Integrity Legal

Posts Tagged ‘usa fiancee visa’

31st July 2013

The administration of this blog periodically posts the holiday closing schedules of the various US Embassies and US Consulates in the Southeast Asia region in order to provide a level of convenience to Americans traveling in the area. The following holiday closing schedule was quoted directly from the official website of the US Embassy in Rangoon, Burma (Yangon, Myanmar):

Date Day U.S.* Burmese**
January 1 Tuesday New Year’s Day
January 4 Friday Independence Day
January 21 Monday Martin Luther King’s Birthday
February 12 Tuesday Union Day
February 18 Monday President’s Day
March 27 Wednesday Armed Forces Day
April 15 Monday THINGYAN (Water Festival)
April 16 Tuesday THINGYAN (Water Festival)
April 17 Wednesday Burmese New Year
May 1 Wednesday Workers’ Day
May 27 Monday Memorial Day
July 4 Thursday Independence Day
July 19 Friday Martyrs’ Day
July 22 Monday Full Moon of Waso
September 2 Monday Labor Day
October 14 Monday Columbus Day
November 11 Monday Veteran’s Day
November 27 Wednesday National Day
November 28 Thursday Thanksgiving Day
December 25 Wednesday Christmas Day Christmas Day

Many Americans traveling abroad find that it is necessary to travel to an American Embassy or Consulate in order to request services such as Passport renewal, adding of visa pages, notarial services, or Consular Reports of Birth Abroad (CRBA). Many of these requests can be made at an American Citizen Services Section of the US Embassy or US Consulate-General.

Meanwhile, every year many foreign nationals from around the globe travel to American posts abroad to apply for visas and other travel documents granting permission to travel to the United States. Some visa seekers only wish to remain temporarily in the US on non-immigrant visas such as the B-1 visa (Business Visa), the B-2 visa (Tourist Visa), the F-1 visa (Student Visa), or the J-1 visa (Exchange worker visa). Generally, applications for the aforementioned visa categories can be made at a non-immigrant visa unit within the Consular Section of the US Embassy or US Consulate-General. Applicants are usually required to make an appointment in advance to apply for these types of visas.

Some foreign nationals wish to travel to the United States for business purposes. Depending upon the circumstances of the individual applying for admission to the USA, a business traveler may be issued a non-immigrant or an immigrant visa. The L-1 visa, the E-1 visa, the E-2 visa, the EB-5 visa, the EB-4 visa, the EB-3 visa, the EB-2 visa, the EB-1 visa, and the H-1B visa are all business visa categories commonly sought by foreign nationals. Generally, a business travel unit  within the Consular Section of a US Embassy or Consulate-General abroad is responsible for adjudicating such applications.

Some foreign nationals seek visa benefits based upon a relationship to a US Citizen or lawful permanent resident. One of the most commonly sought US family based visas is the immigrant visa based upon marriage to an American Citizen, these types of visas are generally classified as a CR-1 visa or an IR-1 visa. Fiancees of US Citizens may be eligible to apply for a K-1 visa (US fiance visa). Furthermore, those married to Americans sometimes seek a US K-3 visa. K-1 visas and K-3 visas are generally adjudicated by an Immigrant visa unit, notwithstanding the fact that they are non-immigrant visa categories as they are treated as immigrant visas since the applicants have immigrant intent.

For related information please see: US Immigration Asia.

 

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27th July 2013

Periodically, the administration of this web log post the estimated processing times from the United States Citizenship and Immigration Service (USCIS). It should be noted that the following processing time estimates are exxactly that: estimates. Some petitions may process more quickly while other petitions may proccess more slowly. To quote directly from the USCIS official website:

Field Office Processing Dates for California Service Center as of: May 31, 2013
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 November 15, 2011
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 February 1, 2010
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 October 4, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 21, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister February 11, 2010
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications May 30, 2012
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States March 16, 2012
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months
I-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 Months
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization November 28, 2011
I-821 Application for Temporary Protected Status El Salvador extension 3 Months
I-821 Application for Temporary Protected Status El Salvador initial or late filing 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing 3 Months
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) May 16, 2012
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 12, 1997
Field Office Processing Dates for Nebraska Service Center as of: May 31, 2013
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 16, 2013
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document 3 Months
I-131 Application for Travel Document Permanent resident applying for a re-entry permit 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability January 2, 2013
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher 4 Months
I-140 Immigrant Petition for Alien Worker Multinational executive or manager January 16, 2013
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability 4 Months
I-140 Immigrant Petition for Alien Worker Skilled worker or professional 4 Months
I-140 Immigrant Petition for Alien Worker Unskilled worker 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver January 16, 2013
I-140 Immigrant Petition for Alien Worker Schedule A Nurses 4 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] May 8, 2013
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension 3 Months
I-821 Application for Temporary Protected Status El Salvador initial or late filing 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing 3 Months
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 15, 2013
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 6 Months
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
Field Office Processing Dates for Texas Service Center as of: May 31, 2013
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability 4 Months
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher 4 Months
I-140 Immigrant Petition for Alien Worker Multinational executive or manager 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability 4 Months
I-140 Immigrant Petition for Alien Worker Skilled worker or professional 4 Months
I-140 Immigrant Petition for Alien Worker Unskilled worker 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver 4 Months
I-140 Immigrant Petition for Alien Worker Schedule A Nurses 4 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 7, 2013
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 6 Months
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
Field Office Processing Dates for Vermont Service Center as of: May 31, 2013
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 July 1, 2012
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 April 16, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 October 22, 2012
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 April 9, 2012
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 April 9, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 March 5, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister December 4, 2010
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) May 7, 2012
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications April 16, 2012
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] March 27, 2013
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] October 31, 2010
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] January 6, 2011
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension October 31, 2010
I-821 Application for Temporary Protected Status El Salvador initial or late filing October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing October 31, 2010
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement 3.5 Months
I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) 3.5 Months
I-914 Application for T Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of trafficking in persons, and immediate family 4 Months
I-918 Petition for U Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of qualifying criminal activity, and their qualifying family May 7, 2012

It should be also noted that although these USCIS estimated processing times can provide a general framework for understanding the time frames for petition adjudication by USCIS, these estimates do not necessarily reflect the estimated time frame for the entire US visa process especially if the unique circumstances of a given case requires Consular Processing of a US visa application at a US Embassy or US Consulate abroad.

For a married couple seeking an IR1 visa or a CR1 Visa for a foreign spouse of US Citizen the process begins at the USCIS where the initial petition will be adjudicated. Assuming USCIS approves the initial petition, then the petition will be forwarded to the National Visa Center (NVC). NVC will require certain documents before forwarding the application to a US Embassy or Consulate abroad where a foreign spouse must undergo an interview prior to the Consular Officer making a decision regarding visa issuance. In some cases, the Consular Officer may approve the visa application at the interview. Meanwhile, in some circumstances, the officer may deny the application (especially where a ground of inadmissibility is found to exist in the case and under such circumstances the applicant must be granted an I-601 waiver, or something similar, prior to the application receiving further favorable treatment). In some cases, the officer may simply find that some further evidence of the relationship or documentation pertaining to the foreign national is lacking and will thereby deny the application pursuant to section 221(g) of the Immigration and Nationality Act. Under these circumstances, the 221(G) denial may be overcome by presenting further evidence to the Consular Officer and upon their finding that the relevant requirements have been met the application may be approved.

As one can infer from the above example, the USCIS estimateed  processing times may not accurately reflect the total time it may take to obtain a US visa since the process is sometimes more complex than simple USCIS petition approval.

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2nd April 2009

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.

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