate with appropriate jurisdiction. Those who fail to remit such documentation may be subjected to a 221g refusal. In some cases, issuance of a 221g can delay a case by weeks, or in a limited number of cases the case could be delayed by months.

That said, those seeking visas to the United States are still well advised to seek the assistance of a competent licensed American attorney from the USA. Regardless of increased processing efficiency, there are many factors which can affect a visa application and competent advice and counsel can forestall unforeseen problems.

For related information please see: US Attorney Thailand.

Tags: 221(g) refusal, 221g, 221g denial, Consular Processing, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K1 Visa Process, K1 Visa Thailand, K3 Visa, K3 Visa Process, National Visa Center, NVC, US Attorney Thailand, US Consulate, US Embassy, US Visa Process, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Legal Opinion, National Visa Center, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa Thailand, US Visa and Immigration, us embassy bangkok | No Comments »

At the time of this writing, the United States Embassy in Bangkok, Thailand is closed due to the political unrest in the urban areas surrounding the Embassy compound. That being said, the United States Citizenship and Immigration Service (USCIS) Centers in the United States are likely not impacted by this state of affairs. As a result, USCIS is processing petitions in much the same manner as usual. Below are the current USCIS processing time estimates for commonly filed US Family Immigration Petitions:

These estimates for the California Service Center were posted on the USCIS website on May 14, 2010:

These estimates for the Vermont Service Center were posted on the USCIS website on May 14, 2010:

Please note that these time estimates do not take into account National Visa Center Processing and Consular Processing at an Embassy or Consulate abroad. For those interested in updated information regarding Consular Processing in Thailand please see: US Embassy Thailand or US Embassy Bangkok.

Tags: CR1 Visa, CR1 Visa Process, CR1 Visa Processing Time, I-129f process, I-129f Processing Time, I-130 Process, I-130 Processing Time, IR Visa Process, IR1 Visa, IR1 Visa Processing Time, K1 visa processing time, K3 Visa Process, K3 Visa processing time, US Visa Process, US Visa Processing Time, USCIS, USCIS Processing Time
Posted in CR1 Visa, IR1 Visa, K1 Visa, L1 Visa, US Embassy Thailand, USCIS, us embassy bangkok | No Comments »

For those interested in a detailed analysis of the K-3 Marriage visa please see: K3 visa Thailand. For general US Immigration information please see: US Visa Thailand.

K3 Visas in 2010

It is a new year in both Thailand and America and this author felt that this would provide a perfect opportunity to discuss the K3 visa and the obtainment process in 2010. At present, there is no reason to believe that the K3 visa process will dramatically change. That being said, Comprehensive Immigration Reform will likely be a major issue in the coming months and US Family Visas will probably be effected by any changes to the United States Immigration and Nationality Act (INA). Since any commentary regarding future changes to the process would simply be an exercise in speculation it may better to simply explain the current process and processing times in order to facilitate more informed decision making on the part of future applicants and petitioners.

Currently, the K3 visa application is submitted after the submission of an initial I-130 application. At present, the United States Citizenship and Immigration Service (USCIS) estimates that an I-129f application (the application that must be submitted in order to obtain a K3 visa) will be processed in approximately 5 months. This figure is slightly misleading as a K3 application requires that one include a copy of the Notice of Action 1 receipt for the initial I-130. It usually takes a minimum of one week after I-130 submission to receive a Notice of Action 1 receipt. Therefore, one should take this into consideration when making plans and timing calculations regarding the K3 visa for a Thai spouse.

K3 visas are processed through the National Visa Center in a manner similar to K1 visa applications. The application is then sent to the United States Embassy in Bangkok where the applicant (or their attorney of record) is notified that they can submit an application and request a visa interview.

The major difference between the K1 visa and the K3 visa is the fact that the K3 visa is a 2 year multiple entry visa where the K1 visa only provides the bearer with 90 days of lawful status in the United States. They are both dual intent visas in that they allow the bearer to have both non-immigrant and immigrant intent. This could be viewed as a benefit as it does not require the Consular Officer interviewing the applicant to analyze the applicant’s intentions through the prism of section 214b of the Immigration and Nationality Act. Section 214b is commonly cited by Consular Officers when denying applications for a US tourist visa or other non-immigrant visa categories.

Tags: dual intent, I-129f, I-129f Application, I-130, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 visa process, K-3 Visa Thailand, K1 Visa, K1 visa applications, K1 Visa Thailand, K3 Visa, K3 Visa Process, K3 Visa Thailand, National Visa Center, Notice of Action 1, us embassy bangkok
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Embassy Thailand, US Tourist Visa, US Visa Thailand, US Visa and Immigration, USCIS, us embassy bangkok | No Comments »

In previous posts on this blog we have provided information regarding the updated processing time estimates for K1 visa applications, K3 visa applications, and CR1 visa applications. This is simply an update as to the processing times at the time of this writing. For more information please see other posts on this blog or the website of the United States Citizenship and Immigration Service (USCIS). To go to the USCIS website directly, please click here.

That being said, the following are the processing times for the USCIS Service Center in California. Please note that the I-131 application is for an advance parole travel document.

These are the estimated processing times for the USCIS Service Center in Vermont. Please note that the I-131 application is for an advance parole travel document

Always remember that USCIS Processing times are estimates only as each and every case is unique and therefore determining the processing time of one particular case can be very difficult.

Tags: advance parole, Fiance Visa Thailand, K1 Visa Process, K1 visa processing time, K1 Visa Thailand, K3 Visa Process, K3 Visa processing time, K3 Visa Thailand, US Visa Process, US Visa Processing Time, US Visa Thailand, USCIS Processing Times
Posted in CR1 Visa, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa Thailand, US Visa and Immigration, USCIS | No Comments »

The United States Visa process can be a time consuming proposition. In Thailand, we see many couples seeking fiance visas as well as marriage visas and for both types of visa the phase of the process which takes up the most time seems to be the approval process from the United States Citizenship and Immigration Service (USCIS). In previous blogposts we have discussed the K1 visa process and the K3 visa process. After submitting a K3 or K1 visa application, the couple must wait for USCIS approval before the visa interview at the US Embassy in Bangkok.

The California and Vermont Service Centers of the United States Citizenship and Immigration Service (USCIS) have recently updated their timing estimates for US family based petitions submitted by Americans seeking Immigration benefits for their Thai loved ones. Of note, is the fact that the estimates for K1 fiance visas seems to have dropped by approximately thirty days.

As a courtesy to all bi-national couples seeking information regarding USCIS approval times we try to post accurate estimates reflecting the current processing times for family based petitions. Below are the most up to date estimates taken from the USCIS website.

California Service Center Processing Dates as of 06/30/2009

Vermont Service Center Processing Dates as of 06/30/2009

Tags: K1 visa application, K1 Visa Thailand, K1 visa Timeline, K3 Visa Process, US Visa Thailand, USCIS, USCIS Approval Time
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa Thailand, US Visa and Immigration, USCIS, us embassy bangkok | 2 Comments »