Integrity Legal

Few people wish to discuss what will happen should a marriage breakdown, but unfortunately divorce is an issue that many people confront at least once in their lifetime. With this in mind, those living in Thailand researching the issue may be surprised to learn that divorce in Thailand can be quite different when compared against divorce procedures in common law countries.

One of the major differences between divorce procedure in Thailand and divorce procedure in the United States of America is the presence of an Amphur office. The Amphur office is the civil registrar for vital information pertaining to the citizens and permanent residents of Thailand as well as foreign visitors in the Kingdom. Amphur officers are empowered with the authority to execute legally binding marriages, change names, record, births, record divorces, as well as other functions. In Thailand marriage registration usually involves a trip to the Amphur’s office to have the marriage legalized. In many divorce cases in Thailand, the converse is true for the dissolution of a marriage. Provided that there are no major disagreements between the parties, a sort of “no contest” divorce can be easily granted at the local Amphur office. However,  should the parties have any type of disagreement, then a protracted divorce proceeding must occur in the Thai court system.

An immediate issue surrounding the issuance of an Amphur divorce is: will the United States recognize the divorce as binding? Quite simply: Yes. A divorce registered at an Amphur office is considered legally binding for US purposes. This is particularly important in K1 visa cases, as a common question from prospective US Citizen petitioners is: “what do they mean my Thai fiancee must be legally free to marry?” This means that they need to be single, divorced,  or their prior spouse must be deceased. The United States government considers a Thai Divorce, granted in Thailand, valid.

Another issue ancillary to Thai divorce is that of a prenuptial agreement. Under Thai law, a prenuptial agreement must be recorded contemporaneously along with the recording of the Thai marriage. Once properly recorded, the prenuptial agreement will be the touchstone for dividing marital assets in Thailand.

In cases where a Thai divorce cannot be executed directly through the Amphur office it may be necessary to file the divorce action in the Thai courts and upon final judgment of dissolution, the couple must present the judgment to the Amphur for registration.

Another issue to think of when contemplating a Thai divorce is the issue of how one’s property will be divided post -divorce pursuant to a Thai will. For the sake of avoiding prolonged probate, it may be wise to change ones Thai will in tandem with the divorce registration.

Tags: Amphur, K1 Visa Thailand, prenuptial agreement Thailand, Thai Divorce, Thai Marriage, Thai prenuptial agreement, Thailand Divorce, Thailand Marriage, Thailand Prenuptial Agreemnt
Posted in General Legal Information, K1 Visa Thailand, Thai Family Law, Thailand Marriage Registration | No Comments »

United States Immigration law offers many long term benefits for the spouses and fiancees of American Citizens. One of the many questions posed by those American’s researching US Immigration from Thailand is: how does my Thai fiancee acquire United States Citizenship?

There are many misconceptions about who can naturalize as a US citizen and under what circumstances. As a rule, naturalization to US citizenship takes approximately five years, if the applicant is already in lawful permanent resident status. However, for the husband or wife of a United States Citizen, the amount of time necessary to naturalize is greatly reduced. In order for the spouse of an American citizen to naturalize, the spouse must have been in lawful permanent residence for 3 years prior to the application for naturalization. Further, the husband or wife who meets this criterion must also have been physically present in the United States for an aggregate of 18 months prior to application. For United States Immigration and naturalization purposes, half-days in the US are counted as full days when determining physical presence in the United States of America.

For those bringing a Thai fiancee into the United States on a K1 visa, the clock does not begin ticking toward naturalization until the Thai applicant successfully is approved for adjustment of status. The date noted on the adjustment of status approval is the date from which one can begin accruing presence toward ultimate naturalization. In the case of the K3 visa, even though it is a marriage visa, time in the USA does not accrue towards Citizenship until after approval of an adjustment of status application or the applicant returns to the US Embassy for processing of the underlying IR1 or CR1 visa application.

