Integrity Legal

An integral component of the US visa process is the submission of an affidavit of support which attests to the US Citizen Petitioner’s ability to support a foreign fiance for a K1 visa or spouse for a CR1 Visa, IR1 Visa, or K3 Visa once they are in the United States. Usually, the Federal Poverty Guidelines are used as a basis for ascertaining the guidelines used by Consular Officers and USCIS officers to adjudicate the ability to provide support. In most cases, the Federal poverty guidelines are updated on a yearly basis, as of the time of this writing, the 2010 guidelines have not been published, per se. Instead, the US Congress has extended the guidelines from 2009. The following is quoted from the website of Housing and Human Services:

“Congress has taken action to keep the 2009 poverty guidelines in effect until at least March 31, 2010.

Congressional actions on this matter have been in response to a decrease in the annual average Consumer Price Index (CPI-U) for 2009, projected during 2009 and announced on January 15, 2010 (see http://www.bls.gov/news.release/archives/cpi_01152010.pdf, Table 1A). In the absence of legislative change, this decrease–the first since the poverty guidelines began to be issued in 1965–would have required HHS to issue 2010 poverty guidelines that were lower than the 2009 poverty guidelines; that would have led to the “reduction in eligibility” referred to in the Congressional explanatory language quoted below. Congress took several actions on this matter:

1. On December 19, 2009, Congress enacted and the President signed the Department of Defense Appropriations Act, 2010 (Pub. L. 111-118), which included a provision affecting the poverty guidelines. Section 1012 of this law (as originally enacted, before subsequent amendment) stated that:

Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not publish updated poverty guidelines for 2010 under section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) before March 1, 2010, and the poverty guidelines published under such section on January 23, 2009, shall remain in effect until updated poverty guidelines are published.

The Congressional Record (House) (December 16, 2009, p. H15370) provided the following explanation of this Congressional action in Pub. L. 111-118:

Section 1012 includes a provision to freeze the Department of Health and Human Services poverty guidelines at 2009 levels in order to prevent a reduction in eligibility for certain means-tested programs, including Medicaid, Supplemental Nutrition Assistance Program (SNAP), and child nutrition, through March 1, 2010.

A Federal Register notice about this initial extension of the 2009 poverty guidelines was published on January 22, 2010. (See Federal Register, Vol. 75, No. 14, January 22, 2010, pp. 3734-3735.)

2. On March 2, 2010, Congress enacted and the President signed the Temporary Extension Act of 2010 (Pub. L. 111-144), which included a provision affecting the poverty guidelines. Section 7 of this law amended Section 1012 of the Department of Defense Appropriations Act, 2010, by replacing “March 1, 2010” with “March 31, 2010”. The effect of this was to extend the 2009 poverty guidelines until at least March 31, 2010.”

The issue of one’s ability to provide support to a foreign national is extremely important. Currently, the Federal poverty guidelines appear to still be those of the year 2009 as there is no word that new guidelines will be promulgated. Therefore, those who have an interest in the current guidelines would be wise to keep checking up on this issue as we are due for either a new extension of the 2009 guidelines or a new set of guidelines for 2010.

For further information please see: K1 Visa Requirements.

Tags: Affidavit of Support, CR-1 Visa, CR-1 Visa Thailand, CR1 Visa, CR1 Visa Thailand, Federal Poverty Guidelines 2009, Federal Poverty Guidelines 2010, I-134, I-864, I134, I864, Income Requirements, K-1 Visa, K1 Visa, K1 visa requirements, K1 Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »

As we have previously discussed on this blog, the K1 visa (the category that is used to denote the US fiance visa) has a derivative counterpart that allows for the children of a foreign fiance or fiancee to travel to the United States with their parent. From a legal standpoint, there is nothing particularly interesting about this, but it does become interesting when holders of K2 Visas apply for adjustment of status in order to obtain United States Lawful Permanent Residence also referred to as a “Green Card.” Under the current rules, there is some question as to whether or not a K2 visa holder is allowed to adjust status after they turn 21 years of age. In a recent article posted on the Immigration Slip Opinion Blog, the author noted that issues surrounding K2 adjustment have yet to be fully addressed, but upcoming cases before the Board of Immigration Appeals (BIA) may clarify this vexing issue:

“‘Aging out’ issues: K-2 and CSPA

There are at least seven cases currently before the BIA that raise the question of whether Congress intended that a K-2 visa holder, admitted to the United States as the child of a fiancé(e) of a U.S. citizen, would become ineligible for adjustment of status upon turning 21. In briefs submitted as amici curiae, the American Immigration Council (Immigration Council) and AILA argue that such a result would produce absurd results and could not have been Congress’s intent. After all, the statute permits – and DHS practice allows – a child of a fiancée to enter the country on a K-2 visa up until his or her 21st birthday. In numerous cases, children enter with only a few days to spare before turning 21. Interpreting the statute as allowing these children to enter until age 21, but then also requiring that an adjustment be completed before they turn 21, is simply unreasonable. The only reasonable interpretation of the statute is that a K-2 child must be under 21 at admission but not at the time of adjustment. A recent favorable 10th Circuit decision doesn’t go quite this far, but should help convince the BIA that DHS is wrong. We have asked the BIA to schedule oral argument on this issue and to decide these cases together.”

This author has yet to be convinced of Congress’s original intent, but this issue is interesting and it will be fascinating to see how this issue plays out in the Immigration Courts. A favorable decision could lead to major benefits for children of the Thai fiancees of American Citizens.

For general information about US Immigration from Thailand please see: US Visa Thailand.

Tags: Adjustment of Status, Adjustment of Status K1 Visa, Adjustment of Status K2 Visa, Fiance Visa, Fiance Visa Thailand, Fiance Visas, K1 Visa, K1 Visa Thailand, K2 Visa, k2 visa thailand, US Fiance Visa, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | 25 Comments »

The issue of advance parole can be extremely important for those enter the United States on a K1 visa. A K1 visa is a US fiance visa that allows the fiance of a US Citizen to enter the United States for a period of 90 days in order to marry and apply for adjustment of status. Adjustment of Status is the process of acquiring Lawful Permanent Residence (Also Known as a “Green Card”). For those who are awaiting the approval of an adjustment application a sense of being in “limbo” can set in as the applicant does not yet have permanent residence and they cannot leave the United States without falling out of status and thereby, often inadvertently, causing the entire visa process to begin anew.

There is a way that a foreign national can keep from falling out of status and still leave the United States. If the foreign national petitions for, and obtains, advance parole, then they may leave the United States and preserve both their Fiance Visa and their adjustment application.

In the past, applications for advance parole were adjudicated by local USCIS offices. However, in a recent USCIS announcement distributed by AILA, this procedure is changing:

“WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Travel Document (Form I-131). The change of filing location is part of an overall effort to transition the intake of some USCIS forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By Centralizing form and fee intake to a Lockbox environment, the agency can provide customers with more efficient and effective initial processing of applications and fees.”

“Beginning March 19, 2010 applicants will file their applications at the USCIS Vermont Service Center or at one of the USCIS Lockbox facilities. Detailed guidance can be found in updated Form I-131 instructions page at www.uscis.gov.”

Many people may already be asking themselves: What if I inadvertently filed my advance parole application at the wrong location because I was unaware of the change? Luckily, USCIS is dealing with this internally, at least for now:

“The USCIS Service Centers will forward incorrectly filed Form I-131 applications to the USCIS Lockbox facilities for 30 days, until Monday, April 19, 2010. After April 19, 2010, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.”

Since USCIS will discontinue forwarding incorrectly filed applications, those seeking advance parole should carefully study this issue before submitting an application as failure to do so could cause delays in being granted permission to leave the USA and preserve one’s status.

For further information about American Immigration from Thailand please see: US Visa Thailand.

Tags: Adjustment of Status, advance parole, American Immigration Thailand, Fiance Visa, Fiance Visa Thailand, I-131, I131, K1 Visa, K1 Visa Thailand, US Fiance Visa, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

For many Thai-American couples a prenuptial agreement is an effective method of ensuring that bot parties understand the rights, obligations, and responsibilities that marriage entails. The US Embassy in Bangkok, Thailand issues a large number of visas to the fiancees and spouses of American Citizens. As this is the case, one of the ancillary issues regarding US Immigration involves prenuptial agreements as many couples opt to have a Thai Prenuptial Agreement signed prior to a marriage which is used as a basis for a K3 Visa or a CR1 Visa or they opt to have a prenuptial agreement drafted prior to a Thai fiancee’s departure to the USA on a US fiance visa (also known as a K1 visa). That being said, having a prenuptial agreement properly drafted is extremely important as failure to properly draft such an important document could lead to unforeseen problems down the road.

In previous posting on this blog, this author has discussed the importance of having a licensed US attorney act as a representative in US Immigration matters as “visa companies,” “visa agents” and fly by night operations claiming to be either lawyers, attorneys, or both cannot represent clients before the United States Citizenship and Immigration Service (USCIS). With regard to a Thai prenup, one should retain a licensed American attorney to draft a prenuptial agreement if for not other reason than the fact that they are trained in the working of United States law as well as the common law system in general. Unfortunately, those falsely claiming legal credentials are often drafting documents that are insufficient to ensure the security of one’s assets.

The obvious question that many people in Thailand have is: how can I be sure that the person drafting my prenuptial agreement is a lawyer? As with United States Immigration matters, the best way to verify an individual’s credentials is to ask for either a State Supreme Court License, a State Bar Association Membership Card, or a Federal license to practice law in a US Federal jurisdiction. After receiving the individual’s credentials, it may be necessary to check with the Supreme Court or Bar Association to be certain that the individual is an attorney in that jurisdiction.

Prenuptial Agreements are very important documents and they should be carefully drafted by someone with legal acumen. Entrusting something so important to those without credentials is a risky endeavor that will likely not be recognized until long after correspondence with the drafter has terminated.

For further information please see: Prenuptial Agreement Thailand.

Tags: CR1 Visa, CR1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, prenup, Prenuptial Agreement Attorney Thailand, Prenuptial Agreement Lawyer Thailand, prenuptial agreement Thailand, Thai prenup, Thai prenups, Thai prenuptial agreement, Thailand prenup, thailand prenuptial agreement, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, prenuptial agreement, Thai Family Law, Thailand Marriage Registration, Thailand Property, Thailand Real Estate, US Visa and Immigration, US Visa Thailand | 22 Comments »

In a few recent blog posts, this author has discussed the proposed fee increases for services offered at US Diplomatic and Consular Posts abroad. Apparently, the Department of State will be increasing the fees associated with Passport procurement. Also, those who wish to obtain new pages in their passport will no longer be able to have pages added free of charge. Finally, although on a slightly different topic, the fees for non-immigrant family based visas is to be raised as well. For those who are unfamiliar with the details of US Immigration the US Fiance Visa (also called the K1 visa) and the Non-Immigrant US Marriage visa (Also called a K3 Visa) are issued at American Embassies overseas.

The Department of State issued some statements in a supplement regarding the proposed rule that would increase the fees for Consular Services:

“The Department of State (“Department”) published two proposed rules in the Federal Register on December 14, 2009 (74 FR 66076, Public Notice 6851, RIN 1400-AC57), and on February 9, 2010 (75 FR 6321, Public Notice 6887, RIN 1400-AC58), proposing to amend sections of part 22 of Title 22 of the Code of Federal Regulations, the Schedule of Fees for Consular Services. The Department’s proposed rules solicited comments, and a number of comments requested additional detail on the Consular Services Cost of Service Study (CoSS) as well as time to comment on that detail. In response, the Department is providing the additional written detail below.”

The Department of State should be commended for taking the time to explain to the public the policy reasons for a fee increase. In many ways, a fee increase is periodically necessary as each US Embassy and/or US Consulate must serve the needs of the Americans using the post while at the same time stay within a budget. Balancing these two objectives can be difficult at times. The statement went further in describing the reasons behind the increase in fees, but used an analogy to make the point:

“Example: Imagine a government agency that has a single facility it uses to prepare and issue a single product–a driver’s license. In this simple scenario, every cost associated with that facility (the salaries of employees, the electricity to power the computer terminals, the cost of a blank driver’s license, etc.) can be attributed directly to the cost of producing that single item. If that agency wants to ensure that it is charging a “self- sustaining” price for driver’s licenses, it only has to divide its total costs for a given time period by an estimate of the number of driver’s licenses to be produced during that same time period.”

As this analogy points out, if an organization is just producing one product, then determining the cost of the product is relatively easy:

“However, if that agency issues multiple products (driver’s licenses, non-driver ID cards, etc.), has employees that work on other activities besides licenses (for example, accepting payment for traffic tickets), and operates out of multiple facilities it shares with other agencies, it becomes much more complex for the agency to determine exactly how much it costs to produce any single product. In those instances, the agency would need to know what percent of time its employees spend on each service and how much of its overhead (rent, utilities, facilities maintenance, etc.) are consumed in delivering each service to determine the cost of producing each of its various products–the driver’s license, the non-driver ID card, etc. Using an ABC model would allow the agency to develop those costs.”

Apparently, the Department of State, through use of modeling, has discovered the true cost of their services and is attempting  to adjust their fees accordingly. It remains to be seen how thee changes will impact expats and Americans using United States Consular Posts abroad. In Thailand, it is this author’s opinion, that this fee increase will have the biggest impact upon the American Citizen Services Unit of the US Embassy Bangkok and the US Consulate Chiang Mai as those respective units deal with issues like new passport issuance on a regular basis.

Tags: American Citizen Services, American Embassy Bangkok, American Embassy Thailand, Free Visa Pages, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Consulate Chiang Mai, US Consulate General Chiang Mai, US Embassy, us embassy bangkok, us embassy thailand, US Fiance Visa, US Marriage Visa, US Passport Fee Increase, US Visa Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Upcoming Legislation, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 7 Comments »

For regular readers of this blog, it is probably no surprise that some of the most recent USCIS Service Center processing time estimates are being put up as a courtesy to readers and the immigrant community at large. However, we have begun adding other visa category processing time estimates as there may be those in Thailand interested in either the L1 visa for intracompany transferees or the E2 visa for those trading in the United States under the US-Thai Treaty of Amity.

The following are the processing time estimates from the California Service Center as of January 31, 2010:

The following are the processing time estimates for the Vermont Service Center as of January 31, 2010:

Please note that these estimates are for USCIS processing only and do not include processing time for an application at the National Visa Center or at the US Embassy or US Consulate that will ultimately adjudicate a foreign national’s visa application. Please be advised that recent changes implemented by NVC may have a dramatic impact upon the overal K3 Visa process, but these policies should not effect the processing of a K1 visa.

For information about assisting a loved one with US visa obtainment please see: Thai Girlfriend Visa.

Tags: Amity Treaty, CR1 Visa, E2 Visa, E2 Visa Thailand, I-129f, I-130, IR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, L1 Visa, L1 Visa Thailand, Thai Girlfriend Visa, Treaty of Amity, US-Thai Treaty of Amity
Posted in Amity Treaty, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 9 Comments »

Many people contact this author in order to ask questions about the United States Immigration process. Sometimes, a question becomes so common that I feel the need to post an article about the subject on this blog. The question that has been recently posed with great frequency is: Can I get my Thai girlfriend to the United States on a US tourist visa? Strictly speaking, yes, but this answer needs to be highly qualified. Anyone who is approved for a US tourist visa can go to the United States and request admission, but obtaining approval of a US tourist visa application can be difficult for the boyfriend or girlfriend of an American Citizen. The difficulty arises under the provisions of the United States Immigration and Nationality Act.

Pursuant to Section 214(b) of the United States Immigration and Nationality Act a Consular Officer at a United States Embassy or United States Consulate-General is required to make a presumption that a non-immigrant visa applicant is actually an intending immigrant unless they can prove otherwise. This, in turn, leads to a factual analysis by the Consular Officer. The Consular Officer must believe that the applicant has “strong ties” to their home country, or any other country outside of the USA, and “weak ties” to the United States. In many cases, the mere existence of a US Citizen boyfriend or girlfriend will mitigate against any “strong ties” abroad and lead to a visa denial under section 214(b). This reasoning on the part of US Embassy personnel should not be misconstrued as a personal denial. Instead, the officer is legally compelled to deny a tourist visa application if the applicant cannot overcome the presumption imposed by section 214(b).

Many people then ask the question: can this visa denial be appealed? No, although an applicant may ask for a tourist visa application to be reopened. That being said, in virtually all cases, the denial will be upheld. A Consular Officer’s factual findings are not subject to appeal based upon the doctrine of Consular Absolutism. However, a legal finding may be subject to reversal. With that in mind, one should recognize that a visa denial under section 214(b) is a factual determination and therefore not generally subject to reversal.

If a couple truly has a bona fide intention to marry in the USA and apply for adjustment of status, then a tourist visa is really not the correct travel document as it specifically precludes immigrant intent (unlike a dual intent travel document such as a K1 visa or an L1 visa). Therefore, if the couple wishes to marry and adjust status, then a Fiance Visa is a more appropriate travel document. However, the couple must have a truly bona fide intention to marry and not simply a pretextual intention in order to pursue US Immigration benefits.

For further information for about visas in general and the complex issues surrounding family based petitions please see: US Visa Thai Girlfriend.

Tags: Fiance Visa, Fiancee Visa, K-1 Visa, K1 Visa, K1 Visa Thai Girfriend, K1 Visa Thailand, Thai Girlfriend Visa, US Tourist Visa Thailand, US Visa Denial Thailand, US visa denied Thai girlfriend, US Visa For Thai, US Visa Thai Girlfriend, US Visa Thailand, visa denial Thai girlfriend
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 6 Comments »

There are many people of all nationalities who submit applications for a US Tourist Visa at the US Embassy Thailand. Although these applications are quite common, they are becoming increasingly subject to denial pursuant to section 214(b) of the United States Citizenship and Nationality Act. This provision basically requires that the Consular Officer make a presumption that the tourist visa applicant is an undisclosed immigrant unless the applicant can provide strong evidence to the contrary. This creates the “strong ties” vs. “weak ties” analysis which requires that the applicant show “strong ties” to a country outside of the United States and “weak ties” to the USA. This can be a very problematic provision especially for those Americans who wish to bring a Thai significant other back to the US.

The existence of an American Citizen boyfriend can be very detrimental for a Thai’s B2 visa application (or any non-immigrant visa application for that matter ex: F-1 visa, J-1 visa, B-1 visa, etc). The detriment arises from the fact that the applicant has a primary relationship with an American and therefore could be construed to have a “strong tie” to the USA. Some couples try to get around this problem by “not mentioning” the existence of a relationship with an American. This is not a good idea, in this author’s opinion, because any dishonesty, even dishonesty by omission, is unethical and could be viewed by the Embassy and/or Consulate as an attempt to defraud the US government. For an American Citizen, a finding of fraud and misrepresentation could lead to penalties, but such a finding could have a highly negative impact upon the applicant’s chances of ever obtaining a US visa in the future as fraud and misrepresentation is considered a legal grounds of inadmissibility to the USA that would likely only be remedied upon the approval of an I601 waiver.

However, the DS-156 form that is used to apply for a US tourist visa does not ask “do you have an American boyfriend/girlfriend?” Instead the forms asks:

“Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? Mark YES or NO and indicate that person’s status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.)”

The form then allows the applicant to note family relationships, including “fiance/fiancee.” The reason this is being discussed is due to the fact that the rest of the form’s questions can be relatively easily answered. For example,  one can say with near certainty if they have a US Citizen husband, but “fiance” is another, more opaque, concept. Defining “fiance” is difficult as relationships, prior to marriage, are fairly fluid from a legal standpoint. In this author’s opinion, if the applicant has a romantic relationship with an American Citizen, then this fact should be disclosed to the Consular Officers either in writing or at the visa interview, but if there is any inkling that marriage and adjustment of status may be a possibility, then it may be better to forgo an attempt at a tourist visa, as this is not really the proper travel document, and submit a petition for a K1 visa.

For further information, please see: US Visa Thailand.

Tags: B-2 Visa, B-2 Visa Thailand, B2 Visa, B2 Visa Thailand, Fiance Visa Thailand, Fraud and Misrepresentation, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, US Tourist Visa, US Tourist Visa Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

In a few previous posts of this blog we discussed the current posture of the K3 visa process. At present, K3 visa processing is becoming increasingly erratic as the National Visa Center will no longer process I-129f petitions for K3 visas if the underlying I-130 application arrives before, or at the same time as, the I-129f. It is a credit to the United States Citizenship and Immigration Service’s (USCIS) diligence that they are processing I-129f applications as well as I-130 applications in a quick and efficient manner. However, for those looking for expedited marriage visa benefits this efficiency could end up creating an unwanted situation.

The National Visa Center has stated that they will “administratively close” aforementioned I-129f applications. This could lead to a difficult situation for those couples who specifically got married in a jurisdiction in order to process the foreign spouse’s visa application in that jurisdiction’s US Embassy. Under the provisions of the statute creating the K3 Visa, the visa must be processed by the Embassy in the country where the marriage took place. This allowed many couples to “Forum Shop” for the country where they wished the process their visa. For example, if a couple wished to process a visa application in Italy, they could ensure that the K3 visa application would be processed in Italy simply by getting married in Italy.

Now, because the future of the K3 Visa remains uncertain, there is a distinct possibility that visa interview “forum shopping” will become a thing of the past. That being said, Immigrant visa applications for documents such as the CR1 visa and the IR1 visa could be sent to the foreign spouse’s country of Nationality as Embassies and Consulates only process third country nationals as a courtesy and if inconvenient will send the application to the Post that must process the application.

Hopefully, these recent changes will not result in problems, but it remains to be seen if this will be the case. That being said, so long as the United States Citizenship and Immigration Service continues to process the I-130 in such a quick manner, it remains likely that the National Visa Center will continue closing K3 cases and thereby forestalling the aforementioned practice of forum shopping. For those foreign fiancees in countries such as Burma (Myanmar) or Cambodia this change in policy could cause hardships as both of these countries’ bureaucracies can make it extremely difficult for a native born woman to marry an American man.

For information about how NVC policy may affect fiance visa processing please see: K1 visa.

Tags: administrative closing, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, I-129f, I-130, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, National Visa Center, USCIS
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, National Visa Center, US Visa and Immigration, US Visa Thailand | 2 Comments »

Since the recent worldwide economic downturn the global tourism industry has suffered a great deal. Much can be attributed to the fact that people have less disposable income, but others are of the opinion that increased promotion may be the key to dealing with this issue. In the United States, the government and business leaders have devised a plan to promote more travel to the USA. To quote a recent posting on CNN’s website:

“President Obama signed legislation into law Thursday to create the United States’ first national travel promotion program…The act will create a nonprofit Corporation for Travel Promotion that will promote the United States as a travel destination and explain travel and security policies to international visitors…”

One aspect of the new program that is stirring up some resentment is the addition of a $10 fee that much be paid by those wishing to enter the United States on the visa waiver program (not to be confused with an I-601 waiver of inadmissibility):

“A $10 fee charged to visitors from countries included in the Visa Waiver Program will partially fund the public-private organization. These visitors will pay the fee every two years when they register online using the Department of Homeland Security’s Electronic System for Travel Authorization…”

As readers may recall, The Electronic System For Travel Authorization (ESTA) is used by those who wish to seek entry into the USA on a visa waiver. This system pre-screens foreign entrants for security purposes. As mentioned previously, tourism around the world is declining, but this program may provide stimulus to this sector of the US economy:

“Despite strong global growth in long-haul international travel between 2000 and 2008, the U.S. welcomed 633,000 fewer overseas visitors in 2008 than it did in 2000, according to figures from the U.S. Department of Commerce. Oxford Economics, an economic consulting and forecasting company, estimates a well-executed promotional program would draw 1.6 million new international visitors annually and generate $4 billion in new visitor spending.”

It remains to be seen how this program will work, but certainly encouragement of tourism is necessary. However, some have questioned how requiring a new fee for travel to the United States will encourage tourism. This is certainly a valid point as increased restrictions on travel for so-called “visa waiver countries” may be one of the reasons behind decreased tourism. There are those who have called ESTA a new type of visa and now that there is a charge for the service it is beginning to become a sort of online visa. That being said, balancing security and economic concerns is difficult.

This new law will likely have very little impact for those from Thailand as Thai nationals do not enjoy “visa waiver” privileges. For this reason Thai nationals must apply for a US tourist visa if they wish to enter the US for recreational purposes. Further, Thais wishing to travel to the US to be with a fiance or spouse must apply for either a K1 visa or a US marriage visa before they will be able to be lawfully admitted.

Tags: Electronic System for Travel Authorization, ESTA, I-601, I-601 Waiver, I-601 Waiver Thailand, I601, I601 Waiver, I601 waiver Thailand, K-1 Visa, K1 Visa, K1 Visa Thailand, US Marriage Visa, US Marriage Visa Thailand, US Tourist Visa, US Tourist Visa Thailand, US Visa, US Visa Waiver Program, Visa Waiver, Visa Waiver Program
Posted in K1 Visa, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, US Warrants | 1 Comment »