Integrity Legal

What is the Process for Obtaining a K-1 Fiancee Visa?

The K-1 visa process is a time consuming and complex endeavor. Many arm-chair attorneys believe that they understand the K-1 process based upon second hand or incorrect information. Further complicating the research process are so-called visa agents and Immigration consulting firms providing misleading information. In Thailand, there are some “US Immigration Lawyers” who are not licensed to practice law in any US jurisdiction and therefore cannot practice US Immigration law. Without all of this “background noise” of bad information, what are the facts about the K-1 Visa Process?

The K-1 Visa Process: The Visa Application

The K-1 Visa Application is one of the most critical components of the K-1 visa process. Currently, the I-129f application is used by those who wish to petition for K-1 benefits for a foreign fiancee. The I-129f petition seems uncomplicated at first blush, but legislation passed within the last decade has made K-1 visa application questions more detailed and created restrictions regarding who can submit an application for a K-1 visa.

After the application is completed, it must then be submitted to the United States Citizenship and Immigration Service (USCIS) center with proper jurisdiction. USCIS Service Center jurisdiction is based upon the location of the US Citizen’s primary residence in the United States.

K-1 Visa Process: Submission of the K-1 Visa Application to the USCIS Service Center

After the US Citizen sends the K-1 Visa application to the USCIS service center, the wait begins. Due to the heavy caseload of both service centers, it can take some time before the K-1 application is adjudicated. Currently, both USCIS service centers state that it will take approximately 6 months to adjudicate the K-1 visa application. However, is has been the experience of the writer that this is a conservative estimate and the K-1 application is usually adjudicated in a shorter time period. An issue that can arise and slow down a K-1 visa application is a Request For Evidence (RFE). An RFE is sent from USCIS to the US Citizen if there is a deficiency of documentation in the K1 application. This is where retaining the services of a US Visa Lawyer could be a benefit because the lawyer could assist in forestalling an RFE.

K-1 Visa Application Approval at USCIS and Forwarding to the National Visa Center

Once USCIS approves a K-1 visa application, they will send the visa application to an office within the American State Department called the National Visa Center (NVC). The NVC will ascertain where the Fiancee beneficiary of the visa application will be conducting her interview. Once it is determined where the Fiancee will conduct her K-1 visa interview, the NVC will forward the application to that Embassy or Consulate.

K-1 Visa Process: Packet 3 and the K-1 Visa Interview

After the NVC has forwarded the K-1 application to the Embassy the embassy will send out packet 3, which explains the documentation that must be submitted prior to the K-1 visa interview. Having an attorney on the scene to assist with consular processing can be a major advantage to the Non-Citizen fiancee especially where the fiancee’s mother tongue is not English. After Packet 3 is submitted and the Interview is scheduled, the Fiancee will go to the Embassy and have her interview.

K-1 Visa Process: K-1 Visa Interview and 221g Refusals

One common delay in the K-1 visa process is caused by a 221 g denial. A 221 g visa denial occurs when the consular officer conducting the K-1 visa interview determines that the applicant has provided insufficient documentation and will need to retrieve the necessary documentation before a visa will be issued. An American Immigration attorney in the fiancee’s home country can be indispensable at the K-1 interview phase because they can attempt to forestall 221 g denials by using their knowledge of the law and experience in order to prepare all of the necessary documentation in advance. Further, if a 221 g should arise, the attorney is in a position to advise how best to deal with the deficiency.

K-1 Visa Process: K1 Visa Denial based upon a Legal Ground of Inadmissibility

In cases where the K-1 beneficiary is deemed legally inadmissible to the US, the K-1 visa application will be denied. In many cases, the Inadmissibility can be waived by filing an I-601 waiver application. retaining an Immigration attorney at the beginning of the process can enable all parties to form an effective strategy regarding a finding of inadmissibility. If an attorney believes that a ground of inadmissibility exists, then he can prepare the application for a waiver before the visa is ultimately denied and file the waiver application contemporaneously or shortly following denial.  Luckily for those reading this, most foreign beneficiaries are not inadmissible, but it may be wise to contact an attorney in order to understand all facets of the K-1 Visa Process.

(Nothing in this article should be used for purposes other than education and research. Further, no part of this post is a satifactory alternative to competenet personal legal advice from a licensed attorney. This article does not create an attorney-client relationship between author and reader.)

Tags: K-1 Visa Process, K1 Visa Information, K1 Visa Lawyer, K1 Visa Thailand, US Immigration Information, us visa lawyer, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa Thailand | 1 Comment »

The K-3 Visa Process: A Closer look at a Hybrid Visa

The K-3 Visa is a very misunderstood and probably often misused visa for American Family Immigration. A great deal of false information is present all over the internet as the K-3 is trumpeted as THE US marriage visa. In reality the K-3 visa, although in certain instances effective, probably has limited utility particularly where the Thai-American couple has yet to register a marriage in Thailand.

The K-3 Process Explained

The K-3 visa was created at a time when I-130 petitions (the underlying petition of the CR-1 visa and the IR-1 visa) were taking as long as 3 years or more to process through USCIS. Congressmen and Senators, feeling pressure from their constituents, made the decision to create an alternate visa for bi-national married couples. The result was the K-3 Marriage Visa.

Step one of the K-3 Visa Process:

File an I-130 petition for a CR-1/ IR-1 Visa. The I-130 petition creates the foundation for the rest of the K-3 process.

Step 2 of the K-3 Visa Process:

File an I-129f petition. Those who have kept up with this blog will recall that the I-129f is the K-1 visa application. In the case of the K-3, the visa process is essentially the same as the K-1 from this point except for the fact that now the K-3 petition is processing at the same time as the CR-1 or IR-1 petition.

Step 3 of the K-3 process:

The I-129f petition, upon approval, leaves USCIS and is sent to the National Visa Center. From there, it is forwarded to the US Embassy in Bangkok.

Step 4 of the K-3 Visa Process:

The K-3 interview at the US Embassy: the K-3 Visa beneficiary is interviewed by the Consular Officer and provided there are no 221g denials, the K-3 visa will be approved.

While this process is transpiring, the I-130 petition is also pending simultaneously. From a practical standpoint, this means that the couple has a choice regarding which visa application they will use to obtain the visa. Should they opt to simply use the K-3, then the Thai wife will enter the USA with a 2 year multiple entry visa, but NOT lawful permanent residence (Green Card). In order to obtain permanent residence and therefore finish the K-3 visa process, the K-3 spouse must either adjust status in the USA or leave the US and travel back to Thailand and re-interview for the underlying IR-1/CR-1 visa.

One of the probable reasons for a great deal of misinformation regarding the K-3 is the fact that “visa agents” do not understand the visa process. Also, a particular issue with regard to Thailand is the fact that unlicensed “Immigration Consultants” and “Law Firms,” cannot submit a US Immigration petition at the local USCIS office in Bangkok. If a US Citizen is qualified, a local filing can garner an immigrant visa for a Thai spouse in as fast as six months and the Thai spouse is conferred permanent residence upon arrival in America. USCIS will only allow a licensed attorney to represent clients before their officers and as a result non-licensed individuals seem to prefer to mail petitions to the USA in an effort to avoid being detected in the unlicensed practice of law.

(This post is for general information only. It is not a sufficient alternative to private legal advice from a licensed attorney. This post should not be misunderstood: merely reading this post does not create an attorney-client relationship between author and reader.)

Tags: K-3 Visa, K-3 visa process, K-3 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Visa and Immigration, US Visa Thailand | No Comments »

How can my Fiancee and I meet the K-1 Visa Requirements?

Many couple’s initial question regarding the K-1 visa is: do we meet the legal requirements for a K-1 visa? Although the K-1 has less requirements than other US visas, there are still requirements that must be met in order to meet the statutory requirements laid out in the US Immigration and Nationality Act.

Basic Requirements in order to Petition for a K-1 Visa for a Foreign Fiancee

With regard to the K-1, a major legal requirement is that the Petitioner be a United States Citizen. Unlike US Marriage visas, a K-1 visa can only be obtained for the fiancee of an American Citizen. In Thailand, this is not n issue that generally arises, but in other areas of Southeast Asia (Vietnam for example), lack of United States Citizenship is often a preclusion for those who would otherwise have filed for a K-1 visa.

Further, the United States Citizen and foreign fiancee must have met in person at least two years prior to submitting the K-1 visa application. In certain cases, particularly involving arranged marriages in which the parties cannot meet in person as dictated by custom, it may be possible to obtain a waiver of this requirement, but in nearly all cases this is a firm requirement in order to qualify for a K-1 visa.

A US Citizen is required to show evidence that he can adequately support a foreign fiancee should she receive a K-1 visa. The Financial requirement is currently set at 125% of the poverty level as designated by housing and human services. For the current figures please see: K-1 visa financial requirements.

K-1 visa requirements imposed by IMBRA and the Adam Walsh Act

There are further K-1 visa requirements imposed by the International Marriage Broker Regulation Act and the Adam Walsh Child Protection Act. If the US Citizen has petitioned for 1 or more K-1 visas in the 2 years prior to current K-1 application, then they will be precluded from obtaining another K-1 without obtaining a waiver from USCIS. As to the Adam Walsh Act, the statute generally requires that the US Citizen mus not have a criminal history involving offenses against children in order to be eligible to apply for a fiancee visa.

K-1 visa requirements: Necessity of a US Immigration Attorney

Where there is a question as to whether or not the US Citizen and Thai fiancee meet the K-1 visa requirements it may be helpful to consult a US Immigration attorney in order to determine if all K-1 visa requirements have been met.

(Please note that none of the content contained herein should be used instead of personalized legal advice from an attorney. Further, this is a general list of K-1 visa requirements, it is non-exhaustive and therefore should not be used as a definitive source regarding K-1 visa requirements. No lawyer-client relationship should be assumed to exist between the author and reader of this article.)

Tags: K-1 visa application, K-1 visa requirements, K1 Visa, K1 visa requirements, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand | 2 Comments »

The K-1 Application: Frequently Asked Questions

A very frequently asked question with regard to the K-1 Fiance Visa is: how do we apply for a K-1 Visa? US Immigration procedure is a somewhat difficult to understand for those who have never dealt with the application process. This post will briefly provide details about the K-1 application, where it will be filed, and use of an Immigration attorney.

A common misconception held by many American Citizens is that a visa applicant can simply apply for the K1 Visa at the US Embassy directly. It is easy to understand why people believe this particularly in light of the fact that this is essentially the procedure for obtaining a US tourist visa. In the case of K1 visas this, however, is not the case. One must first file the K-1 visa application with an office called the United States Citizenship and Immigration Service, or USCIS for short. The application is then routed to the National Visa Center and remitted to the American Embassy in Bangkok.

There are so many forms, which should be used?

Many people are belabor under the myth that the US Immigration process is a very straightforward process. In reality, because US Immigration law is statute driven it can be quite complex to the point of being byzantine. The rules governing how and where things must be filed and the order in which petitions ought to be filed can be fraught with difficulty for the laymen. In the case of the K1 visa, the correct application form that should be used is the I-129f. This should not be confused with the I-129 petition form. Withing this application form, there are many questions that  a couple will need to confer about. Recent statutory changes like IMBRA and the Adam Walsh Act have created new restrictions with regard to who is allowed to petition for a K-1 visa.  The I-129f is the crux of the fiance visa application, but there are more government forms that must accompany this application along with supporting documentation that must be used to prove the legitimacy of the relationship.

Where do we file the K1 visa application?

The location that one should file a K1 application depends upon where the US Citizen’s residence in the United States is located. Another misunderstanding involves a belief that aK1 application can be filed at a local USCIS office. In most cases this is not correct. There are two Service Centers for US Citizens wishing to file a K1 application, one is in Vermont and the other is in California. The location for filing the application depends heavily upon the US Citizen’s state of residence.

Should we use an attorney to file a K-1 visa application?

Retaining the services of an attorney is a decision that each couple should decide on their own. That being said, a great deal of the administrative burden can be lifted by retaining attorney assistance. An attorney or law firm with an office in the home country of the fiancee can be even more beneficial because the attorney can deal with the fiancee’s issues at the US Embassy in real time.

(Nothing Contained herein should be thought of as an appropriatealternative to personalized legal advice from a competent attorney. No attorney/client relationship should be assumed to have been created by merely reading this post.)

Tags: Fiance Visa Thailand, I-129f, I-129f Application, K-1 Visa, K-1 visa application, K1 visa application, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 1 Comment »

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 »

On June 3rd the United States Senate held hearings on the Uniting American Families Act for the first time. This was a historic event because it marked the first time in history that the Senate held hearing regarding Same-Sex Family Immigration matters.

For those unfamiliar with the UAFA, it is a bill that would add the term “Permanent Partner” to the list of those eligible for US Immigration benefits based upon a family relationship. Under the Defense of Marriage Act, the Federal government only recognizes marriage between a man and a woman. The UAFA creates a new category of family member, namely: Permanent Partners.

A note of importance, the President of AILA , The American Immigration Lawyers Association, submitted a statement to the committee supporting the enactment of the Uniting of American Families Act. An interesting quote from the statement:

“[S]ame sex partners of U.S. citizens and legal permanent residents are not recognized as family members under current immigration law, no matter how long-term or committed the relationship. This outdated and biased definition forces U.S. citizens and legal permanent residents to make unconscionable, life-altering decisions to either relocate to a foreign country or permanently separate from their loved ones.”

The hearing was punctuated by the heart wrenching story of an immigrant partner who was taken away by US Immigration officers and deported in full view of her partner and family members in the USA.  The witness said on the record, “I was put into a van with two men in yellow jump suits and chains and searched like a criminal, in a way I have only seen in movies.”

On a related topic, the American State Department recently changed internal rules in order to allow same-sex partners of State Department employees the same rights as different sex couples. US Secretary of State was quoted as saying such rule changes were the “right thing to do.”

Current Immigration law still does not allow American Immigration benefits for same sex loved ones of American Citizens, but the above changes in guidelines and proposed enactments would greatly equalize immigration law to the benefit of same sex couples. It should be noted that this proposed legislation would have no effect on the Defense of Marriage Act, nor would it have any effect with regard to gay marriage. Instead, it would grant immigration benefits to persons previously not qualified to receive them.

(Nothing contained herein is to be construed as legal advice. No lawyer/client relationship is created by reading this post)

Tags: AILA, gay immigration, gay us visa, gay visa, lgbt immigration, same sex, Same Sex Marriage, same sex visa, uafa, Uniting American Families Act, US Visa Thailand
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The Thai legal system is based upon a system known as civil law. Unlike common law countries, civil law countries generally do not recognize marriages that are not duly registered. In a common law jurisdiction that upholds the concept of “common law marriage,” a couple that holds themselves out to the public as married can be deemed to be married by operation of law. This is not the case in Thailand where even having a wedding ceremony, referring to one another as man and wife, and sharing tax liability will generally not be enough for any court to recognize the existence of a marriage.

This marriage recognition system can have an impact with regard to US Immigration because one’s marital status in the eyes of USCIS can determine what type of visa a couple can apply for. There are some situations in which USCIS will recognize a customary marriage when the couple has no ability to register a marriage in the appropriate jurisdiction, this issue can arise in refugee marriages. However, this is the exception and not the rule. In most cases, USCIS will make determinations based upon actual marital registration status.

Therefore, if a couple has conducted a customary wedding ceremony (religious or otherwise) and has yet to register the marriage at the Amphur office, then it is likely that USCIS will view the couple’s status as unmarried. However, it may be wise to retain attorney assistance in cases where marital registration is an issue, because failure to properly explain the couple’s marital situation could lead to a visa denial by USCIS based upon the decision that the couple does not meet the statutory requirements for the visa category.

From a strategic point of view, marriage registration can be beneficial or disadvantageous depending upon where the US petitioner resides because residence will determine which USCIS office has jurisdiction. In some cases being married will qualify the couple for an Immigrant Spouse visa that would have a comparatively quick processing time because the US Citizen petitioner qualifies for overseas filing. In other cases, being unmarried may be an advantage because a K1 visa can be obtained. Regardless, decisions pertaining to marriage should not be made solely or the purpose of acquiring US Immigration benefits. It is always wise for couples to make informed and thoughtful decisions after careful research and investigation.

Issues regarding a couple’s relationship status will likely become even more complex should Congress decide to pass the Uniting of American Families Act which would entitle Permanent Partners of US Citizens to Immigration benefits.

(Please take notice: this blog post should be used for informational purposes only and should not be used in place of competent legal advice from a licensed attorney. An Attorney-Client Relationship is NOT created between the author and reader of this piece.)

Tags: Fiancee Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa Thailand
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Certain provisions of the Immigration and Nationality Act promulgated in 1952 create differing means and methods for family immigration to the USA. Of particular interest are the provisions specifically designed to provide visas and travel documents for foreign loved ones of Americans.

Pursuant to prior US immigration statutes and rules, an American Citizen with an alien fiancee was required to marry the alien loved one outside of the United States and subsequently petition for an Immigrant visa in order to obtain immigration benefits for the alien spouse. As time went by the number of United States Citizens marrying foreign nationals grew. As a result, the immigration caseload increased.

Over the years, the United States Congress has made efforts to ease the administrative burden shouldered by agencies involved in US Immigration. Concurrently, Congress has also passed measures designed to provide  more immigration options to those United States Citizens who have alien loved ones.

The K1 Fiance visa is an example of Congressional intent to assist bi-national couples. One major problem with the pre-K1 immigration regulations: what does a couple do if they cannot get married in the foreign fiancee’s home country? Prior to passage of the legislation creating the K1 visa category many couples found themselves unable to immigrate to the USA together if the non-US Citizen’s home country would not legalize the marriage.

These types of situations can be seen even today. In Southeast Asia, there are many countries that make restrictions upon marriage to foreigners. Burma (also known as Myanmar) has enacted stringent rules regarding marriage to foreigners. At different points in Cambodia’s history, there have been instances of government attempts to keep Cambodians from marrying non-Cambodians. In situations such as this, a K1 visa can be a godsend for couples because it allows them to obtain a US visa without the requirement of formalized marriage. Once present in the USA on a K1 visa the foreign fiancee can marry the American Citizen and submit an application for adjustment of status. After the adjustment of status application is approved, the foreign fiancee is given permanent residence.

In Thailand, a country that makes no specific provisions barring foreign nationals from marrying Thais, the K1 visa is often sought because the processing time is quick in comparison to the K3 visa or the Immigrant US Marriage Visa. However, the K1 is not necessarily the fastest option because sometimes locally filing an immigrant visa petition is the fastest method of visa acquisition.

(No attorney-client relationship is created between the author and reader of this post. This post is written and distributed for educational purposes only and is not a substitute for legal advice.)

Tags: K1 Visa Burma, K1 Visa Cambodia, K1 Visa Myanmar, K1 Visa Thailand, US Visa Burma, US Visa Cambodia, US Visa Thailand
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