It should be noted, much like the lift of conditionality, one can, and perhaps ought to, file for naturalization ninety days before the applicant hits the three year mark for time in the US in lawful permanent residence.

There are some exceptions to the 3 years plus 18 months aggregate presence requirement. Most notable is the fact that in certain situations, a permanent resident can acquire citizenship after only one year in lawful permanent resident status if they are accompanying a United States Citizen abroad in order to work in a job related to the United States Military, Government, or other government related endeavor.

If a couple makes plans ahead of time, it may be possible for a Thai fiancee or spouse to acquire United States Citizenship in an efficient and timely manner. That being said, for those seeking US Citizenship, the road can be difficult as naturalization requires a great deal of time and effort on the part of the foreign applicant as well as an investment of resources on the part of the US Citizen spouse.

Tags: CR1 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, my thai fiancee, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 4 Comments »

The question asked by many American Citizens in the United States or Expats in Thailand with a Thai Girlfriend: How do I obtain a Green Card for My Thai Fiancee? Before answering this question, the researcher needs to discern exactly what a Green Card is.

The Document commonly referred to as a “Green Card,” is in fact a term used to describe Lawful Permanent Residence in the USA. In family visa applications, there are essentially two ways of obtaining lawful permanent resident status: applying for an Immigrant visa and obtaining said status upon entry into the United States; or applying for a K1 visa, entering the United States, and applying for permanent residence through the process of adjustment of status. There are two types of lawful permanent residence: conditional lawful permanent residence and unconditional lawful permanent residence. Conditional permanent residence is reserved for those couples who either opt to adjust status in the United States or who have been married less than 2 years at the time they apply for a visa. Conditional permanent residence is conferred upon the entrant who travels to the United States on a CR1 visa. Unconditional permanent residence is conferred upon an entrant to the United States traveling on an IR1 visa.

If seeking an immigrant visa for a Thai fiancee, then the American Citizen will need to marry the Thai national before the application’s submission. In Thailand, marriage registration can be a very straightforward process provided both parties are legally free to marry. A common question with regard to Thai marriage registration: will the US recognize my Thai marriage to my thai fiancee? In short: yes. The United States recognizes the legality and binding effect of a legally sanctified matrimonial union executed in the Kingdom of Thailand provided that it is registered at the local Amphur office.

What about bringing my Thai fiancee to the United States on a K1 visa? This is an option pursued by many Thai-American couples as it is generally the fastest method of getting a Thai fiancee into the United States. The only real downside of the K1 visa is the fact that it requires a post-marital adjustment of status.

Where the fiancee enters and adjusts or marries abroad and enters on an Immigrant visa, if she decides to travel abroad subsequent to acquiring permanent resident status, then she may be wise in obtaining a reentry permit so that a presumption of residential abandonment does not arise. Those who have acquired a US reentry permit are free to remain abroad for up to 2 years without raising the suspicion that they are not ever returing to the United States.

Tags: CR1 Visa Thailand, Fiance Visa Thailand, Green Card, Green Card Thailand, Immigration Lawyer Thailand, K1 Visa Thailand, my thai fiancee, US Immigration Law Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, Thailand Marriage Registration, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 15 Comments »

In a recent report published by the Immigration Policy Center, the issues surrounding United States Immigration and its demographic impact were discussed. To quote an email sent out by the Center, the demographics of Immigrant’s in the United States is somewhat surprising:

“Roughly one-in-seventeen U.S. citizens are foreign-born, and tens of millions of native-born U.S. citizens have immigrant parents. This demographic reality has important political ramifications. A rising share of the U.S. electorate has a direct personal connection to the immigrant experience, and is unlikely to be favorably swayed by politicians who employ anti-immigrant rhetoric to mobilize supporters.”

The fact is: were it not for the influx of immigrants to the United States, the “birth dearth” being experienced in other western countries would be highly prevalent in the United States of America. Immigrants add a great deal to the American economy as well as the societal structure as they compensate for the aging American population. Systems such as social security and Medicare would be in far greater peril were there to be no influx of foreign immigrants traveling to America on a USA visa in order to live and work.

In the same email, there were some compelling statistics regarding immigrant populations in the United States:

“There were 38.1 million immigrants living in the United States as of 2007, of whom 42.5% were naturalized U.S. citizens.

The number of naturalized U.S. citizens increased from 8 million in 1990, to 12.5 million in 2000, to 16.2 million in 2007.

There were 45.5 million Latinos in the United States in 2007, of whom 11.2% were naturalized U.S. citizens and 60.2% were native-born U.S. citizens.

There were 13.3 million Asians living in the United States as of 2007, of whom 37.7 % were naturalized U.S. citizens and 31.8% were native-born U.S. citizens.”

Of particular interest for this author is the final statistic regarding people of Asian descent. As a law firm in Bangkok that primarily handles United States Immigration for Thai fiancees and spouses of US Citizens, this statistic truly hit home. The K1 visa, the K3 visa, and the CR1 visa applications are processed at the US Embassy in Bangkok, Thailand. We see many happy couples using the American Immigration system in order to reunite with their US Citizen loved ones. Many of these immigrants proceed to adjust their status and remain with their American loved one long term. Some proceed further and complete the naturalization process. In many cases, children are born from these happy unions. In all, America is fueled by Immigration as it is a nation of immigrants. As time passes hopefully the American government will keep this in mind when creating new legislation which impacts the Immigration process.

Tags: American Visa, Bangkok Law Firm, Bangkok Lawyer, Fiance Visa Thailand, K-1 Visa, K1 Visa, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Congress is set to end their recess soon and one of the important issues that will be on the legislative agenda is Comprehensive Immigration Reform. In the last Congressional session, this important legislation was sidelined by other important issues such as Health Care Reform and issues the impact of Americans upon the environment. To quote Immigration Impact: Comprehensive Immigration Reform (CIR), “has grown increasingly complex, partisan, and ideological, the chances of completing CIR legislation before 2009 ends further diminish. That’s not to say, however, that nothing is happening.”

One of the major obstacles in getting a Comprehensive Immigration Reform bill through Congress is the fact that it is, well…so…Comprehensive. What I mean to say is: Comprehensive Immigration Reform would require a complete overhaul of the Immigration system which impacts many political factions and such an overhaul is bound to have detractors and proponents of each facet effected.

For example, in the realm of United States Family immigration, there are some who believe that the minimum 6 to 7 month wait to bring a foreign fiancee or spouse to the United States is far too much time to wait. One proposed solution to this problem is: allowing non-immigrant dual intent family visa to be filed directly at the Embassy or Consulate overseas. The K1 visa and the K3 visa are dual intent non-immigrant visas which means that the visa holder can intend to both go to the US temporarily and simultaneously have the intent to remain long term.  Those entering the United States on one of these visas will eventually need to adjust status to permanent residence. At that time, the officers at the United States Citizenship and Immigration Service will adjudicate whether or not the applicant should be accorded lawful permanent resident status. The current Immigration situation begs the question: how does pre-authorizing K1 and K3 non-immigrants add value to the US Immigration Process? The system, at the very least, seems redundant.

A likely result of Comprehensive Immigration Reform will be a large backlog of cases involving undocumented aliens in the United States of America. The current resources used to pre-authorize K1 and K3 visas could be rediverted to adjudicating cases of undocumented aliens while those seeking K1 and K3 visas could begin filing directly with the United States Consular posts abroad. The argument that preapproval is necessary for Immigrant visas (such as the IR1 and CR1 visa) rings a bit more true since those entering the United States on this visa receive permanent residence upon entry.

Tags: CIR, Comprehensive Immigration Reform, CR1 Visa Thailand, Immigration Process, K1 Visa Thailand, K3 Visa Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

In a previous blog posting we discussed the K2 child visa which is a derivative visa of the K1 fiance visa. The K2 visa is intended for the unmarried minor children of K1 visa applicants. Both visas have an initial validity of 90 days, but if the K1 visa holder adjusts status, then the K2 visa holder can “piggyback” their application for adjustment onto that of their parent and obtain permanent residence as both a derivative and a step-child.

K3 visas operate in a similar manner as the K1 visa. K3 visas are non-immigrant visas that allow for dual intent. This means that the entrant can have non-immigrant as well immigrant intent at the time of entry in the United States of America. For those with children, the K4 visa is one way of bringing a K3 visa holder’s unmarried minor children to the United States. Like the K2 visa, the K4 visa mirrors the benefits of its parent category. Therefore, if a K3 visa is issued with a validity of 2 years (which has become the common practice), then the K4 will likely be issued with the same validity period. The K4 visa is also a multiple entry visa just like the K3.

The K3 visa category was created at a time when it was taking nearly three years to process regular I-130 visa applications for foreign spouses. It was created with the idea of providing an expedited non-immigrant visa alternative so that bi-national families could be reunited quickly. As the processing time for the I-130 has decreased, so too has the need for the K3.

For those who travel to the United States on a K3 or K4 visa, eventually the issue of adjustment of status will arise. As the K3 and K4 are non-immigrant visas, the holders must apply for a “green card” before being allowed to remain in the USA. K4 beneficiaries can “piggyback” their application for adjustment on their K3 parent’s application.

As stated previously, for most people the K3 visa, and therefore its K4 counterpart, is generally not the most optimum visa because it takes longer to process when compared to the K1 and it does not confer Permanent Residence as the CR1 or IR1 visa does. However, the K3 has its strategic benefits because it can allow the couple the opportunity to have more control over their case’s adjudication, because the statute specifies that the interview forum is based upon the location of the underlying marriage.

Tags: CR1 Visa, Dual Intent Doctrine, Fiance Visa Thailand, IR1 Visa, K1 Visa, K1 Visa Thailand, K2 Visa, k2 visa thailand, K3 Visa, K3 Visa Thailand, K4 Visa, K4 Visa Thailand, Marriage Visa Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand | No Comments »

An extremely common topic on this blogs involves the US K1 visa. The K1 visa is designed for fiances of American Citizens. This visa allows the foreign fiancee to travel to the United States of America for the express purpose of getting married and adjusting status to lawful  permanent resident. It is a “dual intent” visa meaning that it is non-immigrant, and therefore temporary, but converting to an Immigrant visa is statutorily allowed and in a way somewhat encouraged as K1 visa holders who leave the United States cannot reenter on the same K1 without first obtaining permission to do so, this permission is known as advance parole.

With this in mind, there is another visa related to the K1 fiance visa. This visa is referred to as the K2 visa. A K2 visa is designed for the children of the holder of a K1 visa. It is a “derivative visa,” in that the benefits conferred in the K2 visa are entirely dependent upon the K1 visa holder’s status. For example, if a Thai fiancee has a child and they are each applying for a K1 visa and K2 visa respectively, then if the K1 visa application is denied the K2 application will be summarily denied as well.

The K2 visa is also derivative in that it “piggy backs” on the K1 visa during the adjustment of status process. This means that if the K1 visa holder and the K2 visa holder enter the United States together, then they ought to adjust their status at the same time as the process is likely to be more streamlined.

Those holding a United States K2 visa must abide by the same conditions as one holding a K1 visa. The K2 visa is non-immigrant, but the dual intent doctrine applies (this allows for the visa holder to intend to adjust status upon entry). Further, the K2 is also a single entry visa, so the K2 holder would also need to obtain advance parole before leaving the United States. The derivative nature of the K2 creates a difficult situation if the K1 holder leaves the United States without obtaining advance parole. In this situation, the K2 holder would fall out of status the moment the K1 holder leaves and falls out of status. That being said, unlawful presence generally does not accrue against minor children so the child in the US unlawfully would likely not be barred from later reentering based upon a legal grounds of inadmissibility due to an overstay.

