blog-hdr.gif

Integrity Legal

Posts Tagged ‘Fiance Visa Thailand’

3rd November 2009

Although this blog primarily focuses upon United States immigration for couples, we sometimes overlook the fact that the Petitioner may be a woman and the Beneficiary may be a man. Many American women in Thailand meet and fall in love with Thai men. Eventually the US Citizen must return to America and the couple begins to research options for the Thai national’s entrance into the USA.

One of the first visa categories that many couples look at is the category B2 visa also known as the tourist visa. Unfortunately, as in situations with an American man and a Thai lady, the US Embassy in Bangkok is reluctant to issue such visas to those with an American girlfriend, fiancee, or spouse because the relationship itself constitutes a “strong tie” to the US which is evidence bolstering the presumption of immigrant intent under 214(b) of the United States Immigration and Nationality Act (INA). Many tourist visas sought for Thai loved ones of US Citizens are denied under the above section of the INA.

Fortunately, the US fiance visa may be a possibility for the Thai-American couple as the US citizen fiancee could sponsor the Thai fiance for a K1 visa. This visa would allow the Thai man to come to the USA for 90 days. After arrival, the couple must marry and apply for adjustment of status so that the Thai man will be a lawful permanent resident in the United States. Should the couple not marry, then the Thai must leave the US before the 90 day period of lawful Immigration status ends. Generally, it takes between 6 and 7 months to process a K1 visa.

US marriage visas are also an option for the Thai-American couple. The usual method for receiving marriage visa benefits is for the Thai man to marry the American lady at a local Amphur office (Civil registrar office) in Thailand. Once the couple is legally married they will be eligible to apply for a CR-1 visa by filing an I-130 Immigration petition. It usually takes between 11 and 12 months for such a petition to be processed.

For those who wish to expedite the marriage visa process a K3 visa could be employed to shorten the processing time. It currently takes 8 months to process the supplemental I-129f petition for a K3. This type of visa requires the filing of two petitions. At this time, the K3 visa is probably not the best method of obtaining Immigration benefits because the K1 has a faster processing time and the CR1 visa does not require adjustment of status after entry.

All in all, the US Immigration process is basically the same regardless of each parties gender. That being said, US federal law (the Defense of Marriage Act) still requires that the petitioner and beneficiary be of the opposite sex.

more Comments: 04

12th October 2009

For those researching the United States visa process a document called Notice of Action 2 is mentioned many times in relation to spouse and fiance visa applications. This post is a brief description of what Notice of Action 2 is and what it means for a pending application.

When a United States visa application is submitted the first piece of correspondence that arrives from the United States Citizenship and Immigration Service  (USCIS) Center is a receipt called Notice of Action 1 (NOA 1). This puts the petitioning party on notice that the application has been received by the USCIS Service Center. There are certain situations where the adjudicating officer decides that more information or evidence needs to be provided before the application can be properly adjudicated. In cases such as this, a Request for Evidence (also known as an RFE) will be issued and sent to the petitioner. However, in most cases, further evidence is not necessary and if the application is approved then Notice of Action 2 is sent to the petitioner. If the application is denied, then a notice will be sent to the petitioner as well.

Although not extremely common in cases involving visas for the family members of United States Citizens, USCIS denials can occur. Denials are usually the result of a petition that did not go far enough in showing that a bona fide relationship between Petitioner and Beneficiary existed at the time of the filing. Another common reason for denial is that the petitioner applied for the wrong type of visa. A common misconception in Thailand involves customary marriages and their effect upon a couple’s United States Immigration options. In Thailand, if a Thai marriage is not registered at the Civil Registrar’s office (Amphur), then the marriage is not legally binding and not recognized by the United States Citizenship and Immigration Service as a basis for receiving US Immigration benefits. Therefore, if a couple who has only been married unofficially submits a petition for an IR1 visa, CR1 visa, or K3 visa then they will be denied because they do not meet the statutory requirements for visa issuance. However, the couple in this situation may be eligible for a K1 visa.

After USCIS issues Notice of Action 2, the petition will be sent to the National Visa Center. In cases involving Immigrant visas, the NVC holds the petition for a fairly long period of time. However, in cases where a K1 visa is being sought, the NVC does not hold the application for a long time. They will usually conduct a Security clearance and forward the file to the US Embassy, in cases involving Thai fiancees they will forward the application to the US Embassy in Bangkok. The United States Consulate General in Chiang Mai does not generally handle US Immigrant visa cases.

more Comments: 04

4th October 2009

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).

more Comments: 04

24th September 2009

The question asked by many American Citizens in the United States or Expats in Thailand with a Thai Girlfriend: How do I obtain a Green Card for My Thai Fiancee? Before answering this question, the researcher needs to discern exactly what a Green Card is.

The Document commonly referred to as a “Green Card,” is in fact a term used to describe Lawful Permanent Residence in the USA. In family visa applications, there are essentially two ways of obtaining lawful permanent resident status: applying for an Immigrant visa and obtaining said status upon entry into the United States; or applying for a K1 visa, entering the United States, and applying for permanent residence through the process of adjustment of status. There are two types of lawful permanent residence: conditional lawful permanent residence and unconditional lawful permanent residence. Conditional permanent residence is reserved for those couples who either opt to adjust status in the United States or who have been married less than 2 years at the time they apply for a visa. Conditional permanent residence is conferred upon the entrant who travels to the United States on a CR1 visa. Unconditional permanent residence is conferred upon an entrant to the United States traveling on an IR1 visa.

If seeking an immigrant visa for a Thai fiancee, then the American Citizen will need to marry the Thai national before the application’s submission. In Thailand, marriage registration can be a very straightforward process provided both parties are legally free to marry. A common question with regard to Thai marriage registration: will the US recognize my Thai marriage to my thai fiancee? In short: yes. The United States recognizes the legality and binding effect of a legally sanctified matrimonial union executed in the Kingdom of Thailand provided that it is registered at the local Amphur office.

What about bringing my Thai fiancee to the United States on a K1 visa? This is an option pursued by many Thai-American couples as it is generally the fastest method of getting a Thai fiancee into the United States. The only real downside of the K1 visa is the fact that it requires a post-marital adjustment of status.

Where the fiancee enters and adjusts or marries abroad and enters on an Immigrant visa, if she decides to travel abroad subsequent to acquiring permanent resident status, then she may be wise in obtaining a reentry permit so that a presumption of residential abandonment does not arise. Those who have acquired a US reentry permit are free to remain abroad for up to 2 years without raising the suspicion that they are not ever returing to the United States.

more Comments: 04

18th September 2009

In a recent report published by the Immigration Policy Center, the issues surrounding United States Immigration and its demographic impact were discussed. To quote an email sent out by the Center, the demographics of Immigrant’s in the United States is somewhat surprising:

“Roughly one-in-seventeen U.S. citizens are foreign-born, and tens of millions of native-born U.S. citizens have immigrant parents. This demographic reality has important political ramifications. A rising share of the U.S. electorate has a direct personal connection to the immigrant experience, and is unlikely to be favorably swayed by politicians who employ anti-immigrant rhetoric to mobilize supporters.”

The fact is: were it not for the influx of immigrants to the United States, the “birth dearth” being experienced in other western countries would be highly prevalent in the United States of America. Immigrants add a great deal to the American economy as well as the societal structure as they compensate for the aging American population. Systems such as social security and Medicare would be in far greater peril were there to be no influx of foreign immigrants traveling to America on a USA visa in order to live and work.

In the same email, there were some compelling statistics regarding immigrant populations in the United States:

“There were 38.1 million immigrants living in the United States as of 2007, of whom 42.5% were naturalized U.S. citizens.

The number of naturalized U.S. citizens increased from 8 million in 1990, to 12.5 million in 2000, to 16.2 million in 2007.

There were 45.5 million Latinos in the United States in 2007, of whom 11.2% were naturalized U.S. citizens and 60.2% were native-born U.S. citizens.

There were 13.3 million Asians living in the United States as of 2007, of whom 37.7 % were naturalized U.S. citizens and 31.8% were native-born U.S. citizens.”

Of particular interest for this author is the final statistic regarding people of Asian descent. As a law firm in Bangkok that primarily handles United States Immigration for Thai fiancees and spouses of US Citizens, this statistic truly hit home. The K1 visa, the K3 visa, and the CR1 visa applications are processed at the US Embassy in Bangkok, Thailand. We see many happy couples using the American Immigration system in order to reunite with their US Citizen loved ones. Many of these immigrants proceed to adjust their status and remain with their American loved one long term. Some proceed further and complete the naturalization process. In many cases, children are born from these happy unions. In all, America is fueled by Immigration as it is a nation of immigrants. As time passes hopefully the American government will keep this in mind when creating new legislation which impacts the Immigration process.

more Comments: 04

14th September 2009

In a previous blog posting we discussed the K2 child visa which is a derivative visa of the K1 fiance visa. The K2 visa is intended for the unmarried minor children of K1 visa applicants. Both visas have an initial validity of 90 days, but if the K1 visa holder adjusts status, then the K2 visa holder can “piggyback” their application for adjustment onto that of their parent and obtain permanent residence as both a derivative and a step-child.

K3 visas operate in a similar manner as the K1 visa. K3 visas are non-immigrant visas that allow for dual intent. This means that the entrant can have non-immigrant as well immigrant intent at the time of entry in the United States of America. For those with children, the K4 visa is one way of bringing a K3 visa holder’s unmarried minor children to the United States. Like the K2 visa, the K4 visa mirrors the benefits of its parent category. Therefore, if a K3 visa is issued with a validity of 2 years (which has become the common practice), then the K4 will likely be issued with the same validity period. The K4 visa is also a multiple entry visa just like the K3.

The K3 visa category was created at a time when it was taking nearly three years to process regular I-130 visa applications for foreign spouses. It was created with the idea of providing an expedited non-immigrant visa alternative so that bi-national families could be reunited quickly. As the processing time for the I-130 has decreased, so too has the need for the K3.

For those who travel to the United States on a K3 or K4 visa, eventually the issue of adjustment of status will arise. As the K3 and K4 are non-immigrant visas, the holders must apply for a “green card” before being allowed to remain in the USA. K4 beneficiaries can “piggyback” their application for adjustment on their K3 parent’s application.

As stated previously, for most people the K3 visa, and therefore its K4 counterpart, is generally not the most optimum visa because it takes longer to process when compared to the K1 and it does not confer Permanent Residence as the CR1 or IR1 visa does. However, the K3 has its strategic benefits because it can allow the couple the opportunity to have more control over their case’s adjudication, because the statute specifies that the interview forum is based upon the location of the underlying marriage.

more Comments: 04

20th June 2009

A question sometimes posed with regard to US Immigration from Thailand involves the possibility of a Thai fiancee or spouse eventually acquiring United States Citizenship by naturalization. Even in a case in which the couple in question is seeking a K-1 visa or a K-3 Visa (which are both non-immigrant visas) there still seems to be an underlying belief that eventually the immigrant fiancee or spouse will one day wish to acquire United States citizenship.

Many people wonder about the time and residency requirements for naturalization. In many cases the ability to read, speak, and write in the English language is a requirement and a general knowledge of the history and government of the United States is also mandatory.

As to the residency requirement, the United States Citizenship and Immigration Service (USCIS) stipulates that one must have been lawfully admitted to permanent residence in the United States in order to subsequently apply for citizenship. The USCIS website goes further and states:


“Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.”

To quote further from the USCIS website, in order to Naturalize as a United States Citizen one must meet the following eligibility requirements set forth under the Immigration and Nationality Act. Basically, the applicant must:

  1. have resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
  2. have been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant’s continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
  3. have resided within a state or district for at least three months

Beyond these requirements the applicant must also show that they are of good character. Which is best indicated by an absence of criminal record. In cases where a child of an American Citizen is not eligible to acquire US citizenship at birth, naturalization technically occurs automatically upon the child’s entry into the United States on an Immigrant Visa.

Please note: that where the applicant for naturalization gained lawful permanent residence due to marriage to a United States Citizen, the time requirement for naturalization is 3 years of permanent residence and 18 months physical presence in the United States.

(This post is intended for general informational purposes only and should not be used as substantive legal advice. For more information please contact a licensed attorney. This post does not create a lawyer-client relationship between the person writing this post and those later reading it.)

more Comments: 04

7th June 2009

The K-1 Application: Frequently Asked Questions

A very frequently asked question with regard to the K-1 Fiance Visa is: how do we apply for a K-1 Visa? US Immigration procedure is a somewhat difficult to understand for those who have never dealt with the application process. This post will briefly provide details about the K-1 application, where it will be filed, and use of an Immigration attorney.

A common misconception held by many American Citizens is that a visa applicant can simply apply for the K1 Visa at the US Embassy directly. It is easy to understand why people believe this particularly in light of the fact that this is essentially the procedure for obtaining a US tourist visa. In the case of K1 visas this, however, is not the case. One must first file the K-1 visa application with an office called the United States Citizenship and Immigration Service, or USCIS for short. The application is then routed to the National Visa Center and remitted to the American Embassy in Bangkok.

There are so many forms, which should be used?

Many people are belabor under the myth that the US Immigration process is a very straightforward process. In reality, because US Immigration law is statute driven it can be quite complex to the point of being byzantine. The rules governing how and where things must be filed and the order in which petitions ought to be filed can be fraught with difficulty for the laymen. In the case of the K1 visa, the correct application form that should be used is the I-129f. This should not be confused with the I-129 petition form. Withing this application form, there are many questions that  a couple will need to confer about. Recent statutory changes like IMBRA and the Adam Walsh Act have created new restrictions with regard to who is allowed to petition for a K-1 visa.  The I-129f is the crux of the fiance visa application, but there are more government forms that must accompany this application along with supporting documentation that must be used to prove the legitimacy of the relationship.

Where do we file the K1 visa application?

The location that one should file a K1 application depends upon where the US Citizen’s residence in the United States is located. Another misunderstanding involves a belief that aK1 application can be filed at a local USCIS office. In most cases this is not correct. There are two Service Centers for US Citizens wishing to file a K1 application, one is in Vermont and the other is in California. The location for filing the application depends heavily upon the US Citizen’s state of residence.

Should we use an attorney to file a K-1 visa application?

Retaining the services of an attorney is a decision that each couple should decide on their own. That being said, a great deal of the administrative burden can be lifted by retaining attorney assistance. An attorney or law firm with an office in the home country of the fiancee can be even more beneficial because the attorney can deal with the fiancee’s issues at the US Embassy in real time.

(Nothing Contained herein should be thought of as an appropriatealternative to personalized legal advice from a competent attorney. No attorney/client relationship should be assumed to have been created by merely reading this post.)

more Comments: 04

7th May 2009

What Happens After the K1 Visa Interview?

After the visa interview a fiancee will either receive a 221 g request for more information, an outright denial, or an approval of the visa application and a visa will be placed into her passport.  A frequently asked question: how long before she must use the visa to the USA? Generally, the answer to this question is 6 months from the issue date. Therefore, a Thai fiancee will need to present her visa at a port of entry in the USA within 6 months of visa issue or else the visa will expire and she will need to obtain a new one before presenting herself at the port of entry again. Getting past the port of entry is usually a smooth process and the worst inconvenience imposed upon the Thai fiancee will likely be the existence of a long line at the United States Customs and Immigration checkpoint.

So you have gotten your fiancee to the United States from Thailand using a K-1 Fiancee. She has gotten past the port of entry in the United States and she is currently in lawful K1 status in the USA: Now What?

A question many couples pose after completing the K-1 visa obtainment process is: does my fiancee need to leave the USA within 90 days? No, you and your fiancee must get legally married and apply for adjustment of status to permanent residence in order for your fiancee to remain in the US legally. While an adjustment of status application is pending the Thai fiancee is entitled to remain in the USA.

If the couple decides that for logistical reasons a marriage is not feasible, the the Thai fiancee will need to depart the United States before the visa’s validity expires.  An issue that arises with regard to this type of situation: under the provisions of the International Marriage Broker Regulation Act a US Citizen is only allowed to petition for one K1 visa every 2 years and if petitioning for more than one K1 within that time period, a waiver must be obtained. Generally, where there was good reason for failure to conduct a marriage and this reason is properly explained to the USCIS adjudicator, a waiver will be issued and the couple would be able to obtain a second fiance visa.

Please see US Visa Thailand for more information

(Please note: Nothing contained within this blog post should be construed as creating an attorney-client relationship between author and reader. This post is meant for informational purposes only and is not meant to act as a substitute for individual legal advice from a licensed attorney.)

more Comments: 04

24th April 2009

An extremely popular question asked by those seeking to bring a loved one to the United States from Thailand revolves around whether it is possible to obtain a tourist visa from the US Embassy in Bangkok. The crux of the problem with tourist visas comes down to an inability of most applicants to overcome the consular officer’s presumption of immigrant intent.

Tourist Visas and Immigrant Intent

Under section 214 (b) of the United States Immigration and Nationality Act, a consular officer at a diplomatic post is required to presume that all applicants for a non-immigrant visa actually are intending immigrants. In order for an applicant to overcome this presumption, they must produce evidence which denotes that the applicant has a compelling reason to return to Thailand after visiting the United States. Evidence of a compelling reason to return to Thailand includes: Employment in Thailand at a high salary (the salary itself is not so much of likely interest to a consular officer per se, but the fact that a high salary is not something most people abandon), strong family ties to the Kingdom,  and investments in Thailand that are difficult to abandon (real property, small business, etc.). This list is not exhaustive, but is simply intended to give an idea of what consular officers are looking for when determining whether an applicant has overcome the presumption of immigrant intent.

Is a US boyfriend or husband a “poison pill,” for a Thai’s US Tourist Visa Application?

Some people believe that the presence of an American as the Thai’s primary partner in a relationship causes an automatic denial of a tourist visa application. The author does not believe this to be the case. Instead, where the Thai applicant has an American significant other, the applicant must still show that they overcome the presumption of immigrant intent. The difference when there is an American present comes down to showing that the couple is not utilizing a tourist visa to circumvent the conventional method for immigrating to the US by entering on a tourist visa and attempting to regularize status and obtain permanent residence. Put simply, the couple needs to show that they are using the visa for its legitimate purpose: tourism.

If a K1 Visa is a non-immigrant visa, why can a Thai fiancee remain in the USA on it?

In a way, the K1 Visa is a fusion of elements of both the non-immigrant and immigrant visas. The visa allows the Thai fiance to enter the US for 90 days for the sole purpose of marriage to a US Citizen and adjustment of status in order to remain in the USA. The visa was created to allow couples the opportunity to see if a marriage will work and if the couple decides that it will, then status adjustment is permitted. So the visa is non-immigrant insofar as it has a definitive expiration date, but if the K1 visa holder complies with the visa and decides to marry stateside, then they can remain in the USA with a minimum amount of legal difficulty.

Please note: None of the above should be construed as creating an attorney client relationship nor should be used in lieu of legal advice from a competent licensed attorney

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.