Integrity Legal

US Visas for Immediate Relatives related by Marriage

For those who wish to bring their family to the United States there are options under United States Immigration Law that allow immediate relatives of American Citizens entry into the United States as well as the possibility of permanent residence. At one time, the most common method of bringing a loved one to the United States was by marriage and petitioning for an immediate relative visa to the USA. The application for an Immediate Relative Visa was the I-130.

Congress then passed legislation creating two visa categories, where before there had been only one, for relatives related by marriage. Currently, there is what is known as a CR-1 visa which stands for Conditional Resident Visa. The conditionality of this visa means that the visa is conditioned upon the marriage lasting for two years. The other type of marriage visa is the IR-1 Visa. This visa is a Immediate Relative visa and there are no conditions implied with this visa.

As the legal situation evolved and the backlog of Immigration petitions increased, it became necessary to provide a more expedited visa for spouses of American Citizens. For this reason, legislation creating the K3 visa was enacted.

As recently as 2 months ago, this author advised clients that the K3 was an efficient and expeditious method of bringing a spouse to the USA in comparison to the CR-1 or IR-1 Visas. However, the United States Citizenship and Immigration Service (USCIS) has recently cleared a great deal of its backlog of cases and as a result the processing times for the I-129f petition (the Supplemental petition filed in order to obtain a K3 visa, those seeking a K1 visa will recognize this as the application form for that visa category) are nearly the same as the I-130 petition.

A K3 visa has many advantages and tactical uses, but the speed advantage of the K3 visa has recently been diminished by the faster processing time of the I-130 petitions. The I-130 is currently processing quickly, but the backlog could increase again later, although it does not seem likely. At its inception the K3 visa was being issued as a multiple entry non-immigrant visa with a validity of ten years. However, at the time of this writing, the K3 visa is being issued with a validity of two years. CR-1 Visas conditional period lasts for two years while IR-1 Visas, as mentioned previously, are unconditional

Deciding which category of US marriage visa to use is a decision that should be made after thoughtful study and consultation with the loved one who will be immigrating as well as an attorney should a couple find it necessary to retain one.

(Note: The information contained herein is meant for general use only and is not meant as a commentary on specific situations. This writing should not be used as an alternative for personalized legal advice from a competent attorney. No Lawyer-Client relationship is created between the reader and writer of this piece.)

Tags: CR1, I-129f, I-130, IR1, K1, K3, US Marriage Visa Thailand, US Visa Thailand
Posted in US Visa and Immigration, US Visa Thailand | 2 Comments »

There is some debate as to what type of visa is the fastest to obtain for American men married to Thai women. In the past the K-3 Visa was a quicker and more efficient way of bringing a Thai wife to the USA in comparison to the Immigrant Relative Visas (CR-1 and IR-1). However, at the time of this writing the K3 is not processing as fast compared to the CR-1 to make it a good option for most couples.

There was a time when it took 3 years for USCIS to adjudicate an I-130 application submitted by a US Citizen on behalf of his Thai wife. Since USCIS has now streamlined their adjudication process the published adjudication time frame is the same for both the I-130 application as well as the I-129f application (the I-129f application was traditionally used to apply for a K-1 Visa and when an expedited marriage visa was created in the form of the K3 the I-129f application form was chosen as the application form to obtain the visa). Since the adjudication time estimate is the same the speed factor has been nullified as a reason for obtaining a K3 over an Immigrant Visa.

Dual Petitions

The K-3 filing is a supplemental visa petition with USCIS. When one files for a K3, they must first submit an I-130 petition, then after receiving Notice of Action 1 (the letter from USCIS stating that they received the application), an I-129f petition is submitted which includes a copy of the Notice of Action 1.  Clearly, the problem facing someone attempting to self file is the fact that submitting 2 petitions requires double the paperwork.

After K3 Visa obtainment Adjustment of Status still required

In order for one to obtain permanent residence in the United States on a K3 Visa, the Thai wife must file an application to adjust status. The adjustment of status process can be somewhat costly and time consuming. However with a CR-1 or IR-1 Visa adjustment of status is unnecessary due to the fact that these visas confer permanent residence upon entry into the United States.

When comparing these two visa options, it becomes apparent that a K3 Visa with its lack of permanent residence conferral and marginally faster processing time from USCIS submission to interview at the US Embassy in Thailand is probably not the best options for most Thai-American married couples. However, there may be instances where a K3 Visa would be a better option in certain circumstances.

For more information please see: US Visa Thailand

Note: Nothing in this article should be used in lieu of competent advice from a licensed attorney.

Tags: CR1 Visa, CR1 Visa Thailand, I-129f, I-130, IR1 Visa, K3 Visa, K3 Visa Thailand, US Immigration Thailand, US Visa Thailand
Posted in US Visa and Immigration | 1 Comment »