Integrity Legal

Congress is set to end their recess soon and one of the important issues that will be on the legislative agenda is Comprehensive Immigration Reform. In the last Congressional session, this important legislation was sidelined by other important issues such as Health Care Reform and issues the impact of Americans upon the environment. To quote Immigration Impact: Comprehensive Immigration Reform (CIR), “has grown increasingly complex, partisan, and ideological, the chances of completing CIR legislation before 2009 ends further diminish. That’s not to say, however, that nothing is happening.”

One of the major obstacles in getting a Comprehensive Immigration Reform bill through Congress is the fact that it is, well…so…Comprehensive. What I mean to say is: Comprehensive Immigration Reform would require a complete overhaul of the Immigration system which impacts many political factions and such an overhaul is bound to have detractors and proponents of each facet effected.

For example, in the realm of United States Family immigration, there are some who believe that the minimum 6 to 7 month wait to bring a foreign fiancee or spouse to the United States is far too much time to wait. One proposed solution to this problem is: allowing non-immigrant dual intent family visa to be filed directly at the Embassy or Consulate overseas. The K1 visa and the K3 visa are dual intent non-immigrant visas which means that the visa holder can intend to both go to the US temporarily and simultaneously have the intent to remain long term.  Those entering the United States on one of these visas will eventually need to adjust status to permanent residence. At that time, the officers at the United States Citizenship and Immigration Service will adjudicate whether or not the applicant should be accorded lawful permanent resident status. The current Immigration situation begs the question: how does pre-authorizing K1 and K3 non-immigrants add value to the US Immigration Process? The system, at the very least, seems redundant.

A likely result of Comprehensive Immigration Reform will be a large backlog of cases involving undocumented aliens in the United States of America. The current resources used to pre-authorize K1 and K3 visas could be rediverted to adjudicating cases of undocumented aliens while those seeking K1 and K3 visas could begin filing directly with the United States Consular posts abroad. The argument that preapproval is necessary for Immigrant visas (such as the IR1 and CR1 visa) rings a bit more true since those entering the United States on this visa receive permanent residence upon entry.

Tags: CIR, Comprehensive Immigration Reform, CR1 Visa Thailand, Immigration Process, K1 Visa Thailand, K3 Visa Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

In a previous blog posting we discussed the K2 child visa which is a derivative visa of the K1 fiance visa. The K2 visa is intended for the unmarried minor children of K1 visa applicants. Both visas have an initial validity of 90 days, but if the K1 visa holder adjusts status, then the K2 visa holder can “piggyback” their application for adjustment onto that of their parent and obtain permanent residence as both a derivative and a step-child.

K3 visas operate in a similar manner as the K1 visa. K3 visas are non-immigrant visas that allow for dual intent. This means that the entrant can have non-immigrant as well immigrant intent at the time of entry in the United States of America. For those with children, the K4 visa is one way of bringing a K3 visa holder’s unmarried minor children to the United States. Like the K2 visa, the K4 visa mirrors the benefits of its parent category. Therefore, if a K3 visa is issued with a validity of 2 years (which has become the common practice), then the K4 will likely be issued with the same validity period. The K4 visa is also a multiple entry visa just like the K3.

The K3 visa category was created at a time when it was taking nearly three years to process regular I-130 visa applications for foreign spouses. It was created with the idea of providing an expedited non-immigrant visa alternative so that bi-national families could be reunited quickly. As the processing time for the I-130 has decreased, so too has the need for the K3.

For those who travel to the United States on a K3 or K4 visa, eventually the issue of adjustment of status will arise. As the K3 and K4 are non-immigrant visas, the holders must apply for a “green card” before being allowed to remain in the USA. K4 beneficiaries can “piggyback” their application for adjustment on their K3 parent’s application.

As stated previously, for most people the K3 visa, and therefore its K4 counterpart, is generally not the most optimum visa because it takes longer to process when compared to the K1 and it does not confer Permanent Residence as the CR1 or IR1 visa does. However, the K3 has its strategic benefits because it can allow the couple the opportunity to have more control over their case’s adjudication, because the statute specifies that the interview forum is based upon the location of the underlying marriage.