It should also be noted that the K2 beneficiary will need to accompany their parent to the K1 visa interview at the US Embassy in Bangkok. In all likelihood, the Consular officer will not wish to speak with the child, but they will want to physically see them.

Tags: Adjustment of Status, advance parole, K-1 Visa, K-2 Visa, K1, K1 Visa, K1 Visa Thailand, K2 Visa, k2 visa thailand, Visa for Thai Child
Posted in Adjustment of Status, Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

On this website, there is a great deal of information regarding I-601 waivers and grounds of inadmissibility.  However, there are other situations where a foreign national can be barred from reentering the United States of America. For example, where an alien has been deported or removed from the United States, they are usually subject to a reentry ban for a statutorily specified period of time. If a foreign national has been previously deported or removed from the United States, then that person must submit an I-212 application to reapply for admission to the United States (also known as advance permission to reenter).

Deportation and removal are technically the same thing as the terms can be used interchangeably. That being said, forms of removal from the United States should be looked at on a kind of legal spectrum. What is commonly referred to as “Deportation” occurs after a finding by an Immigration Judge that a person should be removed from the United States of America. Another form of removal is known as “expedited removal” this commonly occurs at a port of entry in the United States where a Customs and Border Patrol (CBP) Officer finds that an applicant for admission is not fit for entry under one or more of the  provisions of the United States Immigration and Nationality Act. In many situations, a Border Patrol Officer will allow an applicant for admission to voluntarily withdraw their application and return to the point of origin. In this situation, which is akin to voluntary departure, the applicant’s US Immigration record is not adversely affected. However, it is within the officer’s discretion to place the alien in expedited deportation proceedings and thereby have them removed from the United States.

When an alien is removed from the United States through the use of expedited deportation, that alien is barred from reentering the United States without first receiving approval of the aforementioned statutorily mandated I-212 petition. These applications are somewhat similar to I-601 waivers in that the applicant must show something  like extreme hardship to a United States Citizen would occur if the application were denied and the applicant remained inadmissible.

Avoiding expedited deportation at a port of entry (and the consequences arising therefrom) is just another reason why visa seekers should apply for a visa which comports with their intent. One who is viewed as using a United States tourist visa improperly (hiding their intention to marry in the US and adjust status) could be placed in expedited deportation proceedings. If removed, then a great deal of time and resources would need to be expended to deal with the inadmissibility. Therefore, it is not only ethically incumbent upon all applicants to be honest in their immigration endeavors, but it is also practical because avoiding expedited deportation is a great benefit from a long term perspective.

For the above described reasons, those wishing to bring a Thai loved one to the United States for the purpose of marriage are encouraged to utilize a K1 visa for this purpose as a fiance visa is the appropriate travel document reflecting the couple’s true intentions. For those already married, a CR1 visa or a K 3 visa is preferable to a tourist visa if adjustment of status is the ultimate goal.

Tags: CBP, deportation, expedited removal, I-212, I-601, I212, I601, Inadmissibility, K1 Visa, K1 Visa Thailand, K3 Visa, removal, Tourist Visa, Waiver
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

Under Section 214b of the Immigration and Nationality Act, a Consular officer can deny a non-immigrant visa (J1, F1, B1, B2) if they believe that the foreign applicant has not overcome the statutory presumption that they are actually an intending immigrant. In some cases, a consular officer may grant a tourist visa application, but the foreign national will be refused entry upon arrival in the United States of America.

How can a foreign national be granted a visa and still be denied entry to the United States? There is a common misconception that visa application approval creates a “right” to enter the United States of America. In fact, Customs and Border Patrol (CBP) Officers have the discretion to turn away alien nationals if they believe that there is a ground of excludability. If a CBP officer reasonably believes that an ostensible non-immigrant actually has immigrant intent, then they have the right to deny entry and it is further within the officer’s discretion to use expedited deportation to remove the prospective entrant.

