Integrity Legal

The affidavit of support is used to prove that an American Citizen can support a Thai fiancee or wife in the USA. Although the form is issued by USCIS, it is presented at the Thai fiancee or spouse’s interview at the American Embassy in Bangkok Thailand. The type of visa one wishes to obtain will make the difference in the type of Affidavit of Support that will be necessary to show the US Citizen petitioner’s ability to support a Thai fiancee or wife in the United States.

The I-134 and I-864 affidavit of support to Prove Financial ability for US Visa Sponsorship

There are two affidavit forms used in US Family Immigration matters that are used to prove that a US citizen is indeed capable of sponsoring his loved one at the statutorily prescribed levels. The I-134 and the I-864 are the two different affidavit forms and their use with regard to visa category depends upon the situation and the visa being sought.

Financial Requirements

Currently, for the I-864 affidavit of support, the US Citizen must show that he or she can support his Thai fiancee or spouse at a level equal to 125% of the Federal poverty guidelines (as calculated by Housing and Human Services) for the year in which the visa is being sought.

The Binding Effect of the I-864 affidavit of Support upon a US Citizen

Some US Citizens are interested in how binding their financial commitments are with regard to the I-864 affidavit of Support. There is some case law that has allowed US Permanent Resident former spouse of US Citizens the right to collect money from the US Citizen spouse based upon the finding that the Permanent Resident is the third-party beneficiary of an agreement between the United States government and the US Citizen. Also, the US Citizen will be liable to the US government for the relevant costs should the Permanent Resident spouse become a public charge.

Proving Financial Ability and Obtaining Assistance with the Affidavit of Support

Generally, a US Citizen’s ability to support a fiancee or spouse is proven by presenting evidence showing the US Citizen’s income is above the statutorily mandated 125% of the poverty guidelines. Proving the financial ability to support a fiancee can be somewhat difficult if the US Citizen’s income does not meet the 125% requirement. Using assets to prove financial ability is one method, while many people opt to simply utilize a joint sponsor in order to meet the financial requirements. Joint sponsorship is a popular method of overcoming affidavit of support issues.

Note: Nothing in the post should be used in lieu of legal advice from a licensed US attorney with Immigration experience.

For More US Immigration Information Please see:

US Visa Thailand

Thai Fiance Visa

K1 Visa Thailand or

USA Visa Thailand

Tags: Affidavit of Support, American Visa Thailand, Fiance Visa Thailand, I-134, I-864, US Marriage Visa Thailand, US Visa Thailand
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A popular immigration decision made by Thai-American couples is the decision to pursue a K1 Visa from Thailand. Many couples opt for the fiance visa because it is a faster visa to obtain in comparison to the conventional Immediate Relative Visa. The adjudication processing time for the CR-1 and IR-1 Visa can be as much as 5 months longer than that of the K1 Visa. These time differentials coupled with the fact that many couples like to have the 90 day window of opportunity to decipher whether a marriage will work or not make the K1 Visa a very attractive option.

IMBRA and its limitations on the K1 Visa

A few years ago, Congress passed the International Marriage Brokers Regulation Act in order to clamp down on so-called “mail order bride,” outfits. One of the byproducts of this act is the fact that K1 Visa petitions have been limited. Before the promulgation of IMBRA it was possible for an American Citizen to essentially apply for and obtain infinite fiancee visas for as many beneficiaries as he wanted. Under the new regulations, a US Citizen is only allowed to petition for 2 K1 Visas without needing to obtain a waiver from USCIS. Even with this regulation comes a further caveat, if he should petition for 2 K1 Visas within a 24 month period, then he will also need to obtain a waiver.

The issue involving petitioning for two K1 visas usually comes up in context of the Thai-American couple who obtain a K1 visa and the Thai lady goes to the US. The couple finds that at the time a marriage is not logistically feasible. Therefore, she leaves the United States and returns to Thailand. Later, the couple decides to petition for another K1 Visa because their situation has changed and they feel that now a marriage is workable. Do they need to obtain a waiver in order to obtain a second K1 Visa? The answer: Probably.

Depending upon the time frame of the petitions it may be necessary to obtain a waiver in order to have a subsequent I-129f petition (the petition form for a K1) approved. If the previous petition was filed within 24 months of the subsequent petition then a waiver is likely a necessity. All is not lost by needing to file for a waiver. They are generally granted where the couple explains the situation and why 2 K1 visas were filed by the same couple within a 2 year period. It is very wise to retain a US attorney in Thailand in order to prepare a Thai loved one’s K1 Visa petition in general and particularly in any situation where a USCIS waiver is necessary.

For more information please see

US Visa Thailand

Fiance Visa Thailand

Note: Nothing in this post should be used in lieu of legal advice from a duly licensed attorney in your jurisdiction

Tags: Fiance Visa Thailand, IMBRA, International Marriage Broker Regulation Act, K1 Visa Thailand, US Visa Thailand, Waiver
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Many Americans journey to Thailand each year for a myriad of reasons. One of the main reasons is tourism, as one of the top tourist destinations in the world Thailand boasts a thriving tourism sector. The upshot of a large tourism sector is a large percentage of American tourists coming from the US meet and form relationships with Thais. Many people each year fall in love in the Land of Smiles and seek to bring their Thai fiancée or spouse back to their home in the USA. US Immigration can be a daunting process for those unfamiliar with US Immigration laws and procedures. This is why it could be beneficial to retain the advice of a competent Immigration Attorney before filing any applications for a US Visa from Thailand.

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

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

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

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

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

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

Tags: Fiance Visa Thailand, Fiancee Visa Thailand, K1 Visa, K1 Visa Information, K1 Visa Lawyer, K1 Visa Thailand, US Immigration, US Immigration Thailand, US Visa, US Visa Thailand
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