Tags: CR1 Visa, Dual Intent Doctrine, Fiance Visa Thailand, IR1 Visa, K1 Visa, K1 Visa Thailand, K2 Visa, k2 visa thailand, K3 Visa, K3 Visa Thailand, K4 Visa, K4 Visa Thailand, Marriage Visa Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand | No Comments »

Many people get married in Thailand each year. As a result, one of the most common questions received from clients and potential clients involves foreign recognition of a Thai marriage.  Thailand is not a common law system and therefore, the idea of common law marriage is not a concept upheld by courts in the Kingdom of Thailand. That being said, even though Thailand is a civil law system “customary or religious” marriages are still quite commonplace. This is probably due to the fact that marriage registration can be somewhat difficult, particularly for those who have never dealt with the Thai legal system and bureaucracy in the past.

In Thailand, marriages are registered at the local Amphur office. This office is kind of a combination of continual census taker and what in the American system is called a “court clerk.” The Amphur keeps records of the vital statistics of those living within that office’s jurisdiction. Therefore, the Amphur will record name changes, marriages, births, and deaths in Thailand. It is possible for two non-Thais to marry in Thailand. That being said, each office has their own internal protocol. Therefore, it may be wise to contact an attorney in order to assist with the Thai marriage registration process.

Once a Thai marriage is registered the question is: will the United States of America recognize the union. Put simply, yes. According to the website of the US Embassy Thailand, in cases involving marriages legalized in the Kingdom, “the United States does recognize the validity of such a marriage.” This is a critical question particularly in the context of USA visas. If a couple’s marriage is not recognized by the United States, then a visa application for a CR1 visa or a K3 marriage visa would likely be rejected because the couple does not meet the marriage requirement for visa issuance. Also, a couple who wishes to apply for a k1 fiance visa may create a situation where the application gets rejected because the couple got married in Thailand thinking it would not be recognized in the USA.  In that scenario, USCIS would be compelled to reject the application because the requirement is “intent to marry,” and not actual marriage.

One interesting side note regarding Thai marriage registration deals with prenuptial agreements. In Thailand, the prenuptial agreement is actually registered with the marriage and in a way is incorporated into the marital agreement at the time of registration at the Amphur. For more on this issue please see Thai prenuptial agreement

To sum up, marriages properly executed in Thailand will be viewed as valid in the United States and for purposes of obtaining a US visa or other Immigration benefits. Therefore, marriage in Thailand is not something that should be taken lightly. When thinking of entering into a marriage in Thailand keep in mind that the marriage will be treated just the same as if it had been conducted in the United States.

Tags: K1 Visa Thailand, K3 Visa Thailand, marriage in Thailand, Register a Thai marriage, Thai Marriage, Thailand Marriage Registration, US Visa Thailand
Posted in General Legal Information, K-3 Visa Thailand, K1 Visa Thailand, Thai Family Law, Thailand Marriage Registration, US Visa Thailand | 23 Comments »

The United States Citizenship and Immigration Service is preparing the unveiling of a newly designed webpage to replace the one currently found at www.USCIS.gov. United States President Barack Obama was quoted as saying

“In the next 90 days, USCIS will launch a vastly improved Web site that will, for the first time ever, allow applicants to get updates on their status of their applications via e-mail and text message and online.”

Apparently the new site will allow for case status updates to be sent to a person’s cell phone which would truly provide up-to-the-minute information. According to the American Immigration Lawyer’s Association website this revamp of the USCIS website is the result of culling information from in-depth focus groups tasked with reviewing the current USCIS website. Those participating in the focus groups spanned the spectrum from those with national and local cases pending to those visiting the United States.