The following paraphrases the INA:

According to section 212(a)(7)(A)(i) of the United States Immigration and Nationality Act (INA), any immigrant who, at the time of application for admission:

is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act is excludable [from the United States].

A waiver is available under INA §212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant’s application for admission.

The powers of CBP officers described above illustrate the reason for seeking a proper visa rather than attempting to circumvent the Immigration rules. For example, there are some Americans who have a Thai loved one and they wish to bring them to the USA for the purpose of marriage and adjustment of status to lawful permanent residence. Generally a K1 visa (also known as a fiancee visa) would be the proper travel document for this purpose. However, some opt to pursue a US Tourist visa because the K1 visa has a processing time of approximately 6-7 months whereas a tourist visa generally takes a few weeks to acquire if the application is approved. Even if the visa application is approved, denial at the port of entry poses the risk of expedited deportation as well as the underlying monetary loss due to the fruitless visa application as well as travel expenses to get to the port of entry and be turned away. Removal from the United States can later be used to bar admission particularly if an Immigration officer finds that the entrant was intentionally misrepresenting themselves. In a situation such as this, the only way to remedy the inadmissibility could be the use of an I601 waiver.

Entry denial does not automatically lead to expedited deportation, the CBP officer has the discretion to allow the prospective entrant to withdraw their request for entry and leave at their own expense, but improper usage of non-immigrant visas does include the inherent risk of removal and those seeking entry to United States of America should bear this in mind when researching US Immigration issues.

Tags: 212, 212a7, American Visa Thailand, I601, Immigration and Nationality Act, INA, intending immigrant, K1 Visa Thailand, US Immigration Thailand, US Tourist Visa, US Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Being denied for a visa to the United States of America is certainly not something that people researching the immigration process wish to think about. However, visa denials do occur and by understanding the reasons for denial it may allow prospective immigrants to make more informed decisions regarding their immigration strategy.

When it comes to American Family Immigration a common miscalculation involves applying for a US Tourist Visa on behalf of a foreign loved one. For example, if an American Citizen has a Thai fiancee and he attempts to assist in obtaining a US Tourist Visa for her, it will very likely result in a denial of the visa application. This is not due to some sort of malevolent feeling on the part of the United States Consular Officers, but it is rooted in American Immigration law.

It is probably best to simple quote the US Department of State website:

“Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

‘Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…’

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.”

Overcoming the presumption of immigrant intent has always been a somewhat major obstacle, but visa denials under this section of the law became more prevalent after the tragedy of September 11, 2001. After 9/11, there were some changes made in the way that non-immigrant visas were processed. A particularly critical change was the requirement that the applicant for a United States tourist visa be interviewed in person. This requirement, combined with increased scrutiny and heightened security concerns lead to more Tourist visa denials. In many cases, the denials were based upon section 214 (b) because the applicants failed to show that they were going to return to their home country, or, at the very least, leave the USA.

Where the foreign applicant is a loved one of a US Citizen, particularly where the Citizen primarily resides in the USA, it is unlikely that the tourist visa application will be approved unless that applicant can show sufficiently “strong ties,” to their home country. However, to forestall needlessly wasting of time and resources, it may be wise for a couple to look into the prospect of submitting a K1 visa application or seek to obtain a K3 visa. The K1 visa is a travel document which allows a temporary stay in the United States, but leaves room under the Doctrine of Dual Intent to allow for the visa holder to adjust status to US permanent residence.

Tags: 214 b, 214(b), 21b, immigrant intent, K1 Visa Thailand, K3 Visa, Tourist Visa Denial, Tourist Visa Denied, US Immigration Law, US Tourist Visa, us visa denial, US Visa Denied, US Visa Thailand
Posted in K-3 Visa Thailand, K1 Visa Thailand, US Tourist Visa, US Visa Thailand | No Comments »