Integrity Legal

Yesterday I received an inquiry regarding the possibility of obtaining a United States V Visa. It had been a while since I had read anything about that category so I decided to do some quick research and share a few things regarding the US V Visa.

The Immigration Category known as the V visa was created under the Legal Immigration Family Equity Act of 2000. In the provisions of this legislation, spouses and minor children (not married and under the age of twenty-one) of United States Lawful Permanent Residents (green card holders) could receive a temporary visa in order to join their family member in the United States, while the immigrant visa process is pending.

As a rule, spouses and children of American permanent residents must wait for a comparatively longer period of time to get a visa than the spouse of a United States Citizen or a child (or step-child) of a United States Citizen. That being said, lawful permanent residents cannot avail themselves of the comparative benefits of a fiance visa, also known as a K-1 visa, because that visa category is only available to those betrothed to an American Citizen.

Currently, the V visa is only available to spouses and children of Lawful Permanent Residents who filed their visa application on or before December 21, 2000, as a result of this provision, fewer and fewer V visas are being issued as the pending applications are adjudicated.

The V visa is somewhat similar to the K-3 visa because they were statutorily designed with the intention of allowing spouses and children to travel to the United States of America while their immigrant visa was processing through the United States Citizenship and Immigration Service (USCIS). A major difference between these two visa categories is the fact that the K-3 is still currently obtainable for the spouse of any United States Citizen and has not been effectively “phased out,” by statute. Thai being said, those that enter the United States on a K-3 visa after the approval of a K-3 application still must go through the adjustment of status process or return to Thailand in order to go through consular processing and visa interview at the US Embassy in Bangkok, Thailand because, like the V visa, the K-3 is a two year non-immigrant multiple entry visa and therefore is only issued for a validity of limited duration.

(This post is not legal advice and should not be construed as such. Please contact an Immigration lawyer for individualized legal advice. No Attorney-Client relationship is formed by reading this piece.)

Tags: American Visa Thailand, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa Thailand, V Visa, Visa Lawyer Thailand
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There are many family relationships that can be used as a basis for obtaining a US visa. In cases where a betrothed couple wishes to get married and live in America there is a US fiance visa, also known as a K-1 visa. For an expedited marriage visa, some people opt utilize a K-3 visa. Further, in cases where a couple wishes to have some discretion about where the visa application will be adjudicated a K-3 visa could theoretically be used to “forum shop.” However, the classic marriage visa are the immigrant spouse visas discussed further below. Of particular interest to those applying for an immigrant spouse visa is the fact that a step-child can also receive an immigrant visa based upon the child’s relationship to the United States Citizen and foreign beneficiary.

In cases where a couple gets married overseas and wishes to immigrate to the USA, there are immigrant spouse visas known as CR-1 and IR-1 visas.  These visas require the filing and approval of an I-130 immigrant visa application.  In many cases, the foreign spouse will have children. Therefore, the question arises: what is to be done with the step children? In most cases, a step child will be able to travel to the United States in order to take up residency, but it is possible that a step child will be precluded from immediately traveling to the United States.

For step children over the age of twenty-one, an visa petition will have a lower priority than for a step child under 21 years of age. An Immediate question that usually follows up this statement: what about a child who turns 21 while the visa application is pending? Under current Immigration law the step child who was under 21 at the time of USCIS approval will have their status preserved until visa issuance, so turning 21 after petition approval will not cause the applicant to fall into a lower preference category.

Another issue with regard to step-child petitions involves the age of the step child at the time of the marriage this fact can have a crucial impact upon the step-child’s status and possibly preclude the step-child from obtaining an immigrant visa in an expedited manner. In complicated cases, it may be best to consult an Immigration lawyer, but for those who wish to deal with the matter on their own, the website of the United States Citizenship and Immigration Service can be very helpful.

In cases involving K-4 visas, which are derivative of K-3 visas for step-children, some of the above analysis is correct, but due to the different nature of the K-3 application, the laws and regulations could be different. Where possible, it is usually better to obtain an Immigrant visa because the beneficiary obtains permanent residence (Green Card) upon entry into the USA.

(This article is not legal advcie. This article does not create any type of Attorney/Client relationship.)

Tags: American Visa Thailand, CR-1 Visa Thailand, K-1 Visa Thailand, K-3 Visa Thailand, Step Child Visa, US Visa Thailand
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Hiring an Immigration attorney is a decision that each couple makes based upon their unique set of circumstances and that decision should be made after careful review and research. That being said, when the decision is made that a US visa lawyer is necessary,  sometimes couples are unwittingly duped into hiring a non-licensed “immigration consultant” or “visa agent.” In even worse situations, the couple believes that they are actually retaining the services of a licensed lawyer when in fact they are dealing with someone who has never completed formal legal training or been licensed to practice law.

Form G-28 is a required form that must be submitted to the United States Citizenship and Immigration Service (USCIS) when the initial visa application is sent to the USCIS Service Center. Basically, the G-28 puts the United States government officers working at USCIS on notice that an attorney will be representing the petitioner, beneficiary, or (more common in family base cases) both parties. Further, the US Embassy in Bangkok will currently allow attorney’s to present 221g follow up documentation provided a G-28 form has been signed by the Beneficiary and the attorney can produce credentials showing that they are in fact licensed to practice law in at least one United States jurisdiction.

One of the convenient aspects of hiring an attorney from the point of view of the United States Citizen petitioner and the Thai fiancee Beneficiary is the fact that once the attorney enters his or her appearance, then most, if not all correspondence, will be sent to the attorney’s office.

Also, the G-28 acts as a litmus test to determine if the person or organization one is dealing with is an actual attorney or law firm. USCIS has made regulations which stipulate that only attorneys and non-profit organizations are allowed to represent clients in United States Immigration matters. With regard to non-profit organization, these types of institutions are defined as those like the Red Cross or other non-governmental refugee organizations. In circumstances where a “representative” is used who is not a licensed attorney, USCIS has stated that the representative must take little or nothing with regard toa fee. This provision seems truly to have been designed with organizations assisting indigent refugees in mind.

On the G-28 form, the attorney, petitioner, and beneficiary will need to affix their signatures. The attorney will also place his or her state of licensure on the form. In the case of the K-1 visa application, the attorney will also place his or her G-28 number on the form I-129f.

For further information please see:

K1 Visa

K3 Visa

(Please be on Notice: this piece is not intended to be regarded as a substitute for legal advice. Please seek legal advice from a licensed attorney. This post creates no lawyer-client relationship between the parties writing or reading it.)

Tags: 221 (g), G-28, G28, K-3 Visa Thailand, K1 Visa Thailand, US Embassy Thailand Bangkok, US Immigration Lawyer, US Immigration Lawyer Thailand, US Immigration Thailand, us visa lawyer thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

In most cases where a US Marriage Visa is involved the couple does not need to concern themselves with the issue of adjustment of status. That being said, the K-3 visa is an exception because it is a non-immigrant visa.

One should not mistake “adjustment of status” for “change of status.” “Change of Status” only applies to persons transitioning from one non-immigrant visa category to another non-immigrant visa category. In the case of a transition from a non-immigrant to an immigrant visa cateogry, the proper term of art is “adjustment of status.”

The K-3 visa is a bit of an odd category because it requires two underlying USCIS petitions: the classic I-130 and the supplemental I-129f (usually reserved for K-1 visas).  A result of these dual applications is that an alien beneficiary spouse has the option of either adjusting status in the United States or returning to her home country for interview and Immigrant Visa conferral.

Some clients opt to adjust a Thai spouse’s status in the United States, while others take the position that returning home for the interview is more pleasant. The K-3 Visa lasts for two years, therefore many Thai beneficiaries use what could otherwise be the adjustment phase of the process to return home to Thailand in order to see family while at the same time finalizing the Immigrant visa process at the US Embassy in Thailand.

Should the foreign bride decide to adjust status stateside, then the process is similar to the adjustment of status process for a fiance visa. Upon approval of the Adjustment application, the K-3 visa beneficiary will be given lawful permanent residence.

There was a time when K-3 visas could be granted with a duration of up to ten years. Due to adjustment issues it seems Embassies stopped issuing these visas with 10 year validity. The reason may stem from the fact that government officials may have decided it was inefficient to let the I-130 petitions languish at Embassies abroad while the spouse of a US Citizen enjoyed a 10 year visa. Another issue could be that a US Citizen spouse dying could leave the foreign spouse stranded from an immigration standpoint because the K-3 is a non-immigrant visa category and the US Citizen’s death could result in precluding the foreign spouse from obtaining permanent residence based upon the marriage to the now deceased spouse. For these reasons, it may be prudent to submit an application for adjustment of status as soon as the beneficiary enters the USA on a K-3.

(Nothing herein should be assumed to act as a substitute for legal advice from a competent licensed attorney. No attorney-client relationship is created by reading this blog post.)

Tags: Adjustment of Status, K-1 Visa, K-3 Visa Thailand, us embassy bangkok, US Visa Thailand
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The K-3 Visa Process: A Closer look at a Hybrid Visa

The K-3 Visa is a very misunderstood and probably often misused visa for American Family Immigration. A great deal of false information is present all over the internet as the K-3 is trumpeted as THE US marriage visa. In reality the K-3 visa, although in certain instances effective, probably has limited utility particularly where the Thai-American couple has yet to register a marriage in Thailand.

The K-3 Process Explained

The K-3 visa was created at a time when I-130 petitions (the underlying petition of the CR-1 visa and the IR-1 visa) were taking as long as 3 years or more to process through USCIS. Congressmen and Senators, feeling pressure from their constituents, made the decision to create an alternate visa for bi-national married couples. The result was the K-3 Marriage Visa.

Step one of the K-3 Visa Process:

File an I-130 petition for a CR-1/ IR-1 Visa. The I-130 petition creates the foundation for the rest of the K-3 process.

Step 2 of the K-3 Visa Process:

File an I-129f petition. Those who have kept up with this blog will recall that the I-129f is the K-1 visa application. In the case of the K-3, the visa process is essentially the same as the K-1 from this point except for the fact that now the K-3 petition is processing at the same time as the CR-1 or IR-1 petition.

Step 3 of the K-3 process:

The I-129f petition, upon approval, leaves USCIS and is sent to the National Visa Center. From there, it is forwarded to the US Embassy in Bangkok.

Step 4 of the K-3 Visa Process:

The K-3 interview at the US Embassy: the K-3 Visa beneficiary is interviewed by the Consular Officer and provided there are no 221g denials, the K-3 visa will be approved.

While this process is transpiring, the I-130 petition is also pending simultaneously. From a practical standpoint, this means that the couple has a choice regarding which visa application they will use to obtain the visa. Should they opt to simply use the K-3, then the Thai wife will enter the USA with a 2 year multiple entry visa, but NOT lawful permanent residence (Green Card). In order to obtain permanent residence and therefore finish the K-3 visa process, the K-3 spouse must either adjust status in the USA or leave the US and travel back to Thailand and re-interview for the underlying IR-1/CR-1 visa.

One of the probable reasons for a great deal of misinformation regarding the K-3 is the fact that “visa agents” do not understand the visa process. Also, a particular issue with regard to Thailand is the fact that unlicensed “Immigration Consultants” and “Law Firms,” cannot submit a US Immigration petition at the local USCIS office in Bangkok. If a US Citizen is qualified, a local filing can garner an immigrant visa for a Thai spouse in as fast as six months and the Thai spouse is conferred permanent residence upon arrival in America. USCIS will only allow a licensed attorney to represent clients before their officers and as a result non-licensed individuals seem to prefer to mail petitions to the USA in an effort to avoid being detected in the unlicensed practice of law.

(This post is for general information only. It is not a sufficient alternative to private legal advice from a licensed attorney. This post should not be misunderstood: merely reading this post does not create an attorney-client relationship between author and reader.)

Tags: K-3 Visa, K-3 visa process, K-3 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Visa and Immigration, US Visa Thailand | No Comments »