Integrity Legal

A happily uncommon issue that can arise in United States Immigration law is known as the “widows penalty.” The Widow’s penalty becomes an issue when the American Citizen Petitioner dies before the adjudication of a foreign spouse’s pending Immigration matter. For example, a widow of a United States Citizen could be penalized if her American spouse dies before the I-751 Petition to Remove the Conditions of Residence is adjudicated (also known as a “lift of conditions”). The logic underpinning the penalty is based upon the notion that the widow is no longer married to a United States Citizen and therefore cannot have conditions removed because the continuing marriage is the basis for removal of conditions. Currently, the United States courts are in the process of dealing with this issue and it would appear that there is an overwhelming feeling that the “widow’s penalty,” should be removed because it is somewhat inequitable.

In the recent case of Hanford v. Napolitano, a Texas Court held that the Widow of an American Citizen will be entitled to adjust status to permanent residence even if the American dies before adjudication provided the couple was lawfully married and there are no issues as to the bona fides of the relationship. To quote the court opinion:

“Under the plain language of the statute, Congress’s intent is clear: The Attorney General is precluded from adjusting the status of a non-immigrant except as a result of the marriage of the nonimmigrant to the very U.S. citizen who filed the petition in the first place to grant that alien’s nonimmigrant status. Situations such as Ms. Hanford’s meet the exemption. Plaintiff is entitled to adjustment of her legal status to that of permanent resident under the language of the statute because her legally filed application is a result of her marriage to the U.S. citizen who filed Form I-129F to obtain her nonimmigrant status.”

The Widow’s Penalty would seem to be falling by the wayside, but the law is not completely settled on the issue as some courts have differing rules regarding the adjudication of such cases. For those with a great deal of anxiety about their spouse’s ability to obtain an adjustment of status in the future, researching immigrant and non-immigrant visas may provide insight into the consequences of a US Citizen’s untimely death.  One major benefit of the Immigrant visa categories such as the IR1 visa and the CR1 visa is the fact that the foreign spouse enters the United States with lawful permanent residence upon entry. However, the processing time for these visas is considerably longer when compared with the K3 visa or the K1 visa.

Issues like this fully emphasize the reason why it may be imperative for an American to obtain licensed legal counsel for issues involving US visas. For more information about the importance of retaining licensed legal counsel, please see: How Can My Thai Fiancee Get US Citizenship?

Tags: Adjustment of Status, CR1 Visa, CR1 Visa Thailand, I-751, I751, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa, Widow's Penalty
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, USCIS | 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 »

On this website, there is a great deal of information regarding I-601 waivers and grounds of inadmissibility.  However, there are other situations where a foreign national can be barred from reentering the United States of America. For example, where an alien has been deported or removed from the United States, they are usually subject to a reentry ban for a statutorily specified period of time. If a foreign national has been previously deported or removed from the United States, then that person must submit an I-212 application to reapply for admission to the United States (also known as advance permission to reenter).

Deportation and removal are technically the same thing as the terms can be used interchangeably. That being said, forms of removal from the United States should be looked at on a kind of legal spectrum. What is commonly referred to as “Deportation” occurs after a finding by an Immigration Judge that a person should be removed from the United States of America. Another form of removal is known as “expedited removal” this commonly occurs at a port of entry in the United States where a Customs and Border Patrol (CBP) Officer finds that an applicant for admission is not fit for entry under one or more of the  provisions of the United States Immigration and Nationality Act. In many situations, a Border Patrol Officer will allow an applicant for admission to voluntarily withdraw their application and return to the point of origin. In this situation, which is akin to voluntary departure, the applicant’s US Immigration record is not adversely affected. However, it is within the officer’s discretion to place the alien in expedited deportation proceedings and thereby have them removed from the United States.

When an alien is removed from the United States through the use of expedited deportation, that alien is barred from reentering the United States without first receiving approval of the aforementioned statutorily mandated I-212 petition. These applications are somewhat similar to I-601 waivers in that the applicant must show something  like extreme hardship to a United States Citizen would occur if the application were denied and the applicant remained inadmissible.

Avoiding expedited deportation at a port of entry (and the consequences arising therefrom) is just another reason why visa seekers should apply for a visa which comports with their intent. One who is viewed as using a United States tourist visa improperly (hiding their intention to marry in the US and adjust status) could be placed in expedited deportation proceedings. If removed, then a great deal of time and resources would need to be expended to deal with the inadmissibility. Therefore, it is not only ethically incumbent upon all applicants to be honest in their immigration endeavors, but it is also practical because avoiding expedited deportation is a great benefit from a long term perspective.

For the above described reasons, those wishing to bring a Thai loved one to the United States for the purpose of marriage are encouraged to utilize a K1 visa for this purpose as a fiance visa is the appropriate travel document reflecting the couple’s true intentions. For those already married, a CR1 visa or a K 3 visa is preferable to a tourist visa if adjustment of status is the ultimate goal.

Tags: CBP, deportation, expedited removal, I-212, I-601, I212, I601, Inadmissibility, K1 Visa, K1 Visa Thailand, K3 Visa, removal, Tourist Visa, Waiver
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

Being denied for a visa to the United States of America is certainly not something that people researching the immigration process wish to think about. However, visa denials do occur and by understanding the reasons for denial it may allow prospective immigrants to make more informed decisions regarding their immigration strategy.

When it comes to American Family Immigration a common miscalculation involves applying for a US Tourist Visa on behalf of a foreign loved one. For example, if an American Citizen has a Thai fiancee and he attempts to assist in obtaining a US Tourist Visa for her, it will very likely result in a denial of the visa application. This is not due to some sort of malevolent feeling on the part of the United States Consular Officers, but it is rooted in American Immigration law.

It is probably best to simple quote the US Department of State website:

“Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

‘Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…’

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.”

Overcoming the presumption of immigrant intent has always been a somewhat major obstacle, but visa denials under this section of the law became more prevalent after the tragedy of September 11, 2001. After 9/11, there were some changes made in the way that non-immigrant visas were processed. A particularly critical change was the requirement that the applicant for a United States tourist visa be interviewed in person. This requirement, combined with increased scrutiny and heightened security concerns lead to more Tourist visa denials. In many cases, the denials were based upon section 214 (b) because the applicants failed to show that they were going to return to their home country, or, at the very least, leave the USA.

Where the foreign applicant is a loved one of a US Citizen, particularly where the Citizen primarily resides in the USA, it is unlikely that the tourist visa application will be approved unless that applicant can show sufficiently “strong ties,” to their home country. However, to forestall needlessly wasting of time and resources, it may be wise for a couple to look into the prospect of submitting a K1 visa application or seek to obtain a K3 visa. The K1 visa is a travel document which allows a temporary stay in the United States, but leaves room under the Doctrine of Dual Intent to allow for the visa holder to adjust status to US permanent residence.

Tags: 214 b, 214(b), 21b, immigrant intent, K1 Visa Thailand, K3 Visa, Tourist Visa Denial, Tourist Visa Denied, US Immigration Law, US Tourist Visa, us visa denial, US Visa Denied, US Visa Thailand
Posted in K-3 Visa Thailand, K1 Visa Thailand, US Tourist Visa, US Visa Thailand | No Comments »

For those entering the United States of America on a non-immigrant visa, there is generally a requirement that the entrant have non-immigrant intent. This means that the person entering the country must intend to simply remain on a temporary basis and not have the intention to reside in the United States permanently. United States Visas that require non-immigrant intent include the US Tourist Visa, the F1 Student Visa, and the J1 Exchange Visitor Visa. For each of these categories, the prospective entrant could be denied access to the United States either by visa denial or entry denial at the United States Embassy in Bangkok or the port of entry in the USA. Due to the risk of visa denial or entry denial, it is always recommended to apply for a visa that comports to the applicant’s true intentions.

Conversely, it may be unwise to apply for an immigrant visa if the parties true intentions do not actually involve residing in the United States. In this situation, the issue of intent is somewhat more fluid, but it is still advisable that the parties have a bona fide intention to reside in the USA.

With both of these issues in mind, there is something of a “middle path,” with regard to United States Immigration. This middle path is the doctrine of dual intent. This doctrine is a legal concept that deals with the fact that there are some cases where a US Visa must permit foreign nationals to be present temporarily in the United States of America in legal status and still have immigrant intent. The doctrine was promulgated due to practical necessity as there are situations in which aliens come to live and work in the USA on temporary visas, but they themselves wish to eventually obtain lawful permanent residence. United States Immigration authorities and experts have come to recognize that there are certain situations where this seemingly paradoxical situation must be accepted and, to a certain extent, encouraged.

An example of a commonly sought visa category in Thailand, is the K1 fiance visa. The K1 is a non-immigrant visa, but the alien entering the US on this visa is generally doing so in order to: reunite with their fiance(e), marry, and adjust status to permanent residence.  Therefore, the K1 visa is essentially a dual intent visa as it only allows for a 30 day temporary stay, but provides the opportunity to acquire US permanent residence.

To some extent, the K3 visa is a dual intent travel document as it is technically a non-immigrant visa, but once in the United States, the visa holder must eventually adjust status as the K3 does not confer lawful permanent residence. Usage of the K3 has declined in recent years as visa processing times have decreased for immigrant visas and increased slightly for K3 visas.

L1 visas as well as H1-B work visas are further examples of temporary visas which allow for dual intent. Although, these categories are employment based visas.

Tags: Dual Intent Doctrine, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Immigration Law, US Tourist Visa, US Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, L1 Visa, Legal Opinion, us embassy bangkok, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 2 Comments »

This blog has often compared and contrasted the difference between the Immigration procedures for obtainment of a US Visa and a Thai Visa. To further compare the two systems, this post will provide a brief overview of the financial requirements one must meet in order to obtain a visa to Thailand or the United States of America.

In order to sponsor a traveler to the United States, one must first decipher the type of visa the traveler will be using. In the case of Non-Immigrant visas (F1 student visa, J1 exchange visa, or B1 Business Visa) the applicant must be able to prove that they or their sponsor will be able to pay the expenses related to the trip. In the case of F1 and J1 visas, the applicant must show that they will also fully pay for their educational endeavors or their exchange program. In some cases, the J1 visitor must reimburse the public education system where they stay in order to obtain the J1 visa.

In the case of United States Immigrant IR1 and CR1 visas for family members from Thailand, the American Citizen must show that they meet the income or financial requirements in order to act as sponsor for their loved one. The basic concern of the Consular officer revolves around the notion that the Immigrant could become a “public charge,” if the American Citizen does not have the resources to pay for the foreign spouse. An I-864 affidavit of support is used to assist in determining if the American is capable of sponsorship.

The K1 visa is a combination of the non-immigrant and immigrant visas. That being said, an affidavit of support must be filled out by the American Citizen. The difference between the I-134 and I-864 is the fact that the I-864 is more legally binding with regard to the sponsor. If the foreign entrant ever becomes a ward of the state, then the sponsor could be forced to reimburse the American government for the expenses the foreign national incurs. The K3 visa, although a marriage visa, is technically a non-immigrant visa so the American Citizen must simply submit an I-134 affidavit of support.

In Thailand, there are certain Thai visa categories which require that the applicant show that they have some sort of financial safety net. Visas such as the Thai retirement visa and the Thailand O visa (based upon marriage), require the visa holder to continually prove that they either meet a prescribed minimum monthly income or have a certain amount of money in a Thai bank account.

For those applying for Thai visas outside of Thailand, certain consulates have differing financial requirements depending upon the visa category. Therefore, one wishing to obtain a Thai Business Visa may be required to show a minimum bank balance. The minimum financial requirement may vary from post to post.

The United States Embassy in Thailand, diligently scrutinizes the financial resources of those applicants wishing to obtain an American visa. Many people believe that there is some sort of magic numerical amount of money that if shown in a bank account will guarantee visa application approval. In reality, the Embassy looks at the “whole picture” when making decisions on US tourist visas and often simply having a large bank balance is not enough to obtain a tourist visa. Further, in cases where an American boyfriend tranfers a large amount of money into a Thai applicant’s bank account in an effort to “beef up” the applicant’s credentials, the Embassy can tell that the bank balance is artificially inflated and will likely deny the application. It is never wise to manufacture evidence in order to obtain a United States visa on behalf of another.

Tags: Affidavit of Support, B2 Visa, CR1 Visa, F1 Visa, Financial Requirement Immigration, I-134, I-864, I134, I864, Immigrant Visa, IR1 Visa, J1 visa, K1 Visa, K3 Visa, Thai Visa, Thailand Immigration, Thailand Visa, US Tourist Visa, US Visa Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

President Obama has recently been criticized by many members of the LGBT community for what appears to be a reversal of his campaign stance on same-sex rights.  Presently President Obama’s Justice Department is defending the Defense of Marriage Act (DOMA) in the US courts. However, President Obama has made statements claiming that while his administration is in the process of enforcing the provisions of DOMA, he is also working to have the law repealed. Apparently, President Obama is trying to apply pressure to Congress in order to make them repeal the Defense of Marriage Act. Mr. Obama was quoted in a speech as saying:

“I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination against same-sex couples in this country. Now, I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law.”

What are the Consequences on US Immigration if the Defense of Marriage Act is Repealed?

Should the Defense of Marriage Act be repealed, the upshot would be that the Federal government would recognize same-sex marriage. Therefore, US Immigration benefits would likely be conferred based upon a marital relationship. Thus, if a same sex couple enters into a valid marriage in a country like Belgium, then they could file an I-130 petition for a CR-1 visa based upon their relationship (under this hypothetical scenario, they could also file a supplemental visa application for a K3 visa).

In another hypothetical situation, the same couple are now unmarried, but they have a bona fide relationship and intend to marry in the United States in a jurisdiction that allows and recognizes same sex marriage (Massachusetts for example). This factual situation would likely allow that couple to file a visa application for a K-1 visa because the parties would meet the legal requirements imposed upon those wishing to obtain a US visa for a fiance.

It is currently uncertain whether Obama will successfully lead the charge to repeal the Defense of Marriage Act. What is certain is the fact that should the Defense of Marriage Act be repealed it will have a major impact on United States law and a crucial impact upon same sex immigration rights. If Obama is successful in repealing DOMA the upshot will likely be that the Uniting American Families Act (UAFA) will be rendered superfluous because same sex marriage would be included in the umbrella term “marriage” under current US Immigration law.

(Please not that the above information is for eductaional purposes only. No attorney-client relationship shall be inferred to be formed between the author and any readers of this post.)

Tags: CR1 Visa, DOMA, K1 Visa, K3 Visa, Obama, Same Sex Immigration, same sex visa, uafa, US Immigration, US Visa
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Upcoming Legislation, 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 »

Income Requirements for Fiance and Spouse Visa Sponsorship: 2009

In order to sponsor a Thai fiancee or wife for a visa to the USA, a US Citizen petitioner must prove that he can support the Thai applicant in such a manner that the Thai applicant will not become a burden to the state. Therefore, the US Citizen must present an affidavit of support proving an income that is deemed appropriate for supporting a Thai fiancee or wife. US Immigration policy dictates that in order to be able to support an immigrant one must produce an income that is 125% of the poverty level as set forth by US Housing and Human Services. Since Housing and Human Services constantly readjusts their definition of the poverty level, the requisite income required for immigrant sponsorship changes from year to year.

Below are the poverty figures for the 48 contiguous United States with calculation made for 125% of that figure:

Housing and Human Services has set a different standard for figuring the poverty level in Alaska, below is the poverty level for Alaska along with a calculation of 125% of that government defined monetary level.

Housing and Human Services also sets a different poverty line for Hawaii, below is the poverty guideline for Hawaii and a calculation of 125% of that guideline

It should be noted that active duty military need only show 100% of the federal poverty guidelines in order to be entitled to support an immigrant relative either entering on a K1 or immigrant visa.

For those with a deficiency in income (a more acute problem with prospective sponsors who are self employed) it may be possible to use a joint sponsor in order to make up the income shortfall. Another method of overcoming this obstacle is by using assets. For affidavit of support purposes, a prospective sponsor of a Thai fiancee or wife can make up the difference in income between what is actually earned and what is statutorily required by showing assets amounting to 5 times the difference between what a prospective sponsor earns and the legally required level. Therefore if a prospective sponsor falls $1,000 short of the required level, then he can show $5,000 in assets to make up that difference. US petitioners must submit the affidavit of support to the US Embassy in Thailand at the time of visa interview.

For more information please see

K1 visa Thailand

K3 visa Thailand

US visa Thailand

(Note: Nothing written herein should be regarded as a substitute for legal individual legal advice from a duly licensed US attorney. No attorney client privilege shall be inferred to have been created by reading this post.)

Tags: Affidavit of Support, CR-1 Visa, I-134, I-864, IR-1 Visa, K1 Visa, K3 Visa, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa Thailand | No Comments »

What is NVC?

The process for obtaining US Immigration benefits can be cumbersome at times,  but overall is generally smooth provided one understands the process or retains the services of an attorney with experience in immigration matters.

An often asked question regarding the visa process is: what is NVC and what do they do? NVC is an acronym that stands for National Visa Center. The National Visa Center is government office under the jurisdiction of the United States Department of State. NVC is located in Portsmouth, New Hampshire. The mandate of the National Visa Center is to process visa applications and ensure that visa petitions filed inside of the US for beneficiaries living abroad are transferred to the post with jurisdiction over the beneficiary’s home.

The National Visa Center is also responsible for collecting immigrant visa fees as well as certain documentation that will be needed in order for the consular officer to effectively adjudicate a US Visa application.

NVC processing: Non-Immigrant vs. Immigrant Visas

National Visa Center processing is more complicated and time consuming when it comes to US Immigrant Visas as opposed to Non-Immigrant visas. One of the activities that the National Visa Center routinely does is security clearances and background checks on those seeking to come to the United States. Since September 11, 2001 the National Visa Center has played an integral part in ensuring that visa applicants are properly screened in order to be assured that they do not pose a threat to United States security.

The National Visa Center (NVC) is sometimes confused with the NBC or National Benefits Center which is tasked by USCIS with maintaining processing pre-interview documentation for immigration interviews in the USA.

For those seeking to bring a Thai fiance to the United States on a K1 Visa, the processing at the National Visa Center will likely be faster than for those seeking to obtain an immigrant visa for their Thai loved one. This also holds true for the K3 Visa from Thailand for the supplemental I-129f petition. In any case, after the visa petition is approved by USCIS it is forwarded on to the National Visa Center and upon approval from that agency will be sent to the US Embassy or Consulate General.

Depending upon the caseload of the NVC at any given time it can take anywhere between 2 and 8 weeks to process a petition and forward it to a post abroad. However, this is merely an estimate and the processing time for all US agencies varies.

When filing a US Visa petition locally at USCIS in Bangkok, the National Visa Center does not enter into the process as the petition is forwarded literally across the street to the US Embassy in Bangkok.

(Note: Nothing in this document should be viewed as creating an Attorney-Client Relationship. Also, nothing written herein should be taken as a substitute for individualized legal advice from a licensed attorney.)

Tags: CR1 Visa, IR1 Visa, K1 Visa, K1 Visa Process, K3 Visa, National Visa Center, NVC, us embassy bangkok, US Visa Thailand
Posted in Fiance Visa Thailand, National Visa Center, US Visa and Immigration, US Visa Thailand | 3 Comments »