Integrity Legal

For those who are interested in learning about the details of tourist visas from Thailand please see our main page at: US tourist visa Thailand. For those who would like to see information about all aspects of American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The United States B-2 Tourist Visa in 2010

In 2010, it is this author’s opinion that the B2 visa process will remain largely the same as it was in 2009. However, a brief comparison of the current B2 visa process with that of  the year 2000 could be revealing. In 2000, it was still possible to obtain a United States tourist visa through the mail. At that time, interviews were not required in certain situations if the applicant met some pre-conditions. There is anecdotal evidence which suggests that the US tourist visa application approval rate was higher prior to the introduction of the rule that there must be visa interviews for all non-immigrant visa applicants.

At the present time, an American tourist visa applicant can apply for a US Visitor Visa at either the US Embassy in Bangkok or the US Consulate-General in Chiang Mai provided the applicant resides in the Consular District. Unfortunately, this category is often sought by those who probably should not be seeking a tourist visa. This is particularly the case when it comes to Thai fiancees or girlfriends. In many cases, American citizens encourage their Thai fiancees and/or girlfriends to apply for a US tourist visa because it is a less time consuming process when compared to the application process for a K1 fiance visa. That being said, it is not an appropriate visa for those who intend to apply for adjustment of status in the United States. This is due to the fact that the US tourist visa is not a dual intent travel document meaning that the applicant must have true non-immigrant intent when he or she submits a tourist visa application. Lying about one’s intentions on a Department of State application form could lead to serious civil and criminal penalties as such activity could be construed as visa fraud. Further, one who has been found to be presenting a fraudulent visa application could be found inadmissible to the United States and barred from entering for a statutorily prescribed period of time. For those who wish to bring their loved one to the US, it may be wise to look into a K1, K3, or CR1 visa.

Even those with bona fide non-immigrant intent must still overcome the presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. One must prove that they have strong ties to Thailand (or any other country besides the US) and weak ties to the USA before a Consular Officer will approve a B2 visa application.

Tags: American Embassy Bangkok, American Embassy Thailand, B-2 Visa, B-2 Visa Thailand, B2 Visa, B2 Visa Thailand, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 3 Comments »

In a previous post on this blog this author brought up the fact that the Department of State is raising the fees for non-immigrant visas such as the US Tourist Visa, the Exchange Visitor Visa, and the US Student Visa. However, it was not clear just how this proposed fee increase would effect other types of US visas. The Department of State recently promulgated a press release discussing the impact of the proposed rule change. This author came by this press release thanks to AILA. To quote this press release:

“Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140.

Applicants for petition-based visas would pay an application fee of $150. These categories include:

H visa for temporary workers and trainees
L visa for intracompany transferees
O visa for aliens with extraordinary ability
P visa for athletes, artists and entertainers
Q visa for international cultural exchange visitors
R visa for religious occupations

The application fee for K visas for fiancé(e)s of U.S. citizens would be $350. The fee for E visas for treaty-traders and treaty-investors would be $390. The Department will not begin collecting the new proposed fees until it considers
public comments and publishes a final rule.”

This author added the above italics for emphasis because this is a substantial fee increase compared to the current amount that must be paid in connection with K visas. At the time of this writing, the Consular processing fee paid at the US Embassy in Bangkok or the US Consulate in Chiang Mai is $131. The proposed rule would increase this fee to $350. The US State Department has noted that the increase in fees is necessary because the K1 visa and the K3 visa require more diligent adjudication on the part of Consular Officers. This author would generally agree with this statement as it has been his opinion that Consular Officers diligently investigate and judge these petitions in an effort to provide a fair, thorough, and efficient adjudication. That being said, this fee increase will probably have a major impact upon those who have already filed for K1 and K3 visa benefits. Hopefully, these fee increases will come into effect after a grace period whereby those who filed before the fee increase will be able to enjoy the previously lower fee while new applications will have the fee increase phased in. However, the logistics of this proposal may be cost prohibitive as keeping track of previously filed cases could be highly labor intensive.

For more information on this and other US Immigration matters please see: US Visa Thailand.

Tags: AILA, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, B1 visa, B2 Visa, Consular Processing, DOS, Exchange Visitor Visa, F1 Visa, J1 visa, K1 Visa, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US Student Visa, US Tourist Visa, US Visa, US Visa Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

The United States Department of State is tasked with overseeing the efficient operation of US Embassies and Consulates abroad. Often, State Department headquarters issues instructions to posts abroad using official cables. In US Immigration circles there is a well known cable called “99 State,” otherwise known as 99 State 21138. This cable lays out guidelines for Consular Officers with regard to United States Immigration Attorneys.