At present, the United States Citizenship and Immigration Service website provides many features for those with cases pending and for those seeking information regarding Immigration to the United States. USCIS also offers e-filing of Immigration petitions for certain categories. At the current time, USCIS does not allow e-filing for most US Family Visa cases. Therefore, one cannot file for a K-1 visa, K-3 Visa, or CR-1 visa through the internet. The reason for the restriction of family visa submissions is likely due to the fact that many United States Family based petitions require proof of an existing bona fide relationship. Therefore, the documentation proving the bona fides of a relationship can be quite extensive and cannot easily be filed online.

It should always be borne in mind that USCIS is generally only phase one of the K1 visa process or the K3 visa process from Thailand. After USCIS adjudicates a petition they will send it on to the National Visa Center (NVC), NVC will determine which diplomatic post has jurisdiction over adjudicating the application (The US Embassy Thailand has jurisdiction over cases involving Thai nationals). The diplomatic post will conduct an visa interview and decide whether to approve the petition.

Of all the phases of the US Immigration process, generally the USCIS adjudication phase takes the longest because there is often a backlog of pending cases built up at the Service Center or lock box. Therefore, any improvements that USCIS can make in order to facilitate faster visa processing is always welcome.

(This is not legal advice. No Client-Lawyer relationship is formed from reading this posting.)

Tags: American Visa Thailand, K-1 Visa Process, K1 Visa Thailand, K3 Visa Thailand, US Immigration Process, US Visa Process, US Visa Thailand, USCIS
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For those seeking to obtain a USA Visa from Thailand, it is almost inevitable that the United States Citizenship and Immigration Service (USCIS) will be involved in the process. That being said, depending upon the visa being sought, USCIS may play less of a direct role in the initial process.

The United States Citizenship and Immigration Service has had an interesting recent history. Currently, the office is under the administrative jurisdiction of the Department of Homeland Security. USCIS former acronym was INS which stood for the Immigration and Naturalization Service. In the aftermath of  September 11, 2001 it was decided that the services provided by INS could be better facilitated under the aegis of the Department of Homeland Security and INS was folded into that agency. For a time, the United States Citizenship and Immigration Service was known simply as the Bureau of Citizenship and Immigration Services (BCIS), but the acronym and name was officially changed to the current form on October 13, 2004.

For Immigrant visas that confer either conditional or unconditional lawful permanent residence (Greencard) to an alien upon entry, USCIS will play a major role in adjudicating the I-130 visa application. In certain instances where the United States Citizen has been living in the Kingdom of Thailand for a specified period of time, it may be possible to locally file an I-130 application at the USCIS office in Bangkok. This procedure is sometimes mistakenly called “Direct Consular Filing,” but, in point of fact, this appellation is misapplied. A direct consular filing can only occur at a consular section when a United States consular officer at a US Embassy or Consulate General accepts a visa application that has not first been adjudicated by USCIS either in the United States or at an office abroad. In Thailand, it is very rare for a consular officer at the US Embassy in Bangkok or the Consulate General in Chiang Mai to accept a visa application directly because there is a large local USCIS office in Bangkok.

For those making a K-1 visa application, it will be necessary to file the application at a USCIS service Center in the United States. The United States Citizen petitioner’s residence will determine what service center should be used when submitting the initial application.  For those unfamiliar with the K-1 visa, it is a fiance visa designed to allow an American’s foreign fiance to come to the USA for the purpose of marriage.

For those making a K-3 visa application, the I-129f application must be sent to a USCIS service center and not the Chicago Lockbox. The K-3 visa was designed as an expedited marriage visa for spouses of American Citizens.

F-1 visa applications and J-1 visa applications are generally submitted directly to the United States Embassy with jurisdiction over the applicant’s place of residence. US Tourist Visa applications are also submitted directly to the US Embassy.

(This is intended for educational purposes only, it is not legal advice. For Legal advice about Immigration law, contact a visa lawyer. No attorney client relationship is created between the author and any reader of this piece.)

Tags: American Visa Thailand, Green Card, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, US Tourist Visa, US Visa Thailand, USA Visa Thailand, USCIS
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 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, USCIS | No Comments »

There are essentially three government agencies that have a hand in the US Visa process: the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), and the United States Department of State (the Department with jurisdiction over the US Embassies, Consulates, and Diplomatic Posts abroad). Of these three agencies, USCIS has the case in its possession for the longest period of time because the petition must be initially adjudicated by their officers.

Within the USCIS administrative structure there are two service centers that handle the adjudication of the K1 visa application and K3 visa application for fiancees of United States Citizens (in both cases, the actual application form is called the I-129f). The Services Centers are located in California and Vermont, respectively. They each have their own unique jurisdiction depending upon the residence of the petitioner.

Within the past few days, the USCIS service center in California issued a revised estimate regarding how long it is taking for adjudication of K-1 visa applications and K-3 visa applications. They are now estimating that it will take 5 months for the average visa petition to be adjudicated. This is compared to the previous estimate of 6 months.

As I have explained on this blog and to people in the past. This estimate tends to be quite conservative as we tend to see these petitions adjudicated by USCIS in a much more timely manner than this. That being siad, the prospective immigrant or sponsor should be aware that the petition must also pass through the National Visa Center (which generally processes I-129f petitions faster than Immigrant Visa petitions) and the US Embassy Bangkok.

K3 visas a re also different because one needs to take into account the underlying I-130 petition that acts as the foundation for the supplemental I-129f petition that garners an expedited visa.

At the back of everyone’s mind should be the idea that all time frames for visa obtainment are estimates only as many factors can be at play when a visa application is processing. The best advice is to plan for the worst, but hope for the best. It has been our experience that the US Embassy in Thailand works in a very efficient manner in an effort to get petitions adjudicated quickly. The USCIS service centers are generally the “bottleneck” where visa applications can get delayed.

(No aspect of this piece should be construed as legal advice because this post is written for educational and informational purposes only. No attorney-client relationship should be construed to exist between the author and reader of this post.)

Tags: American Visa Thailand, Department of State, K1 visa processing time, K1 Visa Thailand, K3 Visa processing time, K3 Visa Thailand, National Visa Center, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »

A question sometimes posed with regard to US Immigration from Thailand involves the possibility of a Thai fiancee or spouse eventually acquiring United States Citizenship by naturalization. Even in a case in which the couple in question is seeking a K-1 visa or a K-3 Visa (which are both non-immigrant visas) there still seems to be an underlying belief that eventually the immigrant fiancee or spouse will one day wish to acquire United States citizenship.

Many people wonder about the time and residency requirements for naturalization. In many cases the ability to read, speak, and write in the English language is a requirement and a general knowledge of the history and government of the United States is also mandatory.

As to the residency requirement, the United States Citizenship and Immigration Service (USCIS) stipulates that one must have been lawfully admitted to permanent residence in the United States in order to subsequently apply for citizenship. The USCIS website goes further and states:

“Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.”

To quote further from the USCIS website, in order to Naturalize as a United States Citizen one must meet the following eligibility requirements set forth under the Immigration and Nationality Act. Basically, the applicant must:

1. have resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
2. have been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant’s continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
3. have resided within a state or district for at least three months

Beyond these requirements the applicant must also show that they are of good character. Which is best indicated by an absence of criminal record. In cases where a child of an American Citizen is not eligible to acquire US citizenship at birth, naturalization technically occurs automatically upon the child’s entry into the United States on an Immigrant Visa.

Please note: that where the applicant for naturalization gained lawful permanent residence due to marriage to a United States Citizen, the time requirement for naturalization is 3 years of permanent residence and 18 months physical presence in the United States.

(This post is intended for general informational purposes only and should not be used as substantive legal advice. For more information please contact a licensed attorney. This post does not create a lawyer-client relationship between the person writing this post and those later reading it.)

Tags: Fiance Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, Marriage Visa Thailand, Naturalization, us visa lawyer thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration | Comments Off

The whole point of obtaining a K1 visa is to allow the Thai fiancee a 90 day visit after traveling to the United States in order to ultimately get married. Should the couple opt not to marry, then the Thai fiancee will need to depart the country before the 90 day visa validity expires.

For those couples applying for an Immigrant Spouse Visa (CR-1 or IR-1) or a K-3 Visa, the marriage should already have taken place as the legal marriage acts as the foundation upon which the visa application is based.

That being stated, unlike Thailand, where marriage registration is a uniform process that essentially involves a trip to the local Amphur office for execution, in America the marriage procedures differ depending upon the state. Also, some states require the couple obtain a marriage license and wait a statutorily prescribed period before marriage. For the convenience of those reading this blog, here is a state by state list of rules regarding US marriage.

One should bear in mind that upon marriage in the USA, the US Citizen should petition for adjustment of status for his new Thai wife.

For more about the above chart please click here

Please be advised that the above is an improper substitute for personal one-to-one legal advice from an attorney. No attorney client relationship is formed between the reader and the author.

Tags: American Visa Thailand, K-1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, Marriage, Marriage Registration, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration | No Comments »

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 »

Consular Processing: Visa Interview Preparation for a Thai Fiancee or Wife

One unique aspect of practicing United States Immigration law abroad is the ability to assist a foreign loved one with the US Embassy in Bangkok. Currently, the US Embassy’s policy states that no one other than the Thai applicant may be present for the visa interview at the Embassy on the day of the interview (this included the US Citizen spouse or Fiancee). Due to the fact that the foreign loved one will go through the interview process alone, the services of an immigration attorney can be very beneficial in preparing the foreign fiancee or spouse for the interview and giving the fiancee or spouse prior notification of Embassy procedure and what to expect. Depending on the category of US visa (K-1, K-3, or CR-1) different thresholds of proof will be required with regard to the bona fides of the relationship.

Interview preparation can be vital in facilitating a successful outcome at the United States Embassy, particularly in situations where the Thai fiancee or spouse has difficulty communicating in the English language or becomes easily nervous when dealing with government officials. That being said, many of a Thai fiancee’s fears regarding the Embassy can be laid to rest by a competent lawyer who can explain the situation and dispel any rumors or myths that a fiancee or wife has heard.

Assistance with 221 g Responses

Embassy officials are hard working individuals and at the Consular Service Section they process a large number of cases each year. Therefore, in the interests of speed and efficiency where there is a deficiency of documentation the consular officer will likely issue a 221 g denial. In many cases, fiancees or wives believe this to be a denial of the visa application and that the denial is final. In point of fact: 221g’s are denials, but they are denials pending further documentation. Therefore, if an applicant can cure the deficiency, then the visa will likely be issued. This is where retaining an attorney can be of great use. Currently, the US Embassy in Bangkok gives licensed American attorneys the privilege of presenting 221 (g) documentation on behalf of a visa applicant (the Embassy will not deal with visa agents or unlicensed so-called “lawyers”). This can be of great advantage particularly to the fiancee or spouse who does not live in Bangkok. By using an immigration attorney, it is generally unnecessary for the fiancee or spouse to return to Bangkok after the initial interview (this is not always the case, because consular officers can request that applicants return for a follow-up interview, as a practical matter, this rarely, if ever, happens).

Inadmissibility and Waiver

In cases where there exists a legal ground of inadmissibility, retaining an attorney is highly advisable particularly at the pre-interview phase. The reason for this is the fact that an attorney can prepare the waiver application in anticipation of the denial on a ground of inadmissibility. An I-601 application could be filed at virtually the same moment of denial. This would save time because the attorney is on the ground in real time and could interact with both the Embassy and the USCIS district office.

For more information, please see: US visa Thailand

(Nothing contained herein is an adequate substitute for a personal legal consultation. No Attorney-Client Relationship should be deemed to exist between author and reader.)

Tags: American Embassy Bangkok, American Visa Thailand, Fiancee Visa Thailand, I-601 Waiver, K1 Visa Thailand, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in Fiance 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 »