Integrity Legal

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 »

The K3 Visa was designed as an expedited alternative to Immigrant Marriage visas such as the IR1 Visa and the CR1 Visa. At one time, it could take as long as 3 years to process a marriage visa petition, which is why Congress created the K-3 visa category. However, in recent years the need for the K-3 visa has been less acute when compared to the past as the current processing times for the aforementioned Immigrant marriage visas is about 11-12 months. When comparing this to the K3 visa processing time one can see that the K-3 visa is becoming less of a necessity.

With that in mind, the United States Department of State’s National Visa Center (NVC) recently made an important announcement with regard to K-3 visas, the following quote is from a State Department publication promulgated by the American Immigration Lawyers Association (AILA):

“Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.
The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage. If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.”

There are some who are likely asking themselves: What does this all mean? USCIS adjudicates all visa petitions and, upon approval, forwards them to the National Visa Center (NVC). NVC processes all K3 visa applications before they go to the Consulate or Embassy abroad (for those applications which are to be processed in Thailand, the NVC handles the application prior to receipt by the US Embassy Bangkok).

In essence, the NVC will no longer process K-3 visa applications if an Immigrant visa application is received by the NVC prior to, or at the same time as, a K3 application. As a practical matter, all K-3 petitions have an Immigrant visa counterpart. It is believed that, most of the time, the NVC receives these applications either in tandem or nearly simultaneously. There may be a few instances where a K-3 application will make it to NVC prior to the Immigrant visa application, but for the most part this is not the case. As a result, it is highly likely that the K-3 visa will no longer be available to those seeking marriage visa benefits because the Immigrant visa application will reach the NVC prior to, or at the same time as, the K-3 application.

Tags: CR-1 Visa, CR1 Visa, IR-1 Visa, IR1 Visa, K-3 Visa, K-3 Visa Thailand, K-3 Visas, K3 Visa, K3 Visa administratively closed, K3 Visa Thailand, K3 Visas, National Visa Center, NVC, US Visa, US Visa Thailand, US Visas, US visas Thailand
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K3 Visa, National Visa Center, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

For a more detailed look at the CR1 visa please see our main CR1 visa page at: CR1 visa Thailand. For information about US Immigration generally please see: US Visa Thailand.

The CR-1 Visa in 2010

As the new year begins this author would like to take this opportunity to look at the current method of processing a United States CR1 visa and also look at the future of the visa process in order to provide some insight to those thinking about submitting a visa application or petition in the future.

Currently, the United States Citizenship and Immigration Service (USCIS) estimates that it takes approximately 5 months months to come to a final decision regarding the disposition of an Immigrant CR-1 visa petition. This estimate measures the amount of time it generally takes from application submission until final decision. In the case of an approval, this estimate measures the amount of time it usually takes from the receipt date noted on Notice of Action 1 until the approval noted on Notice of Action 2. The prospective immigrant or the US petitioner should figure in more time for documentation compilation and delays due to the time the application will spend in transit.

Assuming petition approval, after the petition is adjudicated by USCIS it is sent to the National Visa Center (NVC). Unlike the K1 and K3 visa applications, the CR1 visa application will stay at the National Visa Center for an extended period of time due to the fact that NVC compiles a great deal of pertinent documentation which it then forwards on to the US Embassy. Many couples find this to be the most exasperating part of the US visa process because the National Visa Center can be a place where the application gets delayed.

After the National Visa Center forwards the case file to the United States Embassy, they will inform the applicant that it is time to prepare for the visa interview. The visa interview can inspire feelings of anxiety in the mind of the visa applicant as many are afraid that this phase of the process will be difficult. Many are under the mistaken impression that Consular Officers and Consulate Staff will try to undermine an applicant. In reality, the staff of the US Consulate is simply making an effort to conduct due diligence in an effort to ascertain whether or not the applicant has a genuine and bona fide intention to marry their American counterpart. Usually, the visa interview is a routine inquiry regarding the couple’s history.

Should the Consular Officer wish to review more documentation, they may issue a 221g refusal. This is simply a refusal to issue the visa without further documentation.

Should the visa application be approved, the applicant will be issued their visa shortly after the interview. The visa holder will then need to enter the Unted States within 6 months. Upon entry, the visa holder will be stamped into the US as a Lawful Permanent Resident. For those holding a CR-1 visa, their status will be Conditional Lawful Permanent resident util such time as an application for a lift of conditions is submitted and approved. After a lift of conditions is approved, the alien will be an unconditional lawful permanent resident in the USA.

Tags: CR-1 Visa, CR-1 Visa Thailand, CR1 Visa, CR1 Visa Thailand, Lift of Conditions, National Visa Center, Notice of Action 1, Notice of Action 2, US Visa, US Visa Thailand, USCIS, Visa Interview
Posted in CR1 Visa, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

For those interested in a detailed analysis of the K-3 Marriage visa please see: K3 visa Thailand. For general US Immigration information please see: US Visa Thailand.

K3 Visas in 2010

It is a new year in both Thailand and America and this author felt that this would provide a perfect opportunity to discuss the K3 visa and the obtainment process in 2010. At present, there is no reason to believe that the K3 visa process will dramatically change. That being said, Comprehensive Immigration Reform will likely be a major issue in the coming months and US Family Visas will probably be effected by any changes to the United States Immigration and Nationality Act (INA). Since any commentary regarding future changes to the process would simply be an exercise in speculation it may better to simply explain the current process and processing times in order to facilitate more informed decision making on the part of future applicants and petitioners.

Currently, the K3 visa application is submitted after the submission of an initial I-130 application. At present, the United States Citizenship and Immigration Service (USCIS) estimates that an I-129f application (the application that must be submitted in order to obtain a K3 visa) will be processed in approximately 5 months. This figure is slightly misleading as a K3 application requires that one include a copy of the Notice of Action 1 receipt for the initial I-130. It usually takes a minimum of one week after I-130 submission to receive a Notice of Action 1 receipt. Therefore, one should take this into consideration when making plans and timing calculations regarding the K3 visa for a Thai spouse.

K3 visas are processed through the National Visa Center in a manner similar to K1 visa applications. The application is then sent to the United States Embassy in Bangkok where the applicant (or their attorney of record) is notified that they can submit an application and request a visa interview.

The major difference between the K1 visa and the K3 visa is the fact that the K3 visa is a 2 year multiple entry visa where the K1 visa only provides the bearer with 90 days of lawful status in the United States. They are both dual intent visas in that they allow the bearer to have both non-immigrant and immigrant intent. This could be viewed as a benefit as it does not require the Consular Officer interviewing the applicant to analyze the applicant’s intentions through the prism of section 214b of the Immigration and Nationality Act. Section 214b is commonly cited by Consular Officers when denying applications for a US tourist visa or other non-immigrant visa categories.

Tags: dual intent, I-129f, I-129f Application, I-130, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 visa process, K-3 Visa Thailand, K1 Visa, K1 visa applications, K1 Visa Thailand, K3 Visa, K3 Visa Process, K3 Visa Thailand, National Visa Center, Notice of Action 1, us embassy bangkok
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Thailand, US Tourist Visa, 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 »

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 »