Integrity Legal

Recently, one of the administrators of this blog came across an article on the Telegraph’s website. The article reported on the recently announced future legalization of same-sex marriage in the country of Nepal. To quote the article directly:

“Nepal’s homosexual community, which is led by Asia’s only openly gay member of parliament, will next month host a tourism conference to explore how to attract wealthy gay visitors to boost the country’s war-ravaged economy. The country’s new constitution will legalise homosexual marriage in May this year, when “Pink Mountain” will begin offering luxury honeymoon and wedding packages.”

This is a rather stunning announcement as few countries in Asia have legalized marriage between individual’s of the same sex. The article went further:

“Sunil Babu Pant, a Communist legislator and leader of the country’s homosexual rights movement, has launched a travel company dedicated to promoting the former Hindu kingdom to gay tourists in an effort to tap the so-called “Pink Pound” and dollar…Mr Pant is hoping to build on the government’s new determination to maximise income from tourism by targeting all potential markets…’The government is hoping to increase the number of tourists from 400,000 to one million next year and has taken a positive attitude to welcoming gay and lesbian visitors to help meet their ambitious target,’ he told The Daily Telegraph on Tuesday.”

This move should be applauded not only because many feel that it is the morally correct thing to do, but also because it will likely result in a major economic boon for Nepal.  A question on the minds of many who are interested in the issue of same-sex marriage and US Immigration is: how will this impact rights of gay couples who wish to immigrate to the United States of America?

In the short term, movements such as this will not have a direct impact on US Federal Immigration policy as the Defense of Marriage Act (DOMA) still precludes the promulgation of US Immigration benefits based solely upon a same-sex marriage. However, as more countries begin to legalize marriage between people of the same sex it becomes more apparent that the movement has gained something of a critical mass internationally. Further, the legality of DOMA is likely to eventually be taken up by the United States Supreme Court as there is currently a pending Federal Court Case in Massachusetts as well as a challenge in California Federal District Court to the provisions of “Prop 8″ in California.

It would seem that if the US Supreme Court overturns DOMA, then a valid same sex marriage in a country such as Nepal could be used as a basis for applying for US Immigration benefits. That being said, if DOMA were repealed then same-sex partners could possibly be entitled to file for such US Immigration benefits as a K1 visa or a K3 Visa at a US diplomatic post abroad (such as the US Embassy in Nepal). However, these issues have not been fully resolved and current US same-sex family immigration policy remains as an insurmountable obstacle to re-uniting many same-sex couples in the USA.

Another issue to remember on this topic is the Uniting American Families Act (UAFA) which would provide US Immigration benefits to the “Permanent Partners” of US Citizens or lawful permanent residents. A valid marriage would probably be seen as a strong piece of evidence supporting a claim of “permanent partnership.”

Tags: Defense of Marriage Act, DOMA, K1 Visa, K1 visa gay marriage, K1 visa same sex marriage massachusetts, K3 Visa, K3 visa gay marriage, Same Sex Marriage, same sex us immigration, uafa, Uniting American Families Act, US visa gay marriage
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, US Embassy Kathmandu, US Embassy Nepal, US Visa and Immigration, US Visa Thailand | No Comments »

The US visa process is a time consuming endeavor, but for those who eventually obtain a visa the process can seem well worth the wait as United States Permanent Residence entails both the right to remain in the USA as well as the right to take up employment. The Resident Alien Card, also know as the “Green Card,” is a very important document for US permanent residents. Upon entry in the United States on an Immigrant visa (such as an IR-1 visa or CR-1 visa), the entrant is given an I-551 stamp in his or her passport. This stamp is, for all intents and purposes, the entrant’s “green Card,” until a proper resident alien card is issued. In the past, Resident Alien Cards were sent to American lawful permanent residents by mail, but there were situations where the Resident Alien did not receive there “Green Card” and this caused problems. In a recent USCIS stakeholder’s meeting this issue was discussed as the following question was posed:

“According to current USCIS practice, when a green card is sent to an address, but the applicant does not receive it, and the package is not returned to USCIS as undeliverable, the client must pay a $370 fee to request another card. This is very difficult for indigent clients. Given the importance of this document, could USCIS institute a policy of sending green cards by certified mail, return receipt requested?”

The issues involved in this question impact aliens in the USA on a daily basis and luckily the United States Citizenship and Immigration Service (USCIS) appears to have come up with a solution to deal with this problem. The details of this solution are contained in the Service’s response below:

“USCIS has developed a means to deliver our secure documents called the Secure Mail Initiative (SMI). This involves sending the secure documents using U.S. Postal Service Priority Mail with Delivery Confirmation. Using this process allows us to track each individual piece of mail electronically through the U.S. Postal Service and speeds our delivery time while enhancing accountability to customers. Currently, we are experiencing tremendous success with SMI in our travel booklet product line (Refugee Travel Documents, Form I-571 and Re-entry Permits, Form I-327).”

Hopefully the Secure Mail Initiative will solve this problem in the vast majority of cases. Although no plan is perfect, it seems like this new method of mailing important immigration documentation will ensure document receipt in most cases as the recipient, or someone in the same household, will be required to confirm delivery of this documentation.

This issue is not only relevant for those with an Immigrant visa, it is also of importance for those who enter the USA on a K1 visa or a K-3 Visa as these travel documents are dual intent visas and require adjustment of status in order for the alien spouse to remain in the USA in Lawful Permanent Resident Status. Assuming that the I-485 adjustment of status application is approved, the alien will receive his or her resident alien card in the mail as well. Due to timing issues, the Secure Mail Initiative may be as beneficial, if not more so, to immigrants in these visa categories as it is more likely that these aliens will have changed their address while awaiting approval of the adjustment of status application.

We at Integrity Legal commend USCIS for taking this issue seriously and providing a workable solution to what can be a difficult problem.

Tags: CR-1 Visa, CR-1 Visa Thailand, Green Card, IR-1 Visa, IR-1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Secure Mail Initiative, SMI, US Visa Thailand, USCIS
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

One of the co-authors of this blog has recently discovered that the United States Citizenship and Immigration Service (USCIS) has added a new web log (blog) to their official website. This blog is apparently designed to provide more up to date information as well as insights regarding United States Immigration and Department of Homeland Security policy. The new blog can be found at this link.  We at Integrity Legal wish to welcome USCIS to the blogosphere as we are anxious to read about current the news in United States Immigration policy.

In the initial posting on the new blog, USCIS took the opportunity to discuss the measures that have been taken to accord Haitian Nationals with Temporary Protected Status (TPS). This status allows those of Haitian Nationality who are present in the United States to file for protected status so as to avoid being placed into removal proceedings and sent back to Haiti. The reason that the United States Citizenship and Immigration Service has taken this measure is to avoid sending Haitians back to their home country as the Republic of Haiti has recently been the victim of incredibly damaging hurricanes and as a result the conditions in the country are tragic, if not, downright abysmal.

To quote directly from the USCIS blog:

The devastating earthquakes in Haiti have made it both dangerous and virtually impossible for most Haitian nationals living in the U.S. to return to their country in the near future. To help protect those who might otherwise be repatriated to a nation struggling to recover, the Secretary of Homeland Security announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010.

In this situation, USCIS has shown a very high level of efficiency, decisiveness, and compassion as TPS status was quickly granted to Haitians. It would appear that the decision to grant this status is based almost entirely upon humanitarian grounds and it is hard for anyone to disagree with the idea that sending Haitians back to Haiti at this time would be morally wrong, to say the least. That being said, the ultimate fate of Haitian nationals in the United States remains to be seen, but for now those present in the US do not need to fear the specter of being forcibly returned to their devastated homeland.

Hopefully, the United States Citizenship and Immigration Service will continue to provide relevant and important information through its website, press releases, and blog posts.

Tags: American Immigration blog, American visa blog, United States Citizenship and Immigration Service, US Immigration blog, US Visa blog, USCIS, USCIS blog
Posted in CR1 Visa, F1 Visa Thailand, Fiance Visa Thailand, General Legal Information, IR1 Visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

The United States Consulate at the American Embassy in Bangkok conducts most, if not all, of the immigrant and non-immigrant family based visa application interviews submitted by those resident in the Kingdom of Thailand. The Immigrant Visa Unit is a division of the United States Consulate which has been given the specific task of adjudicating Immigrant visa applications for travel documents such as the IR1 and the CR1 visa as well as the non-immigrant dual intent travel documents such as the K1 visa and the K3 visa.

The visa interview itself is viewed by many applicants with apprehension and fear as they are worried that it will be used in an attempt to undermine the applicant’s visa application. In reality, nothing could be further from the truth. In cases where the applicant has been candid, told the truth on the application forms,  and provided proper documentation the interview is simply an exercise on the part of the Consular Officers to determine that the applicant is who they say they are and that they meet the legal and factual requirements for visa issuance. The interview is not conducted in an effort to somehow humiliate or degrade the applicant, it is truly an investigation into the facts of the case. This being said, those that lie on an application or falsify documentation will likely have an unpleasant experience at the US Embassy as an Administrative Processing interview with the Fraud Prevention Unit can be a less-than-pleasant undertaking. Although courteous, the Consular Officers will often conduct their due diligence zealously in order to uncover the truth regarding the facts of the application.

Honesty is always the best policy when it comes to US Immigration matters. Unfortunately, some so-called “visa agents” in Thailand encourage applicants to lie in order to cover up some perceived problem with the application.  Not only is this practice unethical, but in the case of visa interviews it is almost cruel to send a non-native English speaker into the Embassy to be interrogated by officers trained and experienced in conducting these kinds of due diligence.

After the visa interview, should the application be approved, the Consular Officer will usually take the applicant’s passport and provide them with a “Red Card.” Many who research US Immigration are quite familiar with the so-called “Green Card,” which is the Resident Alien Card provided to aliens in the US as proof of lawful permanent residence in America. A “Red Card,” is the appellation that some Immigration attorneys in Thailand as well as Thai visa applicants have applied to the the small index card that the US Embassy in Bangkok provides the applicant should their passport be taken for visa issuance. The reason that this card is referred to it as a “Red Card” is due to the fact that the stamp on the card, which denotes (in Thai and English) the date and time that an applicant can pick up the passport and visa, is red.

Red Cards are not necessarily a guarantee of visa issuance as in rare cases necessary documentation is overlooked and must still be presented by the applicant. However, in the vast majority of cases when a Red Card it issued it means that the visa will more than likely be issued and can be picked up a few days after the conclusion of the interview.

Please note that each US Embassy or US Consulate has different administrative procedures and rules. Therefore, the information regarding “Red Card” issuance at the US Embassy in Bangkok may be completely irrelevant when it comes to other posts such as the US Embassy in Myanmar or the US Consulate in HCMC. Therefore it is advisable to refer to each Embassy’s individual website for specific information about processing a visa application through that particular post.

Tags: Administrative Processing, American Embassy Bangkok, American Embassy Thailand, CR-1 Visa, CR1 Visa, Fraud Prevention Unit, Green Card, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, Red Card, US Consulate, US Embassy, us embassy bangkok, us embassy thailand, Visa Interview
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Consulate HCMC, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 1 Comment »

One of the major questions invariably on the lips of prospective visa applicant’s and petitioners is: how long will the process take? This question is not as easily answered as some might think because the entire process is actually three processes in one. First there is the United States Citizenship and Immigration Service (USCIS) adjudication phase, then there is the National Visa Center (NVC) processing phase, and finally there is the US Embassy interview and adjudication phase. In most cases, the interview phase is the final phase of the process as the visa application is either approved or denied at this point. However, if there is a legal grounds of inadmissibility or if the applicant has previously been subject to deportation or expedited removal in the US, then either an I-601 waiver or an I-212 waiver may be necessary. In routine cases, the interview is usually the last major phase of the visa obtainment process.

That being said, the first major phase of the process involves the submission of petitions to USCIS. As many petitions are filed with USCIS each year, this phase of the process is often the most time consuming as the US Citizen or Lawful Permanent Resident’s petition must wait in the queue for adjudication.

Recently, USCIS updated their processing time estimates, below please find the most recent processing time estimates for family based petitions for K-1 visas, K-3 visas, and Immigrant visas.

The California Service Center processing times are as follows:

The Vermont Service Center processing times are as follows:

One should not misunderstand the above information, these processing times do not reflect the entire time that it takes to complete the entire visa process as a US Family visa petition must also process through the National Visa Center as well as the Embassy in the country where the visa is to be issued. In Thailand, most visa applications for family members of US Citizens or Lawful Permanent Residents are adjudicated at the US Embassy in Bangkok.

Tags: American Visa Thailand, K-1 Visa, K-3 Visa, K1 Visa, K1 visa processing time, K1 Visa Processing Times, K1 Visa Thailand, K3 Visa, K3 Visa processing time, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The United States Citizenship and Immigration Service (USCIS) is tasked with adjudicating Immigration applications such as the I-129f, I-130, and the I-601 waiver. They have offices throughout the United States and around the world. In Bangkok, the USCIS office is the administrative hub for virtually all US Immigration matters arising in Southeastern Asia.

This author recently came across a press release from the United States Citizenship and Immigration Service (USCIS) in which Director Alejandro Mayorkas explained that USCIS will be undergoing some organizational changes. The author obtained this information through the American Immigration Lawyers Association website. To quote directly from the press release:

“We at U.S. Citizenship and Immigration Services have realigned our organizational structure to achieve greater efficiency and to more ably accomplish our mission. The realignment reflects the prioritization of certain critical Agency responsibilities. The three most significant changes are:

The creation of a Fraud Detection and National Security Directorate. This change reflects our prioritization of our anti-fraud and national security responsibilities and will bring greater focus to them.

The creation of a new Customer Service Directorate. This change reflects our prioritization of customer service and recognizes the significant efforts that will be needed to ensure that we are at the cutting edge of service modeling.

The division of the existing Domestic Operations Directorate into two separate directorates, Service Center Operations and Field Operations. This change will foster greater innovation and achieve greater efficiency in our delivery of immigration services.”

Fraud prevention is a constant priority for USCIS as the US Immigration system is, at times, plagued by sham marriages, fraudulent petitions, and unlicensed operators claiming to be immigration attorneys. Further, the internal bifurcation of Service Center Operations and Field Operations will likely lead to greater efficiency in both areas as they require different types of administrative supervision.  In the case of K visas, there are two service centers that handle K1 and K3 visa petitions. Meanwhile, applications for Immigrant visas are received at the USCIS lockbox.

Finally, the creation of a Customer Service Directorate will be a boon to Immigration attorneys and laymen alike as the confusing aspects of the Immigration process can be clarified by contacting a USCIS Customer Service Representation. This author is happy to see that USCIS is taking the time to internally reorganize in an effort to provide better service to both United States Citizens as well as foreign nationals.

For those interested further reading about the US Immigration process please see: K1 visa process.

Tags: Immigration attorneys, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Process, K1 Visa Thailand, K3 Visa, US Visa Thailand, USCIS, USCIS Reorganization
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

The US Embassy in Bangkok, Thailand is open throughout the year and keeps regular business hours from Monday to Friday of each week. The different Sections of the Embassy have differing operating hours which mostly depends upon each section’s internal administrative needs. However, many expats and tourists in Thailand are unaware that the Embassy is closed in observance of both Thai and American holidays. This can cause frustration as some people  go to the Embassy under the mistaken belief that it is open when in fact it is closed in observance of either a United States Federal Holiday or an official Holiday in the Kingdom of Thailand.

In 2009, this author went to the US Embassy thinking it would be open only to find it closed in observance of Veteran’s day. The author should have checked the closing schedule before going, but this is an example of how the more obscure holidays (both US and Thai) can be overlooked by those traveling to the Embassy. Therefore, in an effort to forestall others making this same mistake, particularly those who must travel a long way to get to the Embassy, we have provided the 2010 list of holiday closures at the American Embassy in Bangkok.

In order to provide up to date information for those who wish to go to the Embassy, the following is a list of the holiday observances in 2010. On these dates, the US Embassy in Bangkok and the US Consulate in Chiang Mai will be closed.

January 1 Friday New Year’s Day

January 18 Monday Martin Luther King, Jr.’s Birthday

February 15 Monday Presidents’ Day

April 6 Tuesday King Rama I Memorial and Chakri Day

April 13 Tuesday Songkran Day

April 14 Wednesday Songkran Day

April 15 Thursday Songkran Day

May 5 Wednesday Coronation Day

May 28 Friday Visakha Bucha Day

May 31 Monday Memorial Day

July 5 Monday Substitute for Independence Day

August 12 Thursday Her Majesty The Queen’s Birthday

September 6 Monday Labor Day

October 11 Monday Columbus Day

October 25 Monday Substitute for Chulalongkorn Day

November 11 Thursday Veterans Day

November 25 Thursday Thanksgiving Day

December 6 Monday Substitute for His Majesty the King’s Birthday

December 10 Friday Constitution Day

December 24 Friday Substitute for Christmas Day

December 31 Friday Substitute for New Year’s Day

As stated previously, on the above dates the Embassy will be closed, this includes the American Citizen Services Section of both the Embassy in Bangkok and the Consulate in Chiang Mai. This could lead to difficulties for those in emergency situations who need a passport. The United States Embassy provides Emergency contact information for those needing assistance while the Embassy is closed. Follow this url to the US Embassy website for more information about contacting the Embassy during holiday closing times: http://bangkok.usembassy.gov/holidays.html.

For those interested in more information about obtaining a US visa for a Thai loved one please see K1 visa or K3 visa.

