Integrity Legal

For many Thai-American couples a prenuptial agreement is an effective method of ensuring that bot parties understand the rights, obligations, and responsibilities that marriage entails. The US Embassy in Bangkok, Thailand issues a large number of visas to the fiancees and spouses of American Citizens. As this is the case, one of the ancillary issues regarding US Immigration involves prenuptial agreements as many couples opt to have a Thai Prenuptial Agreement signed prior to a marriage which is used as a basis for a K3 Visa or a CR1 Visa or they opt to have a prenuptial agreement drafted prior to a Thai fiancee’s departure to the USA on a US fiance visa (also known as a K1 visa). That being said, having a prenuptial agreement properly drafted is extremely important as failure to properly draft such an important document could lead to unforeseen problems down the road.

In previous posting on this blog, this author has discussed the importance of having a licensed US attorney act as a representative in US Immigration matters as “visa companies,” “visa agents” and fly by night operations claiming to be either lawyers, attorneys, or both cannot represent clients before the United States Citizenship and Immigration Service (USCIS). With regard to a Thai prenup, one should retain a licensed American attorney to draft a prenuptial agreement if for not other reason than the fact that they are trained in the working of United States law as well as the common law system in general. Unfortunately, those falsely claiming legal credentials are often drafting documents that are insufficient to ensure the security of one’s assets.

The obvious question that many people in Thailand have is: how can I be sure that the person drafting my prenuptial agreement is a lawyer? As with United States Immigration matters, the best way to verify an individual’s credentials is to ask for either a State Supreme Court License, a State Bar Association Membership Card, or a Federal license to practice law in a US Federal jurisdiction. After receiving the individual’s credentials, it may be necessary to check with the Supreme Court or Bar Association to be certain that the individual is an attorney in that jurisdiction.

Prenuptial Agreements are very important documents and they should be carefully drafted by someone with legal acumen. Entrusting something so important to those without credentials is a risky endeavor that will likely not be recognized until long after correspondence with the drafter has terminated.

For further information please see: Prenuptial Agreement Thailand.

Tags: CR1 Visa, CR1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, prenup, Prenuptial Agreement Attorney Thailand, Prenuptial Agreement Lawyer Thailand, prenuptial agreement Thailand, Thai prenup, Thai prenups, Thai prenuptial agreement, Thailand prenup, thailand prenuptial agreement, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, prenuptial agreement, Thai Family Law, Thailand Marriage Registration, Thailand Property, Thailand Real Estate, US Visa and Immigration, US Visa Thailand | 22 Comments »

For regular readers of this blog, it is probably no surprise that some of the most recent USCIS Service Center processing time estimates are being put up as a courtesy to readers and the immigrant community at large. However, we have begun adding other visa category processing time estimates as there may be those in Thailand interested in either the L1 visa for intracompany transferees or the E2 visa for those trading in the United States under the US-Thai Treaty of Amity.

The following are the processing time estimates from the California Service Center as of January 31, 2010:

The following are the processing time estimates for the Vermont Service Center as of January 31, 2010:

Please note that these estimates are for USCIS processing only and do not include processing time for an application at the National Visa Center or at the US Embassy or US Consulate that will ultimately adjudicate a foreign national’s visa application. Please be advised that recent changes implemented by NVC may have a dramatic impact upon the overal K3 Visa process, but these policies should not effect the processing of a K1 visa.

For information about assisting a loved one with US visa obtainment please see: Thai Girlfriend Visa.

Tags: Amity Treaty, CR1 Visa, E2 Visa, E2 Visa Thailand, I-129f, I-130, IR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, L1 Visa, L1 Visa Thailand, Thai Girlfriend Visa, Treaty of Amity, US-Thai Treaty of Amity
Posted in Amity Treaty, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Consulate Chiang Mai, 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, USCIS | 9 Comments »

In a recent posting on this blog we discussed a recent internal rule change at the National Visa Center (NVC). The NVC announced that effective February 1, 2010 they will no longer process I-129f petitions for marriage visa benefits if the underlying I-130 petition arrives prior to, or at the same time as, the supplemental I-129f petition. There are those who are wondering what impact this will have upon visa seekers. For those seeking a K-3 visa, the impact of this recent announcement is very important because in many cases, the NVC will require couples to seek immigrant spouse visas such as the IR-1 visa and the CR-1 visa rather than the expedited K3 visa. However, some may be confused about how this new rule will impact those seeking a fiance visa.

In order to obtain a fiance visa, the US Citizen must file an I-129f petition for a K1 visa. If the initial petition is approved, then it will be forwarded to the National Visa Center for a security clearance. After a security clearance, it will be forwarded to the US Embassy or US Consulate with proper jurisdiction. Confusion may arise because some may be placed under the mistaken impression that the I-129f petition will be administratively closed by NVC in a fiance visa case. This is not the truth, as administrative closures of I-129f petitions are only to happen in the context of applications for the K3 visa and not the K1 visa. This recent rule change will likely have no impact upon the K1 visa process as the rule is designed to change the K3 visa process exclusively.

One upshot of this recent development is that the resources that NVC was expending in processing I-129f petitions for K-3 visas may be diverted to processing Immigrant visas or K1 visas. That being said, it is this author’s opinion that the K1 visa process is quite efficient and NVC usually takes very little time to process K1 visa applications. In most cases where the visa application is to be processed by the US Embassy Thailand, there is a two week waiting time between I-129f petition approval by USCIS and the forwarding of the file from NVC to the US Embassy. By most people’s estimate, this is a reasonable period of time to wait. In the case of Immigrant visas, the NVC processing time is considerably longer as the NVC requires more documentation in Immigrant visa matters compared to non-immigrant visa cases.

Tags: American Embassy Thailand, CR-1 Visa, CR1 Visa, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, US Consulate Chiang Mai, 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, USCIS | No Comments »

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 »

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 with relatives overseas the immigration process can at times seem interminable. In most cases, the visa process involves multiple US government agencies and can be somewhat confusing as Immigration is an area in which different regulations overlap.

Currently, there is a Bill in Congress that would reform the United States Immigration system. Many practitioners of Immigration law as well as immigrants feel as though the time has come to reform the American Immigration system. On the American Immigration Lawyers Association Leadership blog there has been a recent posting about the current state of the Immigration system, ways it can be fixed, and how all of these issues impact Americans as well immigrants. To quote directly from the blog posting:

“The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber. The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org Now is the time to turn the tide of the culture of “No” pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive.”

At present, the K1 visa process for Thai fiancees takes approximately 6-7 months from K1 visa application submission until final decision at the US Embassy in Bangkok.

The K3 visa process generally takes approximately 8 months from initial I-130 submission until the the visa interview.

It now takes about 11-12 months to process a CR-1 or IR-1 visa if the petition is filed in the United States of America.

There are some who would argue that it takes too long to obtain a US visa for an immediate relative. Others find it rather odd that a fiancee visa takes less time to process than a marriage visa. This could be attributed to the fact the K1 visa does not provide the bearer with long term lawful presence in the United States of America, but instead only provides the visa holder with 90 days status in the USA and the opportunity to adjust status to permanent residence subsequent to marriage.

The upcoming Comprehensive Immigration Reform bill will be an interesting thing to watch as it will likely have a dramatic impact upon future immigrants to the United States as well as some of those currently processing through the Immigration system.

Tags: CR1 Visa, CR1 Visa Thailand, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, IR1 Visa, IR1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K1 Visa, K1 visa application, K1 Visa Process, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Visa Interview
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Thailand Marriage Registration, Upcoming Legislation, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

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 »