Integrity Legal

Most United States Visas that process through the US Embassy in Bangkok, Thailand proceed in an efficient and uneventful manner. The Officers in the US Consular Section have a large caseload and generally do their job in a professional and diligent manner. This being said, some Immigration and visa cases are delayed. The term used in American Immigration circles when a visa application is set aside for further review is: administrative processing.

Administrative Processing and the 221(g)

Technically a 221g denial and request for more evidence could be classified as “administrative processing.” In practice, most cases that are in administrative processing have been red flagged because there is a suspicion of immigration fraud or there is some aspect of the case that the consular officer feels warrants further investigation. In cases such as this the application can be delayed for weeks or months until a final determination is made.

Does Administrative Processing mean a US Visa is Denied?

In some cases administrative processing can occur after a visa application has been denied and needs to be sent back to USCIS to close the case. In the case of a Fiance visa or marriage visa, this would likely only occur upon a factual finding by the consular officer that there is not a bona fide relationship underlying the visa application.  This type of visa denial is very rare in US Family Immigration matters.  However, a Consular officer who is suspicious about a particular visa application could put the case in administrative processing and ask for further documentation. The fraud unit would likely review the application further in order to ascertain the visa application’s merits.

There are other situations where a visa application could go into administrative processing. Of particular note are situations where beneficiaries have been present in the United States previously and have done things that may raise  questions about what they were doing while stateside. A good example would be someone in the United States on a visa without work authorization who was working. This factual scenario would probably cause a case to go into administrative processing because the Consular officers would want to know more details about the applicant’s previous experience in the USA.

Administrative Processing is something many applicants seek to avoid and one of the best methods of doing so is to have a well prepared application. Further, Consular Officers are very well trained when it comes to picking up on cues that an application might be fraudulent. For this reason, we highly recommend that the best way to stay out of administrative processing is to file a bona fide application. Honesty is always the best policy when dealing with the United States Government and the US Embassy Thailand is no exception.

If a case should be denied because the applicant was deemed legally inadmissible, then an I-601 waiver may be sought.

For more information please See K-1 Visa Thailand or K3 Visa Thailand.

Tags: 221g, 221g denial, American Visa Thailand, I-601 Waiver, K-1 Visa Thailand, us embassy bangkok, us embassy thailand, us visa denial, US Visa Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | 1 Comment »

US Immigration and Thai Immigration have a great deal in common and also many differences. I decided to write a quick blog post exploring the differences between the two systems in order to provide more clarity for those seeking to immigrate to either Thailand or the United States.

With regard to ease of visa obtainment, overall it is generally more difficult to obtain a USA visa than a Thai Visa. That being said, there are certain aspects of US Immigration that are far more generous than Thailand’s system. For example Thai Permanent Residence is very difficult to obtain from a practical standpoint and almost no one enters the country with Permanent Residence, especially if they have never been to Thailand before. In contrast, the United States confers lawful permanent residence upon entry to the USA for those married to a United States Citizen for longer than 2 years at the time of visa application.  For those married less than 2 years at the time of application, conditional permanent residence is immediately granted upon entry and the conditionality must be lifted later.

A Thai Business Visa is somewhat similar to an American Business Visa in that both allow for travel to the USA or Thailand for business purposes. However, neither visa actually confers the right to work in either country. This is where the similarities end because in order to obtain lawful employment in the USA the immigrant would need to get a visa that has work authorization. In Thailand, the immigrant would need to obtain a Thai work permit. Getting work authorization for Thailand is somewhat easier in Thailand than in the United States.

The Thai Tourist Visa and the American Tourist Visa are quite similar. They both are non-immigrant visas designed for recreational purposes. Currently, the Thai Tourist visa is being offered free of charge to those wishing to visit the Kingdom of Thailand. This is not the case for the American tourist visa as a non-immigrant application fee and pin number fee are required for those applying for a tourist visa.

One of the most significant differences between United States Immigration and Immigration to Thailand is the fact that Thailand does not have any provisions in its Immigration law for a Fiance visa. The Fiancee Visa in the United States is commonly know by its visa category classification: K-1 visa. No matter what it is known as, it is designed to allow a Fiancee of an American Citizen entry into the United States for the purpose of marriage and permanent residence in the USA. Thailand has nothing remotely resembling this type of visa. Further, it does not appear that Thailand will be creating anything like the K1 Visa anytime soon.

Overall, Thai Immigration is dissimilar to American Immigration because US Immigration is far more substantially funded and has more agents operating under the aegis of USCIS and the US State Department.

(Nothing contained in this blog post should be used as legal advce. No Attorney/client relationship shall be created between author and reader.)

Tags: American Visa Thailand, K-1 Visa Thailand, Thai Visa, Thailand Business Visa, Thailand Visa, US Immigration Thailand, us visa lawyer thailand, US Visa Thailand
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, Legal Opinion, Miscellaneous, Thailand Visa, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | 1 Comment »

President Obama has recently been criticized by many members of the LGBT community for what appears to be a reversal of his campaign stance on same-sex rights.  Presently President Obama’s Justice Department is defending the Defense of Marriage Act (DOMA) in the US courts. However, President Obama has made statements claiming that while his administration is in the process of enforcing the provisions of DOMA, he is also working to have the law repealed. Apparently, President Obama is trying to apply pressure to Congress in order to make them repeal the Defense of Marriage Act. Mr. Obama was quoted in a speech as saying:

“I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination against same-sex couples in this country. Now, I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law.”

What are the Consequences on US Immigration if the Defense of Marriage Act is Repealed?

Should the Defense of Marriage Act be repealed, the upshot would be that the Federal government would recognize same-sex marriage. Therefore, US Immigration benefits would likely be conferred based upon a marital relationship. Thus, if a same sex couple enters into a valid marriage in a country like Belgium, then they could file an I-130 petition for a CR-1 visa based upon their relationship (under this hypothetical scenario, they could also file a supplemental visa application for a K3 visa).

In another hypothetical situation, the same couple are now unmarried, but they have a bona fide relationship and intend to marry in the United States in a jurisdiction that allows and recognizes same sex marriage (Massachusetts for example). This factual situation would likely allow that couple to file a visa application for a K-1 visa because the parties would meet the legal requirements imposed upon those wishing to obtain a US visa for a fiance.

It is currently uncertain whether Obama will successfully lead the charge to repeal the Defense of Marriage Act. What is certain is the fact that should the Defense of Marriage Act be repealed it will have a major impact on United States law and a crucial impact upon same sex immigration rights. If Obama is successful in repealing DOMA the upshot will likely be that the Uniting American Families Act (UAFA) will be rendered superfluous because same sex marriage would be included in the umbrella term “marriage” under current US Immigration law.

(Please not that the above information is for eductaional purposes only. No attorney-client relationship shall be inferred to be formed between the author and any readers of this post.)

Tags: CR1 Visa, DOMA, K1 Visa, K3 Visa, Obama, Same Sex Immigration, same sex visa, uafa, US Immigration, US Visa
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Upcoming Legislation, US Visa and Immigration | No Comments »

There are essentially three government agencies that have a hand in the US Visa process: the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), and the United States Department of State (the Department with jurisdiction over the US Embassies, Consulates, and Diplomatic Posts abroad). Of these three agencies, USCIS has the case in its possession for the longest period of time because the petition must be initially adjudicated by their officers.

Within the USCIS administrative structure there are two service centers that handle the adjudication of the K1 visa application and K3 visa application for fiancees of United States Citizens (in both cases, the actual application form is called the I-129f). The Services Centers are located in California and Vermont, respectively. They each have their own unique jurisdiction depending upon the residence of the petitioner.

Within the past few days, the USCIS service center in California issued a revised estimate regarding how long it is taking for adjudication of K-1 visa applications and K-3 visa applications. They are now estimating that it will take 5 months for the average visa petition to be adjudicated. This is compared to the previous estimate of 6 months.

As I have explained on this blog and to people in the past. This estimate tends to be quite conservative as we tend to see these petitions adjudicated by USCIS in a much more timely manner than this. That being siad, the prospective immigrant or sponsor should be aware that the petition must also pass through the National Visa Center (which generally processes I-129f petitions faster than Immigrant Visa petitions) and the US Embassy Bangkok.

K3 visas a re also different because one needs to take into account the underlying I-130 petition that acts as the foundation for the supplemental I-129f petition that garners an expedited visa.

At the back of everyone’s mind should be the idea that all time frames for visa obtainment are estimates only as many factors can be at play when a visa application is processing. The best advice is to plan for the worst, but hope for the best. It has been our experience that the US Embassy in Thailand works in a very efficient manner in an effort to get petitions adjudicated quickly. The USCIS service centers are generally the “bottleneck” where visa applications can get delayed.

(No aspect of this piece should be construed as legal advice because this post is written for educational and informational purposes only. No attorney-client relationship should be construed to exist between the author and reader of this post.)

Tags: American Visa Thailand, Department of State, K1 visa processing time, K1 Visa Thailand, K3 Visa processing time, K3 Visa Thailand, National Visa Center, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »

A question sometimes posed with regard to US Immigration from Thailand involves the possibility of a Thai fiancee or spouse eventually acquiring United States Citizenship by naturalization. Even in a case in which the couple in question is seeking a K-1 visa or a K-3 Visa (which are both non-immigrant visas) there still seems to be an underlying belief that eventually the immigrant fiancee or spouse will one day wish to acquire United States citizenship.

Many people wonder about the time and residency requirements for naturalization. In many cases the ability to read, speak, and write in the English language is a requirement and a general knowledge of the history and government of the United States is also mandatory.

As to the residency requirement, the United States Citizenship and Immigration Service (USCIS) stipulates that one must have been lawfully admitted to permanent residence in the United States in order to subsequently apply for citizenship. The USCIS website goes further and states:

“Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.”

To quote further from the USCIS website, in order to Naturalize as a United States Citizen one must meet the following eligibility requirements set forth under the Immigration and Nationality Act. Basically, the applicant must:

1. have resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
2. have been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant’s continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
3. have resided within a state or district for at least three months

Beyond these requirements the applicant must also show that they are of good character. Which is best indicated by an absence of criminal record. In cases where a child of an American Citizen is not eligible to acquire US citizenship at birth, naturalization technically occurs automatically upon the child’s entry into the United States on an Immigrant Visa.

Please note: that where the applicant for naturalization gained lawful permanent residence due to marriage to a United States Citizen, the time requirement for naturalization is 3 years of permanent residence and 18 months physical presence in the United States.

(This post is intended for general informational purposes only and should not be used as substantive legal advice. For more information please contact a licensed attorney. This post does not create a lawyer-client relationship between the person writing this post and those later reading it.)

Tags: Fiance Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, Marriage Visa Thailand, Naturalization, us visa lawyer thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration | Comments Off

Hiring an Immigration attorney is a decision that each couple makes based upon their unique set of circumstances and that decision should be made after careful review and research. That being said, when the decision is made that a US visa lawyer is necessary,  sometimes couples are unwittingly duped into hiring a non-licensed “immigration consultant” or “visa agent.” In even worse situations, the couple believes that they are actually retaining the services of a licensed lawyer when in fact they are dealing with someone who has never completed formal legal training or been licensed to practice law.

Form G-28 is a required form that must be submitted to the United States Citizenship and Immigration Service (USCIS) when the initial visa application is sent to the USCIS Service Center. Basically, the G-28 puts the United States government officers working at USCIS on notice that an attorney will be representing the petitioner, beneficiary, or (more common in family base cases) both parties. Further, the US Embassy in Bangkok will currently allow attorney’s to present 221g follow up documentation provided a G-28 form has been signed by the Beneficiary and the attorney can produce credentials showing that they are in fact licensed to practice law in at least one United States jurisdiction.

One of the convenient aspects of hiring an attorney from the point of view of the United States Citizen petitioner and the Thai fiancee Beneficiary is the fact that once the attorney enters his or her appearance, then most, if not all correspondence, will be sent to the attorney’s office.

Also, the G-28 acts as a litmus test to determine if the person or organization one is dealing with is an actual attorney or law firm. USCIS has made regulations which stipulate that only attorneys and non-profit organizations are allowed to represent clients in United States Immigration matters. With regard to non-profit organization, these types of institutions are defined as those like the Red Cross or other non-governmental refugee organizations. In circumstances where a “representative” is used who is not a licensed attorney, USCIS has stated that the representative must take little or nothing with regard toa fee. This provision seems truly to have been designed with organizations assisting indigent refugees in mind.

On the G-28 form, the attorney, petitioner, and beneficiary will need to affix their signatures. The attorney will also place his or her state of licensure on the form. In the case of the K-1 visa application, the attorney will also place his or her G-28 number on the form I-129f.

For further information please see:

K1 Visa

K3 Visa

(Please be on Notice: this piece is not intended to be regarded as a substitute for legal advice. Please seek legal advice from a licensed attorney. This post creates no lawyer-client relationship between the parties writing or reading it.)

Tags: 221 (g), G-28, G28, K-3 Visa Thailand, K1 Visa Thailand, US Embassy Thailand Bangkok, US Immigration Lawyer, US Immigration Lawyer Thailand, US Immigration Thailand, us visa lawyer thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 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 »

The whole point of obtaining a K1 visa is to allow the Thai fiancee a 90 day visit after traveling to the United States in order to ultimately get married. Should the couple opt not to marry, then the Thai fiancee will need to depart the country before the 90 day visa validity expires.

For those couples applying for an Immigrant Spouse Visa (CR-1 or IR-1) or a K-3 Visa, the marriage should already have taken place as the legal marriage acts as the foundation upon which the visa application is based.

That being stated, unlike Thailand, where marriage registration is a uniform process that essentially involves a trip to the local Amphur office for execution, in America the marriage procedures differ depending upon the state. Also, some states require the couple obtain a marriage license and wait a statutorily prescribed period before marriage. For the convenience of those reading this blog, here is a state by state list of rules regarding US marriage.

One should bear in mind that upon marriage in the USA, the US Citizen should petition for adjustment of status for his new Thai wife.

For more about the above chart please click here

Please be advised that the above is an improper substitute for personal one-to-one legal advice from an attorney. No attorney client relationship is formed between the reader and the author.

Tags: American Visa Thailand, K-1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, Marriage, Marriage Registration, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration | No Comments »

A question on the lips of any Thai-American couple when first making the decision to immigrate to the United States is: “how long is this process going to take?” This is a question that can have many different answers depending upon the couple’s situation, visa category, and the processing center that will adjudicate the petition.

Visa Processing Times By Visa Category

The category of visa can have a crucial bearing upon how long it will take to process the visa application. This would seem to be due to the fact that more people tend to apply for certain visa categories, while others are requested less often.

A case in point, far more Immigrant visa applications are submitted than K-3 visa applications. This may be due to the fact that the immigrant visas confer a Green Card or because a K-3 visa application  requires a second petition. Some visa categories may take longer to process because there is heightened scrutiny of the visa application during its adjudication.

This author believes that Immigrant visas, also known as CR-1 or IR-1 visas, which confer permanent residence are scrutinized more carefully because of the privileges attached to the visa. An IR-1 visa beneficiary enters the USA with unconditional lawful permanent residence, the IR-1 beneficiary may remain in the USA indefinitely, provided he or she does not commit some sort of act that results in deportation.  Compare this scenario with a K-1 visa application where the visa ultimately obtained will only entitle the beneficiary to 90 days in the USA and require a further adjustment of status application and one can begin to understand why the applications for the K-1 visa seem to process faster.

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) submitted to the Vermont Service Center :

For more processing times garnered from the source of these estimates please click here

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) being processed at the California  Service Center:

For more processing times garnered from the source of this information please click here

All of the above processing estimates are an accurate, but approximate, depiction of USCIS processing times at the time of this writing. As a practical matter, USCIS seems to take more time for adjudication of some of the categories mentioned above than for others. Further it should be noted that the US Embassy in Thailand and the National Visa Center can add time to these estimates if they are processing large caseloads. For more specific information regarding visa cases filed at a USCIS service center and being processed at the American Embassy in Thailand please contact [email protected].

Expatriates living in Thailand may be able to file a visa petition at the USCIS office in Bangkok. By doing so, the processing time estimates are different in comparison to filing in the USA. Generally, when one petitions for an immigrant visa locally, they can expect to obtain that visa in much less time than those compelled to file in the USA.

(Please be advised: Nothing in this post should be construed as mean for any other purpose than providing educational information. Therefore, this post is no substitute for one-on-one legal advice from a licensed attorney. No lawyer-client fiduciary relationship is created between the author and any reader of this post.)

Tags: American Embassy Thailand, American Visa Thailand, CR-1 Visa, Green Card, IR-1 Visa, K-1 Visa Processing Time, K-1 Visa Thailand, K-3 Visa Processing Time, USA Visa Thailand, USCIS, Visa Processing Time
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

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 »