Tags: American Citizen Services, American Citizen Services Bangkok, American Citizen Services Thailand, K1 Visa Thailand, K3 Visa Thailand, US Consulate Chiang Mai, US Consulate General Chiang Mai, us embassy bangkok, US Embassy Chiang Mai, us embassy thailand, US Visa Thailand
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

For detailed information about F-1 Student Visas please see: F1 Visa Thailand. For further reading about American Immigration from Thailand please see: US Visa Thailand.

The F-1 Visa in 2010

Unlike the J1 visa, the F1 Student Visa rules were left unmodified with no proposals for modification in 2009. That being said, the F1 visa could turn out to be a problem for those later filing for a family visa category such as a K-1 or K-3. This can be attributed to the fact that some of those who enter the United States on an initial F-1 visa either overstay their visa or remain for a long period of time in “duration of status.” Duration of status means that the visa holder is in status so long as underlying reason for traveling to the United States still exists. Those who remain for a long period of time in duration of status are unlikely to be later found inadmissible due to overstay as they usually do not accrue unlawful presence. However, their application and file may be placed into administrative processing while the Consular Officers make a determination regarding the applicant’s previous status in the United States. In some ways, this can be more frustrating than a finding of inadmissibility because Administrative Processing can take a great deal of time as the Consular Officers diligently research the applicant’s immigration history.

The F1 visa in Thailand is similar to the J1 visa in Thailand because the applicant may interview at the US Consulate in Chiang Mai rather than the US Embassy in Bangkok if the applicant lives in the Chiang Mai Consular district. One should not assume that one post is any “better,” than the other because at either post, the Consular Officers still make their decisions based upon the Immigration and Nationality Act (INA) and the Foreign Affairs Manual (FAM). It has been the author’s opinion that Consular Officers adjudicate cases “by the book,” and therefore any type of “forum shopping,” could be counterproductive.

Unlike a K1 visa, the F-1 visa is not a dual intent travel document so the Consular Officer must make a presumption of immigrant intent pursuant to section 214b of the INA. In order to overcome this presumption, the F1 visa applicant must demonstrate that they have “strong ties,” to Thailand and do not intend to remain in the United States past the expiration of their visa. The F-1 visa applicant must further prove that he or she has the financial resources necessary to pay for the educational course of study as well as living expenses in the US.

Tags: F-1 Visa, F-1 Visa Thailand, F1 Visa, F1 Visa Thailand, US Consulate Chiang Mai, US Consulate General Chiang Mai, us embassy bangkok, US Student Visa, US Student Visa Thailand
Posted in F1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

For those who are interested in learning about the details of tourist visas from Thailand please see our main page at: US tourist visa Thailand. For those who would like to see information about all aspects of American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The United States B-2 Tourist Visa in 2010

In 2010, it is this author’s opinion that the B2 visa process will remain largely the same as it was in 2009. However, a brief comparison of the current B2 visa process with that of  the year 2000 could be revealing. In 2000, it was still possible to obtain a United States tourist visa through the mail. At that time, interviews were not required in certain situations if the applicant met some pre-conditions. There is anecdotal evidence which suggests that the US tourist visa application approval rate was higher prior to the introduction of the rule that there must be visa interviews for all non-immigrant visa applicants.

At the present time, an American tourist visa applicant can apply for a US Visitor Visa at either the US Embassy in Bangkok or the US Consulate-General in Chiang Mai provided the applicant resides in the Consular District. Unfortunately, this category is often sought by those who probably should not be seeking a tourist visa. This is particularly the case when it comes to Thai fiancees or girlfriends. In many cases, American citizens encourage their Thai fiancees and/or girlfriends to apply for a US tourist visa because it is a less time consuming process when compared to the application process for a K1 fiance visa. That being said, it is not an appropriate visa for those who intend to apply for adjustment of status in the United States. This is due to the fact that the US tourist visa is not a dual intent travel document meaning that the applicant must have true non-immigrant intent when he or she submits a tourist visa application. Lying about one’s intentions on a Department of State application form could lead to serious civil and criminal penalties as such activity could be construed as visa fraud. Further, one who has been found to be presenting a fraudulent visa application could be found inadmissible to the United States and barred from entering for a statutorily prescribed period of time. For those who wish to bring their loved one to the US, it may be wise to look into a K1, K3, or CR1 visa.

Even those with bona fide non-immigrant intent must still overcome the presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. One must prove that they have strong ties to Thailand (or any other country besides the US) and weak ties to the USA before a Consular Officer will approve a B2 visa application.

Tags: American Embassy Bangkok, American Embassy Thailand, B-2 Visa, B-2 Visa Thailand, B2 Visa, B2 Visa Thailand, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 3 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 bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »