Integrity Legal

In a recent announcement from the United States Citizenship and Immigration Service (USCIS), Deferred Action will be granted to those widows and widowers of United States Citizens who die before the two year anniversary of the foreign spouse’s arrival in the United States of America. To quote the AILA press release:

“U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano, on June 9, 2009, announced that DHS would grant deferred action relief to surviving spouses of U.S. citizens who died before the second anniversary of their marriage. Based on the Secretary’s decision, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for an adverse decision from USCIS would be the death of a U.S. citizen spouse prior to the second anniversary of their marriage.”

The first question that probably comes to the mind of the reader is:  ok, so what does “deferred action” mean in practice? To further quote the USCIS press release:

“Deferred action is an exercise of prosecutorial discretion not to pursue removal from the United States of a particular foreigner for a specific period. Deferred action is not intended to be a permanent remedy for this situation; rather it is a temporary discretionary solution.”

In cases involving United States Immigrant visas, there are two types of immigrant visa categories for spouses of American Citizens. There is the Conditional Resident Visa (CR1) and the Immediate Relative Visa (IR1). The Conditional Resident Visa is meant for spouses of United States Citizens who have been married for less than two years. IR-1 visas are meant for those who have been married for more than 2 years. When a Permanent Resident is in CR-1 status, then they must apply for a lift of conditions before they change status to IR-1. If residence is conditional, then the immigrant must leave the USA  if the lift of conditionality is not filed and approved. In many cases, only the US Citizen spouse can file to have the conditions lifted. Therefore, if the US Citizen spouse dies before the lift of conditions is filed and approved then the Conditional Permanent Resident could fall out of status as soon as 2 years is up. Deferred action places the Resident in a kind of limbo in which they can lawfully remain in the USA, but are not moved in IR-1 status. The press release goes further and states:

“Aliens with deferred action may apply for an Employment Authorization Document (EAD) if they can establish an economic necessity for employment.”

Therefore, the alien in the US in this situation could work and reside without fear of being removed, but the situation would seem to be simply a temporary stopgap measure and it does not appear that this would be a viable long term legal option.

Bear in mind that this issue only deals with US spousal and fiancee visas after adjustment of status. Therefore, the above analysis is not relevant to the K1 visa or the K3 visa per se, although it would be relevant if the foreign fiancee or spouse adjusts to CR1 status.

Tags: American Visa, CR-1 Visa, CR1 Visa, Deferred Action, K1 Visa, K1 Visa Thailand, US Immigration, US Visa, USCIS
Posted in Adjustment of Status, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

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

Visa Processing Times By Visa Category

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

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

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

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

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

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

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

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

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

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

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

Income Requirements for Fiance and Spouse Visa Sponsorship: 2009

In order to sponsor a Thai fiancee or wife for a visa to the USA, a US Citizen petitioner must prove that he can support the Thai applicant in such a manner that the Thai applicant will not become a burden to the state. Therefore, the US Citizen must present an affidavit of support proving an income that is deemed appropriate for supporting a Thai fiancee or wife. US Immigration policy dictates that in order to be able to support an immigrant one must produce an income that is 125% of the poverty level as set forth by US Housing and Human Services. Since Housing and Human Services constantly readjusts their definition of the poverty level, the requisite income required for immigrant sponsorship changes from year to year.

Below are the poverty figures for the 48 contiguous United States with calculation made for 125% of that figure:

Housing and Human Services has set a different standard for figuring the poverty level in Alaska, below is the poverty level for Alaska along with a calculation of 125% of that government defined monetary level.

Housing and Human Services also sets a different poverty line for Hawaii, below is the poverty guideline for Hawaii and a calculation of 125% of that guideline

It should be noted that active duty military need only show 100% of the federal poverty guidelines in order to be entitled to support an immigrant relative either entering on a K1 or immigrant visa.

For those with a deficiency in income (a more acute problem with prospective sponsors who are self employed) it may be possible to use a joint sponsor in order to make up the income shortfall. Another method of overcoming this obstacle is by using assets. For affidavit of support purposes, a prospective sponsor of a Thai fiancee or wife can make up the difference in income between what is actually earned and what is statutorily required by showing assets amounting to 5 times the difference between what a prospective sponsor earns and the legally required level. Therefore if a prospective sponsor falls $1,000 short of the required level, then he can show $5,000 in assets to make up that difference. US petitioners must submit the affidavit of support to the US Embassy in Thailand at the time of visa interview.

For more information please see

K1 visa Thailand

K3 visa Thailand

US visa Thailand

(Note: Nothing written herein should be regarded as a substitute for legal individual legal advice from a duly licensed US attorney. No attorney client privilege shall be inferred to have been created by reading this post.)

Tags: Affidavit of Support, CR-1 Visa, I-134, I-864, IR-1 Visa, K1 Visa, K3 Visa, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa Thailand | No Comments »

Although The Integrity Legal offices are located in Bangkok, Thailand, we do receive inquiries regarding Consular processing at the US Consulate in Chiang Mai. Generally we do not have much contact with that post because their activities with regard to US Visas is somewhat limited in comparison to the US Embassy in Bangkok. This post is meant to provide some insight about the US Consulate in Chiang Mai.

A Consulate with History

The United States Consulate in Chiang Mai is one of the few historical buildings used by the American State Department to house a diplomatic post. The consulate does business in the former royal residence of the Lanna Thai Kingdom, that until 1933, was a tributary state of the Kingdom of Thailand (then Siam).

Activities of The Consulate

Currently the consulate only processes non-immigrant visas. Therefore in order to obtain a CR-1 or an IR-1 visa, one must go to the US Embassy in Bangkok. It is also advisable to use the Bangkok Embassy with regard to the US K1 Visa and the K3 Visa because it will likely be the place where the application is adjudicated. For US citizens wishing to file a USCIS petition locally then the local Bangkok USCIS office will be where the petition must be filed.

This post primarily processes non-immigrant visa categories that are not family based. As a result, The Consulate mostly processes Tourist and Student Visas.

As with most any consular post, the consul can act as a notary so notarial services are carried out at the post as well as consular reports of birth abroad which is a document that is something akin to a birth certificate. Th consulate also creates affidavits confirming the right to marry. The consulate also replaces passports and can add additional visa pages to an American’s passport.

A question often posed by both Americans and others: does the US have honorary consul in Thailand or elsewhere? The short answer to this question: No. It is US policy to not place honorary consulates in other countries.  Although many countries will appoint honorary diplomats, the US feels that these services should be performed by professional diplomats.

For more infrmation about the US Consulate in Chiang Mai, please see the official website here

For more on US Immigration from Thailand, please see US visa Thailand

(Note: Nothing stated in this post or elsewhere on this site or blog should be used as a substitute for individual legal advice from a competent attorney. No attorney client privilege, express or implied, shall be created between the reader and author of this post)

Tags: Add new tag, CR-1 Visa, IR-1 Visa, K-1 Visa, Tourist Visa, US Consulate Chiang Mai, US Consulate General Chiang Mai, US Visa Thailand
Posted in US Consulate Chiang Mai, US Visa Thailand | No Comments »

One of the more confusing aspects of US Immigration from the perspective of laypeople is deciphering all of the legalese that US Immigration attorneys use when writing about US visas. To clear up some of the confusion, this post defines some of the most used jargon so that the average reader researching American Immigration can better understand the subject matter.

USCIS: The Acronym for the United States Citizenship and Immigration Service. The government entity formerly known as the INS (Immigration and Naturalization Service). USCIS is the office that adjudicates petitions for immigration benefits.

K1 Visa: The K1 Visa is a Fiance Visa in that it allows the unmarried fiance of a US Citizen entry into the United States for 90 days for the sole purpose of marrying the US Citizen (who filed the petition for the visa) and adjusting status in the United States.

I-129f: The K1 visa application filed and adjudicated at a USCIS service center.

Immigrant Visas: Visas that confer permanent residence upon entry (in the context of this blog this term is used interchangeably with the terms IR-1 and CR-1)

IR-1 Visa: a visa that confers permanent residence upon entry to the USA of an immediate relative of a US Citizen (for the purpose of this blog the IR-1 is generally used to refer to a visa for Thai-American married couples who have been married for more than 2 years.)

CR-1 Visa: Conditional Resident Visa, a visa that confers conditional permanent residence to the visa holder (for the purposes of this blog this term is generally used for marriage visas in which the underlying marriage has lasted less than 2 years in duration).

I-130 petition: the application form for obtaining an Immigrant Visa. It is filed and adjudicated at USCIS.

K-3 Visa: a K-3 Visa is a non-immigrant marriage visa originally designed as an expedited marriage visa when the I-130 petition was taking as long as 3 years to process. It requires a dual filing, and underlying I-130 petition as well as a subsequent I-129f petition in order to obtain the expedited visa.

Direct Consular Filing: refers to the method of directly filing a visa petition with a consulate or Embassy in a foreign country. Sometimes the term “Direct Consular Filing” is used interchangeably with the term “local filing.”

Local Filing: Generally, for the purposes of this blog this term is used when describing the method of filing an immigration petition at the USCIS district office overseas (Specifically the USCIS Bangkok District Office).

Adjustment of Status: Adjustment of status or AOS is the procedure of converting a non-immigrant visa holder into Lawful permanent residence (Green Card holder).

Advance Parole: An immigration travel document that allows an alien, with an adjustment of status application pending, to leave the USA and still keep their status from being canceled upon departure from the USA. Advance parole is necessary where a fiance has entered the United States on a K1 Visa and subsequently leaves before an adjustment of status is complete.

Green Card: A colloquial term for the document proving lawful permanent residence.

United States: According to the Immigration and Nationality Act of the United States, the definition of United States, “when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.“

Reentry Permit: A permit needed for a Lawful Permanent Resident who wishes to remain outside of the USA for a prolonged period of time. The reentry permit is necessary in order to mitigate against the presumption of abandonment of adjustment of status when a permanent resident leaves the United States.

I-134 affidavit of support: the affidavit of support necessary for the K1 Fiance visa, this affidavit shows that the US Citizen will be able to support the fiancee at the statutorily prescribed level.

I-864 affidavit of support: the affidavit of support used in conjunction with the Immigrant Visas for showing that a US Citizen can support his wife at the statutorily prescribed level.

Joint Sponsor: A person who jointly sponsors a visa beneficiary should the US Citizen petitioner not meet the statutory requirements to sponsor a beneficiary on his own.

For more information on US Visas Generally please see USA Visa Thailand

Note: None of the above should be used in lieu of legal advice from a competent licensed attorney in the readers jurisdiction

Tags: Adjustment of Status, advance parole, CR-1 Visa, Green Card, I129f, I130, IR-1 Visa, K1 Visa, K3 Visa, US Visa Thailand, USCIS
Posted in US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »