Integrity Legal

The K3 Visa was designed as an expedited alternative to Immigrant Marriage visas such as the IR1 Visa and the CR1 Visa. At one time, it could take as long as 3 years to process a marriage visa petition, which is why Congress created the K-3 visa category. However, in recent years the need for the K-3 visa has been less acute when compared to the past as the current processing times for the aforementioned Immigrant marriage visas is about 11-12 months. When comparing this to the K3 visa processing time one can see that the K-3 visa is becoming less of a necessity.

With that in mind, the United States Department of State’s National Visa Center (NVC) recently made an important announcement with regard to K-3 visas, the following quote is from a State Department publication promulgated by the American Immigration Lawyers Association (AILA):

“Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.
The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage. If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.”

There are some who are likely asking themselves: What does this all mean? USCIS adjudicates all visa petitions and, upon approval, forwards them to the National Visa Center (NVC). NVC processes all K3 visa applications before they go to the Consulate or Embassy abroad (for those applications which are to be processed in Thailand, the NVC handles the application prior to receipt by the US Embassy Bangkok).

In essence, the NVC will no longer process K-3 visa applications if an Immigrant visa application is received by the NVC prior to, or at the same time as, a K3 application. As a practical matter, all K-3 petitions have an Immigrant visa counterpart. It is believed that, most of the time, the NVC receives these applications either in tandem or nearly simultaneously. There may be a few instances where a K-3 application will make it to NVC prior to the Immigrant visa application, but for the most part this is not the case. As a result, it is highly likely that the K-3 visa will no longer be available to those seeking marriage visa benefits because the Immigrant visa application will reach the NVC prior to, or at the same time as, the K-3 application.

Tags: CR-1 Visa, CR1 Visa, IR-1 Visa, IR1 Visa, K-3 Visa, K-3 Visa Thailand, K-3 Visas, K3 Visa, K3 Visa administratively closed, K3 Visa Thailand, K3 Visas, National Visa Center, NVC, US Visa, US Visa Thailand, US Visas, US visas Thailand
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K3 Visa, National Visa Center, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

A recently proposed rule would increase the fees charged by the US Department of State for services performed at Embassies and Consulates abroad. To quote the AILA website:

“This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study’s (“CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services.”

Although not exhaustive, the following quotes list the proposed fee increases for services that will likely have the biggest impact upon US Citizens resident abroad:

“Passport Book Application Services

The Department is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. The CoSS estimated that the cost of processing first-time passport applications for both adults and minors is $105.80 based on a projected FY10 workload of 11.9 million. This cost includes border security costs covered by the passport book security surcharge, discussed immediately below. Because a minor passport book has a validity of just five years, in contrast with the ten-year validity period of an adult passport book, the Department has decided to leave the minor passport book application fee at $40, and allocate the remainder of the cost of processing minor passport book applications to the adult passport application fee.”

The proposed rule goes further as there will be further fee increases for new passport seekers:

“Passport Book Security Surcharge

The Department is increasing the passport book security surcharge from $20 to $40 in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the document itself. The passport book security surcharge is the same for adult passport books and for minor passport books.”

The addition of visa pages to an American’s passport has always been a courtesy provided free of charge. However, the proposed rule would change this:

“Additional Passport Visa Pages

In the past, the Department provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. The CoSS found that the cost of the pages themselves, of having the pages placed in the book in a secure manner by trained personnel, and of completing the required security checks results in a cost to the U.S. Government of $82.48 based on a projected FY10 workload of 218,000. Therefore, the Department will charge $82 for this service.”

For those American Citizens who have a child overseas a Consular Report of Birth Abroad (CRBA) is necessary in order to ultimately obtain a US passport for the child. That being said, the fee for a CRBA would be increased under the newly proposed rule:

“Application for Consular Report of Birth Abroad of a Citizen of the United States

The CoSS found that the cost of accepting and processing an application for a Consular Report of Birth Abroad of a Citizen of the United States is $197.28 based on an FY10 workload projection of 80,000 applications. The Department has decided to raise the fee from $65 to $100, still significantly less than cost, based on its view that too high a fee might deter U.S. citizen parents from properly documenting the citizenship of their children at birth, a development the Department feels would be detrimental to national interests.”

The Immigrant visa fees associated with the processing of Immigrant family based visa applications (such as IR-1 visas and CR-1 visas) are to be decreased pursuant to the proposed rule:

“Immigrant Visa Application Processing Fee

The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on CoSS estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others. Accordingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330.”

This being said, employment based application fees are to rise dramatically. Immigrant visa fees should not be confused with non-immigrant dual intent visa fees (such as those payable for the obtainment of a K1 visa or a K3 Visa) which are expected to rise in the future. Finally, an often overlooked service of the American Citizen Services section of a US Embassy or a US Consulate involves document notarization and legalization:

“Providing Documentary Services

The CoSS found the cost to the U.S. Government of providing documentary services overseas is $76.36 per service based on a projected FY 2010 workload of 380,000 services. These are primarily notarial services, certification of true copies, provision of documents, and authentications. However, the Department is raising these fees only from $30 to $50, lower than cost, in order to minimize the impact on the public.”

The above changes in the fee structure for Consular services will hopefully result in increased funds which will provide Americans with better services when they need important documentation.

Tags: American Citizen Services, consular report of birth abroad, CR-1 Visa, dual intent, IR-1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, notary service at US Embassy, passport, US Consulate, US Embassy, US Visa
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Upcoming Legislation, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 1 Comment »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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:

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.

Tags: American Citizen Services, CR-1 Visa, CR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, US Consulate HCMC, US Consulate Ho Chi Minh City, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa Hanoi, US Visa HCMC, US Visa Southeast Asia, US Visa Vietnam
Posted in K1 Visa, K3 Visa, US Consulate HCMC, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa and Immigration | 29 Comments »

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.

Tags: American Citizen Services, CR-1 Visa, CR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, US Embassy Cambodia, US Embassy Pnom Phen
Posted in K1 Visa, K3 Visa, US Embassy Cambodia, US Embassy Phnom Phen, US Visa and Immigration | No Comments »

For a more detailed look at the CR1 visa please see our main CR1 visa page at: CR1 visa Thailand. For information about US Immigration generally please see: US Visa Thailand.

The CR-1 Visa in 2010

As the new year begins this author would like to take this opportunity to look at the current method of processing a United States CR1 visa and also look at the future of the visa process in order to provide some insight to those thinking about submitting a visa application or petition in the future.

Currently, the United States Citizenship and Immigration Service (USCIS) estimates that it takes approximately 5 months months to come to a final decision regarding the disposition of an Immigrant CR-1 visa petition. This estimate measures the amount of time it generally takes from application submission until final decision. In the case of an approval, this estimate measures the amount of time it usually takes from the receipt date noted on Notice of Action 1 until the approval noted on Notice of Action 2. The prospective immigrant or the US petitioner should figure in more time for documentation compilation and delays due to the time the application will spend in transit.

Assuming petition approval, after the petition is adjudicated by USCIS it is sent to the National Visa Center (NVC). Unlike the K1 and K3 visa applications, the CR1 visa application will stay at the National Visa Center for an extended period of time due to the fact that NVC compiles a great deal of pertinent documentation which it then forwards on to the US Embassy. Many couples find this to be the most exasperating part of the US visa process because the National Visa Center can be a place where the application gets delayed.

After the National Visa Center forwards the case file to the United States Embassy, they will inform the applicant that it is time to prepare for the visa interview. The visa interview can inspire feelings of anxiety in the mind of the visa applicant as many are afraid that this phase of the process will be difficult. Many are under the mistaken impression that Consular Officers and Consulate Staff will try to undermine an applicant. In reality, the staff of the US Consulate is simply making an effort to conduct due diligence in an effort to ascertain whether or not the applicant has a genuine and bona fide intention to marry their American counterpart. Usually, the visa interview is a routine inquiry regarding the couple’s history.

Should the Consular Officer wish to review more documentation, they may issue a 221g refusal. This is simply a refusal to issue the visa without further documentation.

Should the visa application be approved, the applicant will be issued their visa shortly after the interview. The visa holder will then need to enter the Unted States within 6 months. Upon entry, the visa holder will be stamped into the US as a Lawful Permanent Resident. For those holding a CR-1 visa, their status will be Conditional Lawful Permanent resident util such time as an application for a lift of conditions is submitted and approved. After a lift of conditions is approved, the alien will be an unconditional lawful permanent resident in the USA.

Tags: CR-1 Visa, CR-1 Visa Thailand, CR1 Visa, CR1 Visa Thailand, Lift of Conditions, National Visa Center, Notice of Action 1, Notice of Action 2, US Visa, US Visa Thailand, USCIS, Visa Interview
Posted in CR1 Visa, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

For those who have been married to an alien spouse for less than 2 years, the only immigrant visa category that the couple may apply for is a CR1 visa. For those who have been married for more than 2 years at the time of application an IR1 visa may be available. Usually, when the alien spouse travels to the United States of America on a CR1 visa he or she will be admitted with conditional lawful permanent residence. However, there is a question on the lips of many couples: what if we were married less than two years when we filed a visa application, but more than two years when we obtained the visa? The answer: the alien spouse’s status at entry may depend upon the duration of the marriage at the time of his or her admission to the United States of America.

For aliens with conditional lawful permanent residence, it is necessary to file for a lift of conditions before the alien will be granted unconditional lawful permanent residence.

When an alien is admitted to the United States, they must pass through a Customs and Border Protection checkpoint, this is commonly referred to as a port of entry. It is a common misconception that a US visa gives the visa holder the “right,” to enter the USA. In reality, a visa only provides the bearer with the right to travel to a US port of entry and ask for admission. When a CR1 visa holder travels to the USA they are admitted in lawful permanent residence, but the conditionality of that residence is determined by the Customs and Border Protection Officer admitting the alien. For couples who have had their two year anniversary before the alien spouse’s first trip to the USA, Customs and Border Protection will likely admit the alien spouse to unconditional permanent residence because conditionality is determined at the time of entry.

In some cases where a couple fails to meet the two year marriage requirement, but their second anniversary is in the very near future, it may be prudent for them to simply wait until after their second anniversary before the alien spouse asks for permission to enter the US for the first time. This way, the couple would not need to apply for a lift of conditions after the alien spouse enters the USA because the alien spouse will likely be granted unconditional permanent residence upon arrival in the United States.

Tags: CBP, conditional lawful permanent residence, CR-1 Visa, CR-1 Visa Thailand, CR1 Visa, CR1 Visa Thailand, Customs and Border Protection, IR-1 Visa, IR-1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, Lift of Conditionality, Lift of Conditions, unconditional lawful permanent residence, US Visa, US Visa Thailand
Posted in CR1 Visa, General Legal Information, US Visa and Immigration, US Visa Thailand | No Comments »

In a recent article disseminated by AILA, Mr. Brent Renison discussed issues involving the so-called “widow’s penalty” (or “Widow Penalty”) and how recent legislation has been enacted to end the imposition of penalties imposed upon foreign spouses in the event that their US Citizen or Lawful Permanent Resident spouse should pass away before the adjudication of an adjustment application or an application for a lift of conditions of lawful permanent residence. To quote the article:

“The “widow penalty”, whereby spouses of U.S. citizens and their children faced automatic denial of a visa petition if the death of the spouse occurred prior to adjudication and prior to two years of marriage, effectively ended upon the passage of § 568(c).2 That section removes the two-year marriage requirement from the current law that permits widows and widowers (“widow(er)s”) of U.S. citizens to file a self-petition for themselves and their children.”

It is still required that the American’s widow demonstrate that the marriage was bona fide when it was entered into:

“By removing the two-year precondition to a current statutory program, Congress retained the widow(er) self-petition procedure including the requirement to show a good faith marriage. The law does not alter the rights of widow(er)s who were married two years or more, who have been able to self-petition since 1990.”

The end of the Widow Penalty hopefully marks the beginning of more compassionate treatment of foreign widows of American Citizens. The aforementioned article goes further in its analysis of the new law and the impact it will likely have upon fiancees and spouses of US Citizens:

“The deletion of the two-year marriage requirement will allow a widow(er) who was married less than two years at the time of the citizen spouse’s death to file a Form I-360 self-petition within two years of the law’s passage, or within two years of the spouse’s death, whichever is later.”

It is interesting that this will likely have an impact upon those who enter the United States upon a K1 fiancee visa:

“This self-petition can be filed concurrently with an Application for Adjustment of Status to Lawful Permanent Resident (Form I-485) if the widow(er) is in the United States pursuant to a lawful entry.”

Therefore, if the fiance of a US Citizen enters the USA on a K1 visa, marries the US Citizen, and the US Citizen dies before the adjustment application is either filed or adjudicated, then it would now be possible for the fiance visa holder to self petition for adjustment in these circumstances. In this author’s opinion, this is an equitable and effective way of dealing with what is already a difficult issue.

If a lawful entry is all that is necessary, then the question must be posed: if an alien enters the USA on a valid tourist visa, marries an American who subsequently dies, would that alien be eligible to submit a self petition for adjustment of status? Hopefully these issues will be handled as the new law is brought into effect.

Tags: American Visa Thailand, CR-1 Visa, CR1 Visa, Fiance Visa Thai, Fiance Visa Thailand, Fiancee Visa Thai, K-1 Visa, K1 Visa, K1 Visa Thailand, Lift of Conditions, Thai Fiance Visa, Thai Fiancee Visa, US Visa Thailand, Widow Penalty, Widow's Penalty
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, Legal Opinion, Miscellaneous, Upcoming Legislation, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

For those who have already executed a marriage in Thailand, the options for United States visas can become more limited. In general, the two Immigration options most applicant couples choose to pursue immediately following lawful marriage are the K3 visa and the CR1 visa. Unless there exist strategic reasons for applying for the K3 visa (speed of issuance, or choice of interview forum), the CR1 visa is often the better choice as it confers conditional lawful permanent residence upon the applicant at the moment they are admitted into the United States of America.

The CR1 visa is available to those couples who have been married for less than two years. IR1 visas are used by couples who have been married more than 2 years. In Thailand, a common misconception is that getting married is the best way to ensure a fast visa for a Thai loved one. In many cases, this is untrue because the K1 visa is sometimes a faster Immigration option. That being said, in cases where the United States Citizen is entitled to file an I-130 application abroad (known as a local filing or direct consular filing) marriage might provide a way of expediting the US visa process. If a US Citizen opts to file locally for a US visa and the couple has been married for less than 2 years, then a CR1 visa will be issued upon application approval.

Once in the United States, the foreign spouse will eventually need to apply for a lift of the conditions of his or her visa. This is accomplished by filing an I-751 Petition to Remove the Conditions of Residence. The United States Citizen spouse will need to file the petition within ninety days of the second anniversary of the foreign spouse’s entrance into the US and once the application is approved the foreign spouse’s lawful permanent residence will no longer be contingent upon their continuing marital status.

Essentially, this application to lift conditions is somewhat similar to the adjustment of status application. For those with a fiance visa it is necessary to adjust status to permanent residence before being able to remain in the US indefinitely. The lift of conditions is analogous because it is a necessity that must be dealt with before permanent residence is unconditional and failure to apply for the lift of conditions could result in the foreign spouse falling out of lawful status. It should be noted that for those who adjust status from a K1 visa, permanent residence is deemed to begin on the date noted upon the adjustment of status approval notice. Within ninety days prior to the two year anniversary of said date, the foreign spouse must apply to Remove the Conditions of Residence.

Upon approval of an application to remove conditions, the former CR1 visa holder will be converted to an IR1 visa and be issued a 10 Permanent Resident Card (Green Card).

Tags: CR-1 Visa, CR-1 Visa Thailand, CR1 Visa, CR1 Visa Thailand, Fiance Visa Thailand, I-751, I751, IR1 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, Lift of Conditions, Remove the Conditions of Residence, US Visa Thailand
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