The first notable policy outlined in the Cable deals with the relationship between Immigration attorneys and Consular Officers:

“The relationship between consular officers and immigration attorneys can be productive. Consular officers can often learn a great deal from a conscientious attorney, and vice versa.”

There is no doubt in this author’s mind that this is true. Consular officers provide a great deal of assistance when processing visa applications. More than anything, they can provide insight into the underlying policy reasons behind failure to issue a visa. In many cases, the reason for delay is due to a failure to provide pertinent information that the client did not believe was necessary to adjudicate the petition.

The Cable goes further:

“Consular officers should not pass judgment on applicants who choose to employ the services of an attorney. Some people are more comfortable working through an attorney no matter how straightforward or simple the visa case may appear to the consular officer.”

This is one section of the cable that Consular Officers seem to have taken to heart. This author has never felt that Consular Officers look askance at applications where the petitioner or beneficiary has retained an attorney to assist in preparation. With regard to case preparation, the Cable goes further:

“One important service that attorneys provide to their clients is making sure that forms are correctly completed and necessary supporting documentation presented at the time of the interview.”

Consular Officers are required to adjudicate petitions and, if the petitions receive approval, issue visas. In this author’s experience their primary goal seems to be efficient processing of bona fide petitions. Immigration attorneys can enhance the process through documentation compilation and foreknowledge of relevant issues. Those issues that may effect the outcome of a case can be dealt with in such a way that case processing proceeds smoothly. In many ways the Consulate forestalls unforeseen delays through promulgation of consistent rules:

“Posts that establish clear and consistent procedures for responding to attorney inquiries save time and resources in the long run. As with Congressional correspondence, the fuller the explanation of a refusal or a 221(g) decision, the more you will help yourself.”

It has been this author’s experience that Consular staff are very upfront about what they are seeking in a given case. Further, the role of an attorney is clearly defined by the US Embassy Thailand as no one is allowed to be present during the visa interview, this includes American fiances and husbands in K1 visa and K3 visa cases. This being said, attorneys are currently permitted to submit 221(g) follow-up documentation where necessary.

In the years since the distribution of “99 State,” it is this author’s opinion that Consular Officer-Immigration attorney relations are professional, efficient, and cordial and there is no reason to believe that this will not continue to be the case.

Tags: 99 State, Consular Officer, Consulate, Immigration attorney, Immigration attorney Bangkok, Immigration attorney Thailand, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, us embassy bangkok, us embassy thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 26 Comments »

There is some misunderstanding as to an attorney’s role at the Consular processing phase of the US visa process. The Consular processing phase is usually the final visa processing phase as it usually culminates in the issuance of a US visa. In cases involving legal grounds of inadmissibility this may not be the case (as such cases require the extra step of obtaining an I601 waiver), but in a routine family visa application, such as an application for a CR1, K3, or K1 visa, the visa is generally issued soon after the Embassy interview.

Many are under the mistaken impression that an attorney can be present at the visa interview. Although this may be true at some posts, the US Embassy in Bangkok does not permit this practice. Under the provisions of the Foreign Affairs Manual (FAM), US Embassies and Consulates are entitled to set policy regarding attorney representation at the post:

“Each post has the discretion to establish its own policies regarding the extent to which attorneys and other representatives may have physical access to the Consulate or attend visa interviews, taking into consideration such factors as a particular consulate’s physical layout and any space limitations or special security concerns. Whatever policies are set must be consistent and applied equally to all.” [9 FAM 40.4 N12.4]

Although a post has wide discretion with regard to presence therein, the post is required to notify the attorney of record regarding the ultimate status of the application:

“The post must send a notification of the action taken at the time of the final immigrant visa appointment to the applicant’s attorney of record on a locally reproduced nonstandard form letter… If the immigrant visa is refused, you must hand a copy of the refusal letter, and a copy of Form OF-194, The Foreign Service of the United States of America Refusal Worksheet, attached to the form letter to the alien (making sure that the refusal worksheet is retained in the applicant’s visa file).” [9 FAM 40.4 N12.2]

The Foreign Affairs manual goes further by permitting direct correspondence between attorneys and Consular Officers:

“You may correspond directly with the applicant’s representative of record, even in cases where the applicant is physically present in the United States, unless the applicant requests otherwise.” [9 FAM 40.4 N12.1]

Importantly, the Foreign Affairs Manual requires that an attorney licensed in the US, but practicing abroad, be accorded those same courtesies granted to attorneys practicing in the USA:

“You must extend to a U.S. attorney who has been practicing abroad and is a member of a State bar association or to a local attorney-at-law, the same courtesies in correspondence that are extended to an attorney practicing in the United States…” [9 FAM 40.4 N12.3]

In this author’s experience, the US Embassy in Bangkok, Thailand diligently adheres to the rules in the Foreign Affairs Manual while exercising reasonable discretion in order to efficiently process a very large caseload. Although not permitted to be present at the visa interview, a US visa lawyer in Thailand can provide a great deal of insight into the final phases of the US visa process.

For more information on the Foreign Affairs Manual please see the US Department of State Website by clicking here.

Tags: CR1 Visa Thailand, FAM, Foreign Affairs Manual, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Lawyer Thailand, us visa lawyer thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

The United States Citizenship and Immigration Service (USCIS) routinely issues updates regarding the processing time estimates for cases submitted at USCIS Service Centers in the United States of America. Since this website is dedicated to United States Family visas such as the CR1 visa, IR1 visa, K1 visa, and K3 visa; we have only displayed the processing times for the service centers which process these applications. For more information please see the new USCIS website.

The following are the processing times for the USCIS California Service Center as of September 30, 2009:

The following are the processing times for the USCIS Vermont Service Center as of September 30, 2009:

It should be noted that these processing times are only estimates and every Immigration petition is unique in that it processes at its own pace. Further, these processing times are only relevant with regard to USCIS. The US Embassy in Bangkok and the US Consulate in Chiang Mai process applications after they have received USCIS pre-approval.

Tags: American Embassy Bangkok, American Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Processing Times, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Processing Times, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The Department of Homeland Security is a vast bureaucracy with many different components. The Ombudsman’s office can be very helpful for those who have had a file go missing or otherwise need assistance in dealing with the United States Citizenship and Immigration Service (USCIS). Recently, Secretary Napolitano of Homeland Security appointed a new Ombudsman. The American Immigration Lawyers Association (AILA), noted the appointment in a recent press release:

“In a message to employees yesterday afternoon, Secretary Napolitano announced the appointment of January Contreras as Citizenship and Immigration Services (CIS) Ombudsman for the Department of Homeland Security.”

Secretary Napolitano was quoted as saying that the new Ombudsman has “valuable experience,” which will assist in her future endeavors. To further quote the above press release:

“Ms. Contreras previously served as a Senior Advisor to Secretary Napolitano, where she helped lead the Department’s response to the H1N1 flu and oversaw Department initiatives for the White House Council on Women and Girls. She formerly led the Arizona Department of Health Services, managing nearly 2,000 employees and overseeing the state’s public health and behavioral health systems. In addition, she has 10 years of experience in litigation and policy including health and its interaction with immigration policy and legislation.”

The aforementioned press release also noted the exact nature of the USCIS Ombudsman’s role:

“The CIS Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.”

Contacting the USCIS Ombudsman’s office can be very beneficial for those with a pending K1 visa or K3 visa application. However, the office should not be contacted simply to request information regarding the status of a pending case as the USCIS website is probably the more appropriate place to seek this information.

This author hopes that the appointment of this new Ombudsman will further protect the interests of those processing their application with USCIS. With that in mind, in recent months the USCIS Service Centers seem to be processing applications with a great deal of efficiency and there does not appear to be any reason to believe that this will not continue in the future. It should be noted that the Ombdsman does not oversee the administration of the US Embassy Thailand. The Department of Homeland Security and the Department of State (the agency with jurisdiction over US Embassies and Consulates, like the US Consulate in Chiang Mai) are two separate agencies and their staff do not generally have overlapping jurisdiction. For issues concerning the Embassy it is usually best to contact the Embassy directly.

Tags: American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Department of Homeland Security, Department of State, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS, USCIS Ombudsman, USCIS website
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In the United States of America it is often necessary to obtain a marriage license before getting married. For those living in Thailand marriage can be a major issue and a commonly asked question is: do I need a marriage license before my Thai fiancee and I can execute a legal marriage in the Kingdom. Strictly speaking, a marriage license is not necessary, but there are certain formalities that must be met before a couple can be legally wed in Thailand.

In cases where a Thai wishes to marry a Thai, the process is relatively simple because the couple must simply go to their local Amphur office (also known as an Amphoe office or Civil Registrar’s office). Once the couple arrives at the Amphur they must present their Thai Identification cards and a marriage can be registered relatively quickly.

In cases where a Thai Citizen wishes to marry a foreigner (also known as a Farang in the Thai language), the requirements are somewhat more stringent. This is due to the fact that the foreign national must prove up his or her single status. This is usually done by traveling to the foreign national’s Embassy or Consulate. Generally, an Embassy or Consulate can provide documentation that proves the applicant is legally free to marry. For American Citizens, such documentation can be obtained at the American Citizen Services section of the United States Embassy in Bangkok or the US Consulate in Chiang Mai. Once this documentation is obtained it must be translated and legalized before the Amphur will accept it for marriage registration purposes.

Occasionally, two foreign nationals seek to register a Thai marriage. In cases such as this the couple must obtain the previously mentioned documentation proving single status. In a case where both parties are of different nationality, then different procedures may be required as two separate Embassies must be contacted. The requirements for obtaining documentation for a marriage in Thailand are not uniform. Each Embassy has its own protocols regarding what type of documentation it will issue and what supporting documentation must be submitted before the Embassy will certify an applicant as legally free to marry. With that in mind, those interested in registering a Thai marriage should learn what their Embassy requires to issue a single status affidavit.

To sum up, although Thai officials do not require a marriage license before a marriage will be registered, they do require that the parties prove that they are both free to marry. Proving this can be difficult for some foreign nationals as each Embassy has their own rules for issuing affidavits of single status.

On a related note, those wishing to execute a Thai prenup should register it and the marriage simultaneously. Otherwise, the Thai courts may later refuse to recognize the agreement in the event of divorce.

Tags: American Citizen Services, Amphoe office, Amphur Office, Thai Civil Registrar, Thai MArriage Registration, Thai prenup, Thailand Civil Registrar, Thailand Marriage Registration, thailand prenuptial agreement, us embassy bangkok, us embassy thailand
Posted in Legal Opinion, Miscellaneous, Thai Family Law, Thailand Marriage Registration, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration | 1 Comment »

In recent months, the former Prime Minister of Thailand, Thaksin Shinawatra, has been in the news as he evades requests for extradition from the Kingdom of Thailand. The website Thaivisa.com is reporting the following:

“Thaksin’s name in passports issued by Nicaragua, Uganda and Montenegro has been changed to “Takki Shinegra,” he said. The Thai government has revoked Thaksin’s diplomatic passport issued during his premiership. He was believed to have an ordinary Thai passport. Some African countries have issued him a special passport to facilitate his travels and his visit to the countries. [Vice Foreign Minister] Panich said Thaksin’s new name may cause problem for Thailand’s attempt to bring him back to face two-year jail term on charge of corruption.” [sic]

The change of Mr. Thaksin’s name is a major obstacle for those who wish to make him return to Thailand. Thaivisa.com further quotes Mr. Panich:

“Problems can happen when we ask foreign countries to extradite him. We name him in our request as Thaksin Shinawatra but when those countries check his presence, they would not find him because he used different name.” [sic]

The issue of dual nationality and different names is not exclusively the problem of Thai authorities. Many people around the world have dual nationality and in many cases, they have different names depending upon their country of Citizenship. This can create a great deal of consternation for Immigration officials.

Dual nationality is not, in and of itself, a problem for those wishing to obtain US or Thai Immigration benefits. However, it can raise many issues with regard to the identity of the individual seeking the immigration benefit. For example, if an individual is born in Hong Kong under one name, but later takes Australian nationality under another name, then that individual’s birth certificate will not likely match his or her Australian passport. This can lead to problems with Immigration authorities as two names can cause confusion and lead to increased scrutiny.

When petitioning for Immigration benefits in any country, it is often required that the applicant divulge any aliases that they may have. For those applying for a Thailand visa or an American visa this is often required and failure to note an alias could result in relatively serious sanctions.

Many countries allow their citizens to have aliases noted in their passport. For United States Citizens, this is definitely a possibility, but requires approval of  an application to have a different name noted in a US passport. For those resident in Thailand, it is possible to have an alias noted in a US passport, but one must submit an application to the Consular Officer at the American Citizen Services section of the US Embassy in Bangkok or the US Consulate in Chiang Mai. US Embassies and Consulates elsewhere can perform this service as well. Thai Consulates and Embassies could also note aliases in one’s Thai passport, but one must check with the Consulate beforehand as not all posts are able to complete this task.

Tags: American Embassy Bangkok, American Embassy Thailand, American Passport, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, us passport, US Visa
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Embassy, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Each year, thousands of American Citizens travel to the Kingdom of Thailand as tourists, business travelers, investors, students, or to visit family in Thailand. In some situations an American Citizen needs something that must be officially issued by an organ of the government of the United States of America. In most cases, the US Citizen can get the official documentation from the American Citizen Services section of the United States Embassy in Bangkok, Thailand. There was a time when many complained about the service at American Citizen Services (also known as ACS), but today this section is very efficient and staffed by very polite service oriented officers.

Of the many things that American Citizen Services does, one of the most important functions is passport issuance. For those that are interested in obtaining a new American passport while in Thailand, it would be wise to contact ACS as they can facilitate passport issuance. For those who have lost a passport in Thailand or had their passport stolen, it is best to report the theft to the police and then proceed to the American Citizen Services section to obtain a new passport.

It should be noted that it may be possible in limited cases for American Citizens to receive a second passport from ACS. Second passports are rarely issued, but for certain travelers a second passport may be a necessity. Therefore, American Citizen Services and the Department of State may grant a second passport to worthy applicants.

Those that need an American notary can go to the American Citizen Services section because the Consular Officers can notarize documentation for official purposes. Please note that there is a charge for this service and one should check the US Embassy website for an updated fee quotation.

Those getting a Thai drivers license may need to go to American Citizen Services as it may be necessary to fill out an affidavit regarding one’s residence. The same can be said for one who wishes to register a marriage in Thailand as a trip to American Citizen Services may be required.

Some are under the mistaken impression that American Citizen Services has a hand in the Amity Treaty certification process for a Thai Company. This is not necessarily true as the American Citizen Services Section generally does not have any direct involvement in this process except for possible notarizations.

American Citizen Services does not generally deal with US visa matters. Although they do assist in producing a document called a Consular Report of Birth Abroad which can be used for obtaining a US passport on behalf of a child of an American Citizen.  The US Consulate in Chiang Mai also has an American Citizen Services section. It fulfills functions similar to its counterpart in Bangkok.

For those interested in visiting ACS it may be advisable to schedule an appointment in advance via their online appointment scheduling service. To learn more visit the ACS webpage here.

Tags: ACS, ACS Bangkok, ACS Thailand, American Citizen Services, American Citizen Services Bangkok, American Citizen Services Thailand, American Embassy Bangkok, American Embassy Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in General Legal Information, Thailand Marriage Registration, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa Thailand | 1 Comment »

Many married couples seeking United States immigration benefits submit an I-129f application for the K3 visa as a supplement to the filing of an I-130 petition for a IR1 or CR1 visa. Essentially a K3 application is a supplemental application because in order to obtain K3 benefits the couple must file a second application. The United States Citizenship and Immigration Service (USCIS) has two service centers where K3 visa applications are adjudicated. The I-130 application is submitted to a different USCIS location. During the USCIS processing phase the two petitions are adjudicated in a similar manner, but once the petitions are approved, the I-129f application for a K3 visa processes in a different manner from the I-130 application for a CR1 or IR1 visa.

The K3 visa process sees the I-129f quickly processed through the National Visa Center in New Hampshire (NVC) and sent to the US Embassy abroad.  Once at the US Embassy the couple will need to gather documentation and prepare for the K3 visa interview. However, this phase of the process begs the question: is it better to adjust status in the USA or wait for the CR1 visa application to process through the NVC and obtain a CR1 visa from the US Embassy abroad? The CR1 visa takes longer to process as packet 3 is sent to the NVC rather than directly to the Embassy. NVC processing of an Immigrant visa (CR1/IR1) can take a great deal of time. However, the benefit of entering in CR1 status is that the Beneficiary enters with Lawful Permanent Residence upon arrival in the USA. Where the Beneficiary enters the US in K3 visa status,  she is not stamped in with lawful permanent residence. Instead she must submit an application for adjustment of status sometime after her arrival in the USA.

In general, it takes approximately 6 months to process an adjustment of status application in the United States. However, the K3 visa beneficiary is entitled to depart from, and return to, the USA while the adjustment is processing because the K3 visa is a multiple entry visa and, once granted, it has a validity of 2 years. However, the adjustment of status process can be costly which is why some couples opt to forego the K3 visa application and simply wait for the approval of the I-130 application for a CR1 or IR1 visa.

It may be possible to have it both ways. A K3 visa beneficiary could go to the USA and return to Thailand to have the CR1 visa interview at the US Embassy in Bangkok. This method is often utilized where a couple wishes to briefly be reunited in order to celebrate the holiday season or an anniversary. Upon the foreign national’s subsequent entry into the USA in CR1 or IR1 status lawful permanent residence will begin and the K3 visa will be effectively nullified.

Tags: Adjustment of Status, CR1 Visa, CR1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Embassy, us embassy bangkok, us embassy thailand
Posted in Adjustment of Status, CR1 Visa, K-3 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »