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Archive for the ‘K1 Visa’ Category
29th January 2010
USCIS Enters the Blogosphere: First Postings Deal with Haiti
Posted by : admin
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.
23rd January 2010
Red Card: Interview and Visa Issuance at the US Embassy Bangkok
Posted by : admin
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.
22nd January 2010
January 2010: USCIS Visa Petition Processing Times
Posted by : admin
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:
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
---|---|---|---|
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | April 02, 2005 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | May 23, 2002 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | October 02, 2000 |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | January 02, 2007 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | December 02, 2002 |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
The Vermont Service Center processing times are as follows:
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
---|---|---|---|
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | July 23, 2007 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | July 23, 2007 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | April 23, 2008 |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | May 28, 2007 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | March 27, 2007 |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
---|
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.
21st January 2010
USCIS Makes Organizational Changes
Posted by : admin
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.
20th January 2010
2010 Holiday Closing Schedule For The US Embassy in Vietnam
Posted by : admin
Virtually every United States Embassy or Consulate will close in recognition of United States Federal Holidays. Most will also close in recognition of local holidays or customs. The United States Embassy in Vietnam is no different. Below, please find the 2010 holiday closing schedule for the US Embassy located in Hanoi:
Holiday | Date | Day | Type |
New Year’s Day | Jan 1 | Friday | A&V |
Martin Luther King’s Birthday | Jan 18 | Monday | A |
Lunar New Year Festival | Feb 15-18 | Mon-Thur | V |
President’s Day | Feb 15 | Monday | A |
Anniversary of Hung Kings | April 23 | Friday | V |
Victory Day | April 30 | Friday | V |
International Labor Day(observed) | May 3 | Monday | V |
Memorial Day | May 31 | Monday | A |
Independence Day | Jul 5 | Monday | A |
Vietnamese National Day | Sep 2 | Thursday | V |
Labor Day | Sep 6 | Monday | A |
Columbus Day | Oct 11 | Monday | A |
Veterans Day | Nov 11 | Thursday | A |
Thanksgiving Day | Nov 25 | Thursday | A |
Christmas Day | Dec 24 | Friday | A |
2011 New Year’s day (observed) | Dec 31 | Friday | A |
The above notation of “A” and “V” denotes the type of holiday. “A” stands for American, while “V” stands for Vietnamese.
In Vietnam, the bulk of United States visa and immigration matters are handled at the US Consulate in Ho Chi Minh City. This situation is the opposite of the internal mechanics of the posts in Thailand as the US Embassy in Bangkok handles nearly all Immigrant visa petitions while the US Consulate in Chiang Mai deals with Non-Immigrant visa applications for visas such as the US Tourist Visa, the J1 visa, and the F1 visa. That being said, the holiday closing schedule of the US Consulate in Ho Chi Minh City (HCMC) is identical to the schedule of the US Embassy in Hanoi. Therefore, those interested in that post’s closing schedule should look to the information above.
For those in a legitimate emergency, it may be possible to contact the Embassy during a holiday. That being said, this is contacting Embassy staff may be difficult as most Embassy and Consulate personnel use holidays to take much needed time off. Therefore, those with an impending issue would be wise to take care of it before a holiday as it is unlikely that the Embassy will make special accommodations.
For those who need passports, notary services, Consular Reports of Birth Abroad, or visa pages it would be wise to contact the American Citizen Services Section of the local US Embassy or US Consulate.
For those interested in learning more about the US Embassy in Hanoi please click here. For those who wish to learn maore about the US Consulate in HCMC please click here. Finally, for those interested in US visas from Southeast Asia please see K-1 visa, CR-1 visa, or K-3 visa.
19th January 2010
Holiday Closing Schedule at the US Embassy in Kuala Lumpur (KL)
Posted by : admin
Each United States Diplomatic post observes different holidays. The holiday closing schedule depends upon the host country as each post closes in observance of not only United States Federal holidays, but the host country’s national holidays as well. This is true for Malaysia as the US Embassy in Kuala Lumpur observes both US and Malaysian holidays. Below is the 2010 holiday closing schedule:
Official Date | Date Observed | Day | Holiday | Country |
---|---|---|---|---|
January 1 | Jan 1 | Friday | New Year’s Day | U.S./Malaysia |
3rd Monday in January | Jan 18 | Monday | Martin Luther King’s B’day | U.S. |
January 30 (Saturday) | Jan 29 | Friday | Thaipusam | Malaysia |
3rd Monday in February | Feb 15 | Monday | Presidents’ Day | U.S. |
February 14 & 15 (Sun & Mon) | Feb 16 | Tuesday | Chinese New Year | Malaysia |
February 26 | Feb 26 | Friday | Prophet Muhammad’s B’day | Malaysia |
May 28 | May 28 | Friday | Wesak Day | Malaysia |
Last Monday in May | May 31 | Monday | Memorial Day | U.S. |
July 4 (Sunday) | July 5 | Monday | Independence Day | U.S. |
August 31 | Aug 31 | Tuesday | National Day | Malaysia |
1st Monday in Sept. | Sept 6 | Monday | Labor Day | U.S. |
September 10 & 11 (Fri & Sat)* | Sept 9 & 10* | Thursday & Friday | Hari Raya Puasa | Malaysia |
2nd Monday in October | Oct 11 | Monday | Columbus Day | U.S. |
November 5* | Nov 5* | Friday | Deepavali | Malaysia |
November 11 | Nov 11 | Thursday | Veteran’s Day | U.S. |
November 17 | Nov 17 | Wednesday | Hari Raya Qurban | Malaysia |
4th Thursday in Nov. | Nov 25 | Thursday | Thanksgiving Day | U.S. |
December 7 | Dec 7 | Tuesday | Awal Muharam | Malaysia |
December 25 (Saturday) | Dec 25 | Friday | Christmas Day | U.S./Malaysia |
This holiday closing schedule is subject to change and those who are planning to make a trip to the US Embassy in KL would probably be wise to check to make sure that the post will be open before making a trip to the post. In emergencies most US Embassies have a contact number that can be used to get in touch with the post. For example, a person ho loses their passport over a holiday weekend may be able to contact the Embassy and obtain a passport from the American Citizen Services Section of the Embassy. That being said, holidays at US diplomatic and Consular posts abroad are often used by Embassy personnel to take leave. This could result in delays in the days leading up to holidays and immediately thereafter. Those with business at an Embassy or Consulate would be wise to make certain that their affairs are conducted before a holiday break. For more information about the holiday closing schedule at the US Embassy in Kuala Lumpur please click: here.
For further information about US visas please see: K1 visa or K3 visa.
18th January 2010
2010 Holiday Closing Times for the US Embassy in Cambodia
Posted by : admin
Every United States Diplomatic post observes United States Federal Holidays. At the same time, most posts also observe the national holidays of the host country where they are located. The United States Embassy in Cambodia is located in the capital city of Phnom Phen. In the year 2010, the US Embassy will be closed on the following dates in observance of either American or Khmer holidays:
Jan 1 Fri International New Year’s Day U.S.
Jan 18 Mon Birthday of Martin Luther King, Jr. U.S.
Feb 15 Mon George Washington’s Birthday U.S.
Mar 8 Mon International Women’s Day Khmer
Apr 14 Wed Khmer New Year’s Day Khmer
Apr 15 Thu Khmer New Year’s Day Khmer
Apr 16 Fri Khmer New Year’s Day Khmer
May 14 Fri King Sihamoni’s Birthday Khmer
May 31 Mon Memorial Day U.S.
Jun 18 Fri King Mother’s Birthday Khmer
Jul 5 Mon Independence Day U.S.
Sep 6 Mon Labor Day U.S.
Oct 8 Fri Pchum Ben Day Khmer
Oct 11 Mon Columbus Day U.S.
Nov 1 Mon King Father’s Birthday Khmer
Nov 9 Tue Independence Day Khmer
Nov 11 Thu Veterans Day U.S.
Nov 22 Mon Water Festival Khmer
Nov 25 Thu Thanksgiving Day U.S.
Dec 24 Fri Christmas U.S.
Dec 31 Fri International New Year’s Day U.S.
We post these dates as a courtesy to those American expats and travelers in Southeast Asia. For many, traveling to the US Embassy in a foreign country can be a major undertaking. This is why it is wise to check the holiday closing schedule before making such a trip as one can forestall a situation in which going to Embassy ultimately proves to be an effort in futility.
For those who are in an emergency situation it may be possible to contact the Embassy directly for assistance. That being said, many US State Department personnel working at the US Embassies and Consulates abroad use these scheduled holidays as an opportunity to take much needed leave time to return to the United States. Therefore, unless a matter is truly pressing, it is probably best to await normal business hours to contact or travel to the Embassy.
For Americans living or traveling abroad in need of Passports, visa pages, or notarizations it would probably be best to contact the American Citizen Services section of the nearest Consulate or Embassy in order to deal with such matters. For those interested in more information about holidays observed by the US Embassy in Cambodia, or simply to learn more about the post in general, please click here.
For those interested in further information about United States Immigration from Southeast Asia please see K3 visa, K1 visa, or CR1 Visa.
16th January 2010
2010 Holiday Closing Times for the US Embassy in Thailand
Posted by : admin
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.
8th January 2010
The US F1 Student Visa in 2010
Posted by : admin
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.
6th January 2010
The US B2 Tourist Visa from Thailand in 2010
Posted by : admin
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.
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