Integrity Legal

The affidavit of support is used to prove that an American Citizen can support a Thai fiancee or wife in the USA. Although the form is issued by USCIS, it is presented at the Thai fiancee or spouse’s interview at the American Embassy in Bangkok Thailand. The type of visa one wishes to obtain will make the difference in the type of Affidavit of Support that will be necessary to show the US Citizen petitioner’s ability to support a Thai fiancee or wife in the United States.

The I-134 and I-864 affidavit of support to Prove Financial ability for US Visa Sponsorship

There are two affidavit forms used in US Family Immigration matters that are used to prove that a US citizen is indeed capable of sponsoring his loved one at the statutorily prescribed levels. The I-134 and the I-864 are the two different affidavit forms and their use with regard to visa category depends upon the situation and the visa being sought.

Financial Requirements

Currently, for the I-864 affidavit of support, the US Citizen must show that he or she can support his Thai fiancee or spouse at a level equal to 125% of the Federal poverty guidelines (as calculated by Housing and Human Services) for the year in which the visa is being sought.

The Binding Effect of the I-864 affidavit of Support upon a US Citizen

Some US Citizens are interested in how binding their financial commitments are with regard to the I-864 affidavit of Support. There is some case law that has allowed US Permanent Resident former spouse of US Citizens the right to collect money from the US Citizen spouse based upon the finding that the Permanent Resident is the third-party beneficiary of an agreement between the United States government and the US Citizen. Also, the US Citizen will be liable to the US government for the relevant costs should the Permanent Resident spouse become a public charge.

Proving Financial Ability and Obtaining Assistance with the Affidavit of Support

Generally, a US Citizen’s ability to support a fiancee or spouse is proven by presenting evidence showing the US Citizen’s income is above the statutorily mandated 125% of the poverty guidelines. Proving the financial ability to support a fiancee can be somewhat difficult if the US Citizen’s income does not meet the 125% requirement. Using assets to prove financial ability is one method, while many people opt to simply utilize a joint sponsor in order to meet the financial requirements. Joint sponsorship is a popular method of overcoming affidavit of support issues.

Note: Nothing in the post should be used in lieu of legal advice from a licensed US attorney with Immigration experience.

For More US Immigration Information Please see:

US Visa Thailand

Thai Fiance Visa

K1 Visa Thailand or

USA Visa Thailand

Tags: Affidavit of Support, American Visa Thailand, Fiance Visa Thailand, I-134, I-864, US Marriage Visa Thailand, US Visa Thailand
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One of the more confusing aspects of US Immigration from the perspective of laypeople is deciphering all of the legalese that US Immigration attorneys use when writing about US visas. To clear up some of the confusion, this post defines some of the most used jargon so that the average reader researching American Immigration can better understand the subject matter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tags: Adjustment of Status, advance parole, CR-1 Visa, Green Card, I129f, I130, IR-1 Visa, K1 Visa, K3 Visa, US Visa Thailand, USCIS
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A popular immigration decision made by Thai-American couples is the decision to pursue a K1 Visa from Thailand. Many couples opt for the fiance visa because it is a faster visa to obtain in comparison to the conventional Immediate Relative Visa. The adjudication processing time for the CR-1 and IR-1 Visa can be as much as 5 months longer than that of the K1 Visa. These time differentials coupled with the fact that many couples like to have the 90 day window of opportunity to decipher whether a marriage will work or not make the K1 Visa a very attractive option.

IMBRA and its limitations on the K1 Visa

A few years ago, Congress passed the International Marriage Brokers Regulation Act in order to clamp down on so-called “mail order bride,” outfits. One of the byproducts of this act is the fact that K1 Visa petitions have been limited. Before the promulgation of IMBRA it was possible for an American Citizen to essentially apply for and obtain infinite fiancee visas for as many beneficiaries as he wanted. Under the new regulations, a US Citizen is only allowed to petition for 2 K1 Visas without needing to obtain a waiver from USCIS. Even with this regulation comes a further caveat, if he should petition for 2 K1 Visas within a 24 month period, then he will also need to obtain a waiver.

The issue involving petitioning for two K1 visas usually comes up in context of the Thai-American couple who obtain a K1 visa and the Thai lady goes to the US. The couple finds that at the time a marriage is not logistically feasible. Therefore, she leaves the United States and returns to Thailand. Later, the couple decides to petition for another K1 Visa because their situation has changed and they feel that now a marriage is workable. Do they need to obtain a waiver in order to obtain a second K1 Visa? The answer: Probably.

Depending upon the time frame of the petitions it may be necessary to obtain a waiver in order to have a subsequent I-129f petition (the petition form for a K1) approved. If the previous petition was filed within 24 months of the subsequent petition then a waiver is likely a necessity. All is not lost by needing to file for a waiver. They are generally granted where the couple explains the situation and why 2 K1 visas were filed by the same couple within a 2 year period. It is very wise to retain a US attorney in Thailand in order to prepare a Thai loved one’s K1 Visa petition in general and particularly in any situation where a USCIS waiver is necessary.

For more information please see

US Visa Thailand

Fiance Visa Thailand

Note: Nothing in this post should be used in lieu of legal advice from a duly licensed attorney in your jurisdiction

Tags: Fiance Visa Thailand, IMBRA, International Marriage Broker Regulation Act, K1 Visa Thailand, US Visa Thailand, Waiver
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After a Thai Fiancee or Wife obtains lawful permanent residence (Green Card), it becomes necessary to keep this status preserved. Residence is “permanent” so long as the Thai Spouse complies with the rules inherent to permanent residence. One way that a Thai Wife may lose her lawful permanent resident status is if she spends long intervals of time in a country outside of the United States. Too much time spent outside of the United States can be construed as an intention to abandon one’s permanent residence (Green Card).  Since 9/11, United States immigration officers have started to highly analyze the amount of time a permanent resident spends outside of the United States. Even more than simply examining how much time one spends outside of the country, Immigration Officers now scrutinize the underlying reason for traveling at all. For this reason, preparations should be undertaken in advance if it is possible that a Permanent Resident will travel outside of the USA for a period of six months or more.

What is the Effect of Abandoning Permanent Residence?

There is no uniform rule that immigration officers utilize in determining if a Thai wife has abandoned her lawful permanent resident status. A Thai Wife’s “green card” can be employed as a legal entry permit if she has not been out of the United States for more than a year. That being said, simply going to the United once a year is definitely not sufficient to maintain a Thai Wife’s permanent resident status. Failure to be present in the United States for a period of six months or more raises the legal presumption that the immigrant has abandoned their U.S. residence. There are other aspects that will be looked at when deciding if an alien has abandoned their status: does the immