Integrity Legal

I was reading a piece written by the American Immigration Lawyers Association that could be useful for refugees in Thailand. With the political situation in Burma remaining abysmal, refugee issues will probably continue to be a problem in Thailand. The following is an original writing based upon information included in a piece written by AILA:

Recognition of Unregistered Customary Marriages in Refugee Camps

How do the United States Citizenship and Immigration Service Centers view marriages conducted in refugee camps that are not duly registered at a government office or  properly formalized under the laws of the country in which the marriage takes place? For instance, if a customary wedding ceremony occurs in a Burmese refugee camp in the Kingdom of Thailand and the wedding ceremony is properly conducted by the authorities in charge of the refugee camp, but the marriage is not registered, recorded, or recognized by the Thai government officers at the local Amphur, or District, Office which is generally a requirement of legal marriages occurring within the jursdiction of the Kingdom of Thailand, then that marriage will not be considered legal under Thai law. Will the United States Citizenship and Immigration Service recognize the marriage as valid for reasons pertaining to the I-730 refugee/asylum petition? If USCIS will recognize this type of marriage for immigration puposes, then is there any special kinds of evidence that must be submitted to prove up the bona fide nature of the marriage?

USCIS may consider marriages in circumstances described above as valid for immigration purposes, but there are some caveats. In the past, the United States Citizenship and Immigration Service has made the decision that the lack of legal perfection or registration of a marriage might not cause the marriage to become invalid for the purpose of immigration if the reason for the failure to register or perfect stems from the applicants flight from persecution.

If those seeking asylum as refugees in the United States were precluded from executing a valid marital perfection or registration of their religious, tribal, or customary wedding ceremony with the government at the time of the marriage and this preclusion was based upon a situation outside of their control; should this situation be associated with the underlying persecution of this collection of peoplet, then the marriages might be considered valid by USCIS for purposes relating to US immigration. Situations beyond the control of a refugee couple’s control that fit this category include (but may not be limited to): the inability to utilize government institutions in a host country because of one or more policies of the refugee camp, host government regulations that are discriminatory in nature, or any preclusion of marital recognition resulting from the flight from the refugee’s home country.

Much like Fiance Visas, CR1 visas, or other family based visa petitions, it is incumbent upon the couple to prove that the marriage is bona fide. Ways of proving the bona fides of the marriage include: evidence of the couple holding themselves out as married, evidence of the couple having lived together, offspring resulting from the marriage, and execution of a marriage ceremony.

For More Please See:

K1 visa Thailand

(Please not: Nothing in this article should be used in place of legal advice from a competent licensed attorney. No attorney client privilege, either express or implied, is created by reading this post.)

Tags: Asylum, K1 Visa Thailand, marriage in Thailand, Refugee, US Visa Thailand
Posted in us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 1 Comment »

There are certain questions that seem to come up repeatedly when dealing with clients and prospective clients in Thailand. I thought that todays post could review some of the more frequently asked questions regarding the US Immigration process, specifically from Thailand.

1. Do two fiances need to have met before applying for a K1 visa?

The short answer: Yes. The Long answer: a couple should have met, but this requirement can be waived. In certain instances, USCIS will waive the meeting requirement if the applicant or petitioner can show a compelling reason why they have not met their fiancee within the past 2 years. That being said, it should be borne in mind that in order to have this requirement waived, a high threshold must be overcome in that the petitioner must show a compelling reason why he or she could not have met their fiancee. This burden of proof is on the level of showing “extreme hardship,” for waiver purposes.

2. Is it okay if my Thai fiancee speaks no English and only speaks Thai?

Strictly speaking, there is no language requirement with regard to US Immigration from Thailand. That being said,  having no shared language would raise issues as to whether the couple is in a bona fide relationship, because if they cannot communicate, then it could be inferred that the relationship is not genuine.

However, in cases where it is a Thai-American wishing to file a K1 application for a Thai and the couple shares a common language (Thai), this would not be as much of a pressing issue.

3. Can I file for more than 1 K1 Fiance Visa?

Yes, but with restrictions. Under the International Marriage Broker Regulation Act (IMBRA) restrictions have been placed upon multiple filers of K1 Visas. Basically, if one wishes to file for a second K1 visa within a 2 year period after initially filing for another K1 visa, then the petitioner will need to obtain a waiver of IMBRA restrictions from USCIS.

4. How much money do I need to make in order to prove an ability to support a Thai fiance or wife?

The amount of income necessary to prove an ability to support a Thai fiancee or spouse varies depending upon the number of dependent a US Citizen petitioner has. Check the Affidavit of support financial requirements to learn more. Also, if one does not meet the income requirement, then a joint sponsor may be utilized.

Can a Permanent Resident Apply for a K1 Visa?

No, only a US Citizen is entitled to file a petition on behalf of an alien fiancee.

Can I apply for a K1 or Marriage Visa for my Partner of the Same Sex?

Under Current law, Same Sex couples are restricted from many of the family based immigration categories. However, the Uniting of American Families Act is a piece of pending legislation. The UAFA would grant, “permanent partners,”  the same immigration rights as different sex couples.

Thanks for reading,

For more information please see:

Thailand K1 visa

Thai Fiance Visa

US Visa Thailand

(Note: Nothing Contained herein should be used in lieu of individualized legal advice from a licensed attorney. No attorney-client relationship (express or implied) is created between the reader and the writer of this post).

Tags: IMBRA, k1 application, k1 process, K1 Visa Thailand, multiple k1 visas, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa Thailand | 1 Comment »

For general information about problems with a Us visa application please see: US Visa Denial Thailand.

The process of obtaining a visa for a loved one to the United States can be long and complicated.  At the end of the process, the last thing a prospective applicant wants to receive is a rejection and denial of the visa application. However, this can occur and in situations in which it does occur there are remedies. In other posts on this blog, the topic of waivers of inadmissibility has been discussed. This post will briefly recap the topic and add some new information about where a waiver application can filed and clear up confusion about what types of waivers exist under current legislation.

IMBRA Waiver with USCIS

One point of confusion that I have heard from prospective visa petitioners involves the IMBRA (International Marriage Broker Regulation Act). Pursuant to the IMBRA,  one must obtain a waiver in order to file multiple K1 petitions within a two year period. Although this provision denotes a waiver requirement for a multiple filer of K1 visas, this type of waiver is contemporaneously with the I-129f application for Fiance Visa. (It would be prudent to consult with an Immigration attorney if you believe you may be subject to multiple filer restrictions under IMBRA).

US Waivers of Visa Denial at the US Embassy in Bangkok, Thailand

Should the visa be denied at the US Embassy in Bangkok, then one must first decipher the type of denial. Technically a 221 g refusal is a visa denial, but from a practical standpoint it is merely a visa denial pending further documentation or information. Therefore, it is possible to cure whatever deficiencies exist and ultimately obtain the visa.

Sham Relationship or Marriage

If the consular officer makes a decision that a marriage of fiance relationship is not genuine, then the visa could be denied and that decision is not subject to waiver or appeal. This is why proving up the legitimacy of a relationship or marriage at the US Embassy in Bangkok is so important.

Consular Finding of Legal Inadmissibility

If the consular officer finds that the applicant for a visa is legally inadmissible then the visa will be denied, but the finding of inadmissibility may be remedied through the approval of a waiver of inadmissibility (most likely an I-601 waiver application).

Where is the Waiver Application Filed

It is possible to file a waiver application with the consular officer at the US Embassy. However, this method may be inefficient as the Embassy will send the I-601 waiver application to USCIS for adjudication. It may be faster to simply file an I-601 application with USCIS directly.

On another related note USCIS Bangkok has administrative jurisdiction over USCIS filed offices in  New Delhi, India; Seoul, Republic of Korea; Beijing and Guangzhou, People’s Republic of China; Hong Kong, Special Administrative Region of China; Manila, Philippines; and Ho Chi Minh City, Vietnam. In its capacity as Bangkok’s District Office it has jurisdiction over Australia, Burma, Brunei, Cambodia, East Timor, Laos PDR, Indonesia, Singapore, Thailand, Malaysia, and New Zealand. Therefore an I-601 waiver application for a US visa to be obtained from an Embassy in any of these countries can be filed at USCIS Bangkok.

Thanks for reading and for more on US Immigration from Thailand please see:

K1 visa application

Fiance visa application

US Visa Thailand

(Please note: this writing should not be used in lieu of legal advice from a licensed attorney with experience in US Immigration matters. No relationship (attorney-client or otherwise) should be implied from reading this article.)

Tags: 221 (g), Inadmissibility, K1 Visa Thailand, US Visa Thailand, visa denial, Visa Refusal, Visa Waiver
Posted in Fiance Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | 7 Comments »

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.)

Tags: Adjustment of Status, Fiance Visa Thailand, IMBRA, K1 Visa, K1 Visa Thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa Thailand | No Comments »

Buddhist marriage ceremonies are a very interesting aspect of Thai culture. Many Thai and American fiances choose to conduct a customary religious ceremony in order to convey to the world the couple’s mutual desire to remain together and express their commitment to their partner. As Thailand is not a common law country, the idea of “common law marriage,” is not a concept specifically recognized under Thai jurisprudence. Therefore, if a marriage is not duly registered at an Amphur office (a Thai government office with a mandate akin to a department of vital statistics in the United States), then Thai law is unlikely to recognize any type of domestic partnership exists. Therefore, from a practical standpoint, without a duly formalized marriage execution and issuance of a marriage certificate: no marriage exists.

A question often posed by prospective K1 Visa seekers is: if I have a ceremonial or customary marriage in Thailand, will that preclude obtainment of a K1 visa because the Thai fiance no longer meets the legal definition of “fiancee,” under relevant immigration law?

The question of Thai customary wedding ceremonies is not a cut and dried issue, but it can be said that without a registered marriage, then in the eyes of US Immigration law, the couple is not married. Therefore, a couple who have performed a customary wedding ceremony in Thailand, but have not executed a legal marriage will likely be able to obtain a Fiance visa.

From a US Visa and Immigration perspective, the odd upshot of conducting a customary marriage ceremony is the fact that the ceremony can act as evidence in further proving the bona fide nature of the underlying relationship. However, it may be wise to retain representation because explaining the legalities and details of a Thai-American couple’s relationship to the immigration authorities can require legal expertise. Basically an attorney would explain the situation and press home the fact that the couple is not legally married and therefore they meet the definition of fiances for the purpose of American immigration law.

A related question with regard to lack of marriage registration comes up with regard to children born of a Thai Citizen and an American Citizen. Many people ask if American Nationality can be conferred if the marriage was not legally formalized. The short answer to this question: if the child is born of an American Citizen, then the US Citizen’s citizenship will likely transfer to the child automatically upon birth. There are some limitations on this general rule where the US Citizen parent has not had presence in the USA for a statutorily defined amount of time and therefore cannot transmit Citizenship. In a case such as this in Thailand, an Immigration Attorney in Thailand should probably be consulted in order to understand the child’s US Immigration and Nationality options.

For information on US Marriage Visas from Thailand please see:

K3 Visa Thailand

US Marriage Visa

(Note: Nothing in this post should be subsequently used in lieu of individual legal advice from an attorney. No attorney-client relationship is created between the reader and author of this post.)

Tags: Fiance Visa, K1 Visa, K1 Visa Thailand, Marriage Registration, Thai fiancee, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »

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

Tags: Fiance Visa Thailand, K1 Visa Thailand, tourist visa thailand, us embassy bangkok, US Visa Thailand
Posted in Fiance Visa Thailand | 1 Comment »

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
Posted in US Visa and Immigration | No Comments »

Many people become concerned when it becomes time to prepare for the visa interview at the US Embassy in Thailand. Since the US Visa obtainment process can be a true, “hurry up and wait” game there are sudden flurries of activity followed by lulls of inaction. Packet 3 can be a stressful time for the Thai-American couple because it requires a great deal of document gathering and compilation. This is difficult for Americans gathering documentation, but for a Thai fiancee or spouse it can be nearly overwhelming. In some cases, people opt to hire a US visa lawyer in Thailand, but some opt to compile the necessary documentation on their own. Whichever path is taken, this post will shed some light upon what packet 3 is and what needs to be done to fulfill the packet 3 requirements before the Visa interview at American Embassy in Thailand.

What is Packet 3?

Packet 3 is the list of documentation and instructions for the visa interview at the US Embassy. Non-Immigrant Visa Applicants (K1 Visa and K3 Visa) will receive packet 3 from the Embassy in Thailand.  Immigrant Visa applicants (CR-1 and IR-1 Visas) will receive packet 3 from the National Visa Center rather than the US Embassy in Bangkok. The National Visa Center conducts a more extensive background check on immigrant visa applicants due to the fact that an immigrant visa confers permanent residence upon entry into the USA.

Some of the documentation can be difficult to obtain. This is especially the case in situations in which the applicant is registered on a Tabien Baan in a province far from Bangkok and must obtain documentation from the Amphur in his or her home amphur office. Name change certificates are one of the most sought after pieces of documentation that is difficult to obtain because they must be obtained from the Amphur and Thais tend to change their names far more often than Americans due to the fact that name change is a much less difficult endeavor for Thais.

Having an attorney with knowledge regarding the US Immigration process can be extremely helpful for getting a jump-start on the packet 3 process. Having foreknowledge of what documents are needed for packet 3 can greatly speed up the process because one can inform the Thai applicant as to what is needed beforehand and thus prepare accordingly.

For more in depth instructions regarding packet 3 click here

Please note:  nothing in this post should be taken in lieu of competent advice from an attorney and no decisions regarding any aspect of US Immigration should be made without extensive research and thoughtful calculation.

Tags: American Embassy Thailand, K1 Visa Thailand, K3 Visa Thailand, Packet 3, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Marriage Visa, US Visa Thailand
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US Visa for a Thai Fiance or Spouse’s Child

An often asked question regarding US Immigration from Thailand is: how do I bring my Thai fiancee or wife’s Thai child with us to the USA. The answer to this question depends upon what type of visa is being sought. Each Family Visa category has a derivative visa counterpart. Therefore, the K1 Fiancee Visa has the K2 child Visa, the K3 has the K4 Child Visa, the Cr-1 has the Cr-2 for a Thai child, and the IR-1  has the IR-2 Child Visa. All derivative visa applications must be filed with the appropriate office of USCIS.

Conditions and Validity of a US Visa for a Thai Child

These derivative visas have the same conditions and validity as the underlying visa upon which they are based. Therefore in the case of the K-2 and K-4 Visa the visas are non-immigrant visas and therefore require adjustment of status before the beneficiary will obtain lawful permanent residence in the USA. It should be noted that failure to file for adjustment of status for the derivative visa could lead to the Thai child falling out of status in the USA. This could occur if the US Citizen spouse and the Thai mother of the Thai child file for adjustment of status, but, for whatever reason, fail to file on behalf of the child. The moment that the mother’s application for adjustment is approved the Thai child’s application is dead because the underlying visa has been canceled as a result of the status adjustment.

The CR-2 and IR-2 visas do not have this problem because they are immigrant visas and therefore adjustment of status is not a necessity once the visa holders arrive in the USA. However, with regards to the CR-2 Visa, since the underlying CR-1 Visa confers conditional permanent residence a filing for a lift of conditions is required for the CR-2.

Thai Children at the Visa Interview at the US Embassy in Bangkok, Thailand

Thai Child Immigrant’s presence will generally be required at the Visa interview at the US Embassy in Thailand. Although their presence is requested they may or may not be interviewed. To file for a derivative visa a concurrent visa filing must be submitted at the time of submitting the underlying visa petition.

In some cases, the Thai mother wishes to wait to bring the child to the USA until after the wedding or until after the move to the USA. In a case such as this, after the marriage or the arrival of the Thai wife in the US, the American  Citizen spouse may file a visa petition for the Thai child as a step-child or the Thai mother may file a visa petition on behalf of the child as a minor child of a lawful permanent resident (if the situation fits these facts). Generally, it is advisable to file the child visa petition concurrently with the underlying petition if speed is an issue.

For more information Please See: US Visa Thailand

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

Tags: child visas, cr2 visa thailand, ir2 visa thailand, K1 Visa Thailand, k2 visa thailand, K3 Visa Thailand, thai us visa, us embassy visa thailand, us k1 visa, us visa bangkok, US Visa Thailand, usa fiancee visa
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The CR-1 Visa is one of, if not the, most common US Visa sought for Thai Loved ones seeking to journey to the USA (The K1 Fiance Visa from Thailand is another widely used US Immigration tool from Thailand, please see Fiance Visa Thailand for more details). The reason for this is likely due to the fact that many Thai-American couple’s situation fits the criteria of a CR-1 Visa.

CR-1 stands for “conditional resident 1,” in practical terms this means that a person in the US on a CR-1 Visa has conditional permanent residence. In practical terms, the difference between conditional permanent residence and unconditional permanent residence is that a conditional permanent resident could lose their permanent residence status. A situation in which one might lose their permanent residence would be where a Thai/American married couple obtains a Cr-1 Visa on behalf of the Thai wife. Subsequent to obtaining the CR-1 Visa and entering the US, the couple divorces, but not before they file for a “lift of conditionality.” (A lift of conditions of a CR-1 Visa is generally filed by the American Citizen spouse at the 2 year anniversary of the permanent resident’s entry into the USA) If the lift of conditions has not been granted and the couple has divorced, then the condition upon which the visa was granted has ceased to exist and therefore the visa should be revoked. There are exceptions that allow for a Cr-1 visa to have the conditions lifted without the US Citizen Spouse’s consent (Most notably the violence against women act), but these situations are limited.

An IR1 visa does not have these conditions. In order to apply for this visa, the Thai-American couple must have been married for at least 2 years. If they meet this requirement then after obtaining the visa at the US Embassy in Thailand, then the Thai spouse will enter the US on an Ir-1 Visa which confers unconditional permanent residence from the moment the Thai spouse enters the United States.

The form necessary to obtain a CR-1 Visa is the I-130 petition. It should be filed with the USCIS office having jurisdiction over the area in which the US Citizen spouse resides. One of the reasons why a CR-1 Visa is sought over a K-3 in Thailand Visa is the fact that a K-3 Visa requires Adjustment of Status for a Thai wife. A Thai wife entering on a CR-1 Visa does not need to adjust her status in the USA, only obtain a lift of conditionality.

As with all US Immigration matters it is always wise to obtain the advice of a duly licensed US Immigration Attorney with experience dealing with US Immigration Law. Integrity Legal’s Managing Director is a licensed US Attorney and member of the American Immigration Lawyer’s Association. When seeking licensed a Immigration Lawyer AILA can be an invaluable resource.

Tags: Adjustment of Status, American Visa Thailand, Bangkok Lawyer, CR-1, CR-1 Visa Thailand, CR1 Visa, K1, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, Lift of Conditions, US Immigration Thailand, US Visa Thailand
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