Integrity Legal

The process of obtaining a US Visa from Thailand can be frustrating for some due to the fact that a great deal of both US and Thai government documents are necessary in order to obtain most American Visas. We will briefly discuss the time line for obtaining the US K1 Fiance Visa, K3 Marriage Visa, Conditional Resident Visa, and the Immediate Relative Visa based upon marriage. The Visa Journey can be a long process and many phases of it are “hurry up and wait,” in that there are long lulls in the process followed by burst of extreme activity where time is of the essence for meeting deadlines and getting an interview appointment.

The K1 Visa

The first step in the K1 Visa process is the filing of an I-129f fiancee visa application. This application is basically designed to confirm that the petitioner is indeed a US Citizen entitled to marry and has no criminal or immigration record that would conflict ith the provisions of the IMBRA. The USCIS will issue Notice of Action 1 which basically is an official receipt from the Immigration Service that they have obtained and will review the Petition. Should USCIS need more documentation, then they will issue an RFE (Request for Evidence), in this request they will explain what information is lacking and how the petitioner can prove up the petition.

After USCIS has adjudicated the petition, if they approve it, they will issue Notice of Action 2. This Notice informs the petitioner of the fact that the petition has been approved and it will be forwarded to the NVC (National Visa Center). The NVC will process the application and forward it to the correct Embassy for a Visa interview and adjudication by a consular officer.

At the interview the consular officer will review the petitioner’s I-134 Affidavit of Support as well as the Beneficiary’s documentation. Should the Consular officer request more information, then a 221(g) will be issued and the applicant will have 1 year to respond with the proper documentation. Upon approval the K1 Visa will be issued and the Beneficiary will need to enter the USA before the Visa expires.

Once the beneficiary enters the United States on a K1 Visa, she will have 90 days to get married and file for adjustment of status. If adjustment of status is approved then the beneficiary will be a lawful conditional permanent resident. After 2 years of lawful conditional permanent residence, the beneficiary withe the help of the US Citizen spouse will need to file for a lift of the conditionality of her visa. Once the conditions have been lifted then the beneficiary will be a lawful permanent resident of the Us without conditions.

Should the beneficiary wish to leave the USA while in K1 Status, then she would need to obtain advance parole. If she wishes to depart while in Lawful Permanent Resident Status, then it would be prudent to apply for and obtain a reentry permit.

IR-1 & CR-1 Visas based Upon Marriage

For either an IR-1 (Immediate Relative Visa) or CR-1 (Conditional Resident Visa), the same petition, the I-130, must be filed. At the time of the writing, USCIS is estimating that it takes approximately 6 months to adjudicate an I-130 petition. the process at USCIS is much the same in that both Notice of Action 1 & 2 will be issued and the file will be forwarded to the National Visa Center. Once there, it will undergo increased scrutiny than in the case of the K1 Visa and it generally takes longer for the file to be processed at NVC with an I-130 petition.

After it is processed by the NVC, it will be forwarded to the US Embassy in Bangkok, where the beneficiary must go through an interview before being granted a visa. Upon granting of the visa, the beneficiary will travel to the USA and upon entry will either be granted conditional permanent residence or lawful permanent residence without conditions. an IR-1 Visa confer permanent residence without conditions, but in order to qualify for this visa the couple must have been married for at least 2 years when the file the I-130 petition.

The K3 Marriage Visa

The K3 Visa was designed as an expedited marriage at a time when I-130 petitions were processing extermely slowly. At the time of this writing, the K3 Visa is currently processing at roughly the same rate as the I-130 petition. It is likely that filing a K3 petition will save the couple 6-8 weeks in visa processing. The major downside of the K3 is the fact that it does not confer the right to work in the USA, nor does it confer permanent residence upon entry. Adjustment of Status is necessary if a K3 holder wishes to become a permanent resident.

The K3 is a doubly filed visa petition in that one first files an I-130 petition and then an I-129f petition in order to obtain the K3 Visa. All aspects of the process are basically the same as mentioned above except for the fact that the 2 petitions are filed simultaneously and in this instance the I-129f petition is filed on behalf of a spouse rather than a fiancee.

Visas for Children of Prospective Immigrants

The Visa Journey for child immigrants is similar to that of their adult counterparts. Derivative Visas can be obtained for the children of K1 Visa seekers, K3 Visa Seekers and Immigrant Visas. In instances where a visa for a child is sought, the child will generally adjust status with their parent in order to become a permanent resident.

Tags: CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Immigration Thailand, US Marriage Visa, US Visa Thailand, visa journey
Posted in General Legal Information, Miscellaneous, Thailand Business, us embassy bangkok, US Visa and Immigration, US Visa Thailand | No Comments »

There is some confusion about 221 (g) refusals for US Visas from Thailand. A 221 (g) request is a refusal to grant a US Visa without further evidence. When the Consular Officers are deciding whether to issue a US Visa (for our purposes we will look at it from the context of K1 Fiance Visas, K3, or CR1 Marriage Visas) they are essentially performing a due diligence search in order to ensure that the applicant is who they say they are and are traveling to the USA for a valid purpose (in this case the reason for traveling is a family relationship to the US petitioner).

Some couples become quite distraght when a 221 (g) is issued and it can be quite inconvenient particularly in instances where the applicant is originally from a distant area of Thailand. This can be especially troublesome if the applicant’s household registration (tabien baan) is in a distant locale and it is difficult for them to travel there. Often documents are required from the local amphur office in th disrict where the applicant’s household registration exists. Although it may be a routine matter for the Embassy to issue these type of requests, it can be a major endeavor for the Thai applicant to obtain the necessary documentation.

221 (g) refusals generally allow the applicant one year to obtain the requested documentation before the Embassy will destroy the file. Failure to respond to the request for evidence could result in the underlying petition being cancelled and the process to begin anew.

Us Visa

To avoid 221 (g) refusals it may be wise to enlist assistance of an immigration attorney in an effort to forestall a 221 (g) denial. It should be noted that even with assistance of counsel a 221 (g) refusal may still be issued and further documentation needed. Consular Officers have wide discretion as per the doctrine of consular absolutism and therefore requests for further documentation should be taken seriously and responded to in a timely manner.

Tags: 221 (g), us embassy bangkok, us embassy thailand, US Visa Thailand, visa denial
Posted in General Legal Information, Thailand Visa, us embassy bangkok, US Visa Thailand | 8 Comments »

A common question for people getting married in Thailand is: can I get a prenuptial agreement in Thailand? The answer to this question is a resounding yes. Prenuptial agreements are recognized under Thai law and, if properly drafted, a Thai prenuptial agreement will be registered at the time of the Thai marriage. This is not the end of the story. There are some details that should be discussed before obtaining a Thai prenuptial agreement.

Thai Prenuptial Agreement when Registering a Marriage in Thailand

In Thailand, in order for a prenuptial agreement to be enforceable, the agreement must be registered at the time of the marriage. This is a literal statement, meaning that the agreement is attached to the marriage registration and is incorporated into the Thai marriage registration process. This is slightly different from prenuptial agreements in the US where they are simply signed before the marriage and it is somewhat separate from the marriage legalization.

Thai prenuptial agreements and US law

In a Thai prenup it is advisable to choose what type of law will govern the agreement. This means that if two people sign a prenuptial agreement that uses Idaho law, then at the time of the marriage dissolution, Idaho law will govern the agreement, regardless of where the divorce takes place. For Thai prenuptial agreements this is an important concept because it is probably not a good idea to use Thai law to govern the agreement. The reason for this is that most American jurisdictions will have a difficult time adjudicating property distributions on Thai legal principles due to the fact that those principles are foreign to concepts under common law. Also, a major reason for not using Thai law is the fact that the legislation is written in Thai and would thus be difficult to translate and interpret. This being said, a choice of law provision can be incorporated into a Thai prenuptial agreement so that US law will govern the agreement even though the agreement was executed in Thailand.

Why a US Attorney is necessary for Thai Prenuptial Agreements drafted for Americans

A US attorney in conjunction with a Bangkok lawyer can draft a prenuptial agreement that fully comports with both Thai and US law and ensure that it fully protects an American client’s assets should a divorce occur. Although Thai prenuptial agreements are not a guaranteed method of asset protection, they provide a great deal of protection for assets should a divorce arise.

Tags: prenup, prenup bangkok, Thai prenup, Thai prenuptial agreement, thailand prenuptial agreement
Posted in General Legal Information, Miscellaneous, Thai Family Law | 6 Comments »

The Uniting of American Families Act (UAFA) is a bill currently in Congress that would amend the US Immigration and Nationality Act in an effort to end discrimination against gay, lesbian, bisexual, and the trans-gendered US Immigration legislation by allowing “permanent partners” of US Citizens and permanent residents to obtain lawful permanent resident status in the same way as conventional spouses of American citizens and lawful permanent residents and to penalize immigration fraud related to non-bona fide “permanent partnerships.”

The most important aspect of this legislation is the addition of the term “permanent partner,” to current Immigration law. Under the proposed legislation proving permanent partnership would be defined as someone who:

(A) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment;

(B) is financially interdependent with that other individual;

(C) is not married to or in a permanent partnership with anyone other than that other individual;

(D) is unable to contract with that other individual a marriage cognizable under this Act; and

(E) is not a first, second, or third degree blood relation of that other individual.

...with liberty and justice for ALL

In my opinion, these “permanent partner” visas will require a great deal more evidence to prove a relationship than a conventional marriage visa, but at the same time it could closely resemble the K1 Fiance Visa in that, the K1 is a visa not based upon a marriage but an underlying bona fide relationship between the petitioner and the beneficiary.  After the sweeping election of Democrats in November there is a better chance than ever that this legislation will pass, but in order to get this through it may still require pressure being brought to bear on local Congressmen and Senators. So if this is an issue for you or someone you know, then call your local representative and tell them to vote for the Uniting of American Families Act.

Should this legislation be passed it would be a major victory for the LGBT Immigration movement. For more information please visit the following sites:

Immigration Equality

UAFA on Wikipedia

LGBT Immigration Rights

Tags: Gay Rights, gay us immigration, gay visa, LGBT US Visa, permanent partner, Same Sex Marriage, same sex visa, uafa
Posted in General Legal Information, Miscellaneous, Upcoming Legislation, US Visa and Immigration | 3 Comments »

Many Americans journey to Thailand each year for a myriad of reasons. One of the main reasons is tourism, as one of the top tourist destinations in the world Thailand boasts a thriving tourism sector. The upshot of a large tourism sector is a large percentage of American tourists coming from the US meet and form relationships with Thais. Many people each year fall in love in the Land of Smiles and seek to bring their Thai fiancée or spouse back to their home in the USA. US Immigration can be a daunting process for those unfamiliar with US Immigration laws and procedures. This is why it could be beneficial to retain the advice of a competent Immigration Attorney before filing any applications for a US Visa from Thailand.

What is a K1 Fiancée Visa and is it the proper American visa for my Thai Fiancée?

The K1 Fiancée Visa is a hybrid visa in that it is technically a non-immigrant visa, but it is a non-immigrant visa issued for the sole purpose of traveling to the US for the purpose of getting married and adjusting status to permanent residence. In order to get a K1 fiancée Visa in Thailand an I-129f petition for a K1 Visa must first be submitted to the USCIS (Immigration) office with jurisdiction over the American Citizen’s residence. After approval, USCIS will forward this I-129f application on to the National Visa Center and ultimately the US Embassy in Bangkok, where the Thai fiancée will conduct her visa interview.

How long does it take to get a K1 Visa for a Thai?

The K1 Visa sought in Thailand is generally the fastest family based visa to obtain. It usually takes approximately 6 months from submission of the I-129f petition at USCIS until the Thai fiancée receives the Fiancée Visa from the US Embassy in Bangkok.

Getting Started: How do I begin the K1 Visa Process from Thailand?

The best way to begin the K1 Visa process is to contact Integrity Legal at [email protected] or call us today. Let Integrity Legal help your Thai loved one obtain a K1 Visa in the fastest most efficient way possible.

Tags: Fiance Visa Thailand, Fiancee Visa Thailand, K1 Visa, K1 Visa Information, K1 Visa Lawyer, K1 Visa Thailand, US Immigration, US Immigration Thailand, US Visa, US Visa Thailand
Posted in General Legal Information, Thailand Visa, US Visa and Immigration | No Comments »