Integrity Legal

One of the more confusing aspects of US Immigration from the perspective of laypeople is deciphering all of the legalese that US Immigration attorneys use when writing about US visas. To clear up some of the confusion, this post defines some of the most used jargon so that the average reader researching American Immigration can better understand the subject matter.

USCIS: The Acronym for the United States Citizenship and Immigration Service. The government entity formerly known as the INS (Immigration and Naturalization Service). USCIS is the office that adjudicates petitions for immigration benefits.

K1 Visa: The K1 Visa is a Fiance Visa in that it allows the unmarried fiance of a US Citizen entry into the United States for 90 days for the sole purpose of marrying the US Citizen (who filed the petition for the visa) and adjusting status in the United States.

I-129f: The K1 visa application filed and adjudicated at a USCIS service center.

Immigrant Visas: Visas that confer permanent residence upon entry (in the context of this blog this term is used interchangeably with the terms IR-1 and CR-1)

IR-1 Visa: a visa that confers permanent residence upon entry to the USA of an immediate relative of a US Citizen (for the purpose of this blog the IR-1 is generally used to refer to a visa for Thai-American married couples who have been married for more than 2 years.)

CR-1 Visa: Conditional Resident Visa, a visa that confers conditional permanent residence to the visa holder (for the purposes of this blog this term is generally used for marriage visas in which the underlying marriage has lasted less than 2 years in duration).

I-130 petition: the application form for obtaining an Immigrant Visa. It is filed and adjudicated at USCIS.

K-3 Visa: a K-3 Visa is a non-immigrant marriage visa originally designed as an expedited marriage visa when the I-130 petition was taking as long as 3 years to process. It requires a dual filing, and underlying I-130 petition as well as a subsequent I-129f petition in order to obtain the expedited visa.

Direct Consular Filing: refers to the method of directly filing a visa petition with a consulate or Embassy in a foreign country. Sometimes the term “Direct Consular Filing” is used interchangeably with the term “local filing.”

Local Filing: Generally, for the purposes of this blog this term is used when describing the method of filing an immigration petition at the USCIS district office overseas (Specifically the USCIS Bangkok District Office).

Adjustment of Status: Adjustment of status or AOS is the procedure of converting a non-immigrant visa holder into Lawful permanent residence (Green Card holder).

Advance Parole: An immigration travel document that allows an alien, with an adjustment of status application pending, to leave the USA and still keep their status from being canceled upon departure from the USA. Advance parole is necessary where a fiance has entered the United States on a K1 Visa and subsequently leaves before an adjustment of status is complete.

Green Card: A colloquial term for the document proving lawful permanent residence.

United States: According to the Immigration and Nationality Act of the United States, the definition of United States, “when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.“

Reentry Permit: A permit needed for a Lawful Permanent Resident who wishes to remain outside of the USA for a prolonged period of time. The reentry permit is necessary in order to mitigate against the presumption of abandonment of adjustment of status when a permanent resident leaves the United States.

I-134 affidavit of support: the affidavit of support necessary for the K1 Fiance visa, this affidavit shows that the US Citizen will be able to support the fiancee at the statutorily prescribed level.

I-864 affidavit of support: the affidavit of support used in conjunction with the Immigrant Visas for showing that a US Citizen can support his wife at the statutorily prescribed level.

Joint Sponsor: A person who jointly sponsors a visa beneficiary should the US Citizen petitioner not meet the statutory requirements to sponsor a beneficiary on his own.

For more information on US Visas Generally please see USA Visa Thailand

Note: None of the above should be used in lieu of legal advice from a competent licensed attorney in the readers jurisdiction

Tags: Adjustment of Status, advance parole, CR-1 Visa, Green Card, I129f, I130, IR-1 Visa, K1 Visa, K3 Visa, US Visa Thailand, USCIS
Posted in US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »

What is Advance Parole?

It is an immigration travel document conferred by the USA.

Unlike a re-entry  permit, advance parole is granted to those who have yet to obtain lawful permanent resident status.  For the purposes of this post we will discuss advance parole with regard to the K1 Visa. Since the K1 Visa is a non-immigrant single entry visa  advance parole may be a necessity if one enters the United States and would like to subsequently leave after entry with permission to return upon the same visa. This is especially important in terms of adjustment of status. When a Thai spouse enters the USA on a K1 Visa she must adjust status in order to obtain lawful permanent residence (a “Green Card,” to use the colloquial term). Should she leave the US while the adjustment is still processing, her adjustment application will be canceled and the visa process will have to start all over again in order for her to re-enter the USA. Therefore, advance parole is a very important concept in terms of US Family Immigration. (Although a K-3 Visa is a non-immigrant visa it is a multiple entry visa so the issues of advance parole aren’t as important)

Advance Parole and US Possessions and Territories

In previous articles about advance parole, I have written about my hesitance to advise those in the USA on a K1 Visa to travel to certain possessions of the United States. I still renew this caution, but I believe some clarification of the travel issue can be found in the definition of “United States” found at 8 CFR Chapter 12 Subchapter 1 § 1101 (a) (38):

“The term “United States”, except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.”

This definition begs the question, “What about other possessions of the United States?”

Advance Parole Document

The United States is also in possession of : American Samoa, Palau, the Northern Marianas Islands, and the Marshall Islands. The United States is also in a compact of Free Association with the Federated States of Micronesia. It would appear from the definition of “United States,” provided in the Immigration and Nationality Act that one would need to obtain advance parole in order to travel to any of these minor US outlying possessions because they are not part of the United States for the purposes of the Immigration and Nationality Act.

I think it may be wise to look at issues of advance parole on a spectrum:

Travel within the 50 US States: No need for Advance Parole

Travel to Puerto Rico, the US Virgin Islands, or Guam after entry into the US on a K1 Visa: it would appear that one can travel to these possessions, but there may be an issue because these territories are not technically within the USA. I would strongly recommend against traveling to these locations (unless absolutely necessary and after consultation with a competent US visa lawyer in your jurisdiction)  until after the adjustment of status process is complete.

Travel to American Samoa, Palau, the Northern Marianas Islands, and the Marshall Islands: Pursuant to the INA’s definition of “United States” it would be highly inadvisable to travel to one of these places without first obtaining advance parole because these locations do not fall within the definition of “United States,” as the author reads it.

Travel to any other state not mentioned above: Advance parole a definite necessity.

Hopefully, this post has shed some light upon this subject, but as always, do not use any of the above as a substitute or in any way in lieu of legal advice from a competent licensed attorney with experience in US Immigration matters.

Tags: advance parole, Fiance Visa, Fiancee Visa, K1 Visa, us embassy bangkok, US Visa, us visa lawyer
Posted in US Visa and Immigration | 5 Comments »

The process of obtaining a US Visa from Thailand can be frustrating for some due to the fact that a great deal of both US and Thai government documents are necessary in order to obtain most American Visas. We will briefly discuss the time line for obtaining the US K1 Fiance Visa, K3 Marriage Visa, Conditional Resident Visa, and the Immediate Relative Visa based upon marriage. The Visa Journey can be a long process and many phases of it are “hurry up and wait,” in that there are long lulls in the process followed by burst of extreme activity where time is of the essence for meeting deadlines and getting an interview appointment.

The K1 Visa

The first step in the K1 Visa process is the filing of an I-129f fiancee visa application. This application is basically designed to confirm that the petitioner is indeed a US Citizen entitled to marry and has no criminal or immigration record that would conflict ith the provisions of the IMBRA. The USCIS will issue Notice of Action 1 which basically is an official receipt from the Immigration Service that they have obtained and will review the Petition. Should USCIS need more documentation, then they will issue an RFE (Request for Evidence), in this request they will explain what information is lacking and how the petitioner can prove up the petition.

After USCIS has adjudicated the petition, if they approve it, they will issue Notice of Action 2. This Notice informs the petitioner of the fact that the petition has been approved and it will be forwarded to the NVC (National Visa Center). The NVC will process the application and forward it to the correct Embassy for a Visa interview and adjudication by a consular officer.

At the interview the consular officer will review the petitioner’s I-134 Affidavit of Support as well as the Beneficiary’s documentation. Should the Consular officer request more information, then a 221(g) will be issued and the applicant will have 1 year to respond with the proper documentation. Upon approval the K1 Visa will be issued and the Beneficiary will need to enter the USA before the Visa expires.

Once the beneficiary enters the United States on a K1 Visa, she will have 90 days to get married and file for adjustment of status. If adjustment of status is approved then the beneficiary will be a lawful conditional permanent resident. After 2 years of lawful conditional permanent residence, the beneficiary withe the help of the US Citizen spouse will need to file for a lift of the conditionality of her visa. Once the conditions have been lifted then the beneficiary will be a lawful permanent resident of the Us without conditions.

Should the beneficiary wish to leave the USA while in K1 Status, then she would need to obtain advance parole. If she wishes to depart while in Lawful Permanent Resident Status, then it would be prudent to apply for and obtain a reentry permit.

IR-1 & CR-1 Visas based Upon Marriage

For either an IR-1 (Immediate Relative Visa) or CR-1 (Conditional Resident Visa), the same petition, the I-130, must be filed. At the time of the writing, USCIS is estimating that it takes approximately 6 months to adjudicate an I-130 petition. the process at USCIS is much the same in that both Notice of Action 1 & 2 will be issued and the file will be forwarded to the National Visa Center. Once there, it will undergo increased scrutiny than in the case of the K1 Visa and it generally takes longer for the file to be processed at NVC with an I-130 petition.

After it is processed by the NVC, it will be forwarded to the US Embassy in Bangkok, where the beneficiary must go through an interview before being granted a visa. Upon granting of the visa, the beneficiary will travel to the USA and upon entry will either be granted conditional permanent residence or lawful permanent residence without conditions. an IR-1 Visa confer permanent residence without conditions, but in order to qualify for this visa the couple must have been married for at least 2 years when the file the I-130 petition.

The K3 Marriage Visa

The K3 Visa was designed as an expedited marriage at a time when I-130 petitions were processing extermely slowly. At the time of this writing, the K3 Visa is currently processing at roughly the same rate as the I-130 petition. It is likely that filing a K3 petition will save the couple 6-8 weeks in visa processing. The major downside of the K3 is the fact that it does not confer the right to work in the USA, nor does it confer permanent residence upon entry. Adjustment of Status is necessary if a K3 holder wishes to become a permanent resident.

The K3 is a doubly filed visa petition in that one first files an I-130 petition and then an I-129f petition in order to obtain the K3 Visa. All aspects of the process are basically the same as mentioned above except for the fact that the 2 petitions are filed simultaneously and in this instance the I-129f petition is filed on behalf of a spouse rather than a fiancee.

Visas for Children of Prospective Immigrants

The Visa Journey for child immigrants is similar to that of their adult counterparts. Derivative Visas can be obtained for the children of K1 Visa seekers, K3 Visa Seekers and Immigrant Visas. In instances where a visa for a child is sought, the child will generally adjust status with their parent in order to become a permanent resident.

Tags: CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Immigration Thailand, US Marriage Visa, US Visa Thailand, visa journey
Posted in General Legal Information, Miscellaneous, Thailand Business, us embassy bangkok, US Visa and Immigration, US Visa Thailand | No Comments »

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
Posted in Thailand Visa, US Visa and Immigration | No Comments »

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
Posted in General Legal Information, Thailand Visa, US Visa and Immigration | No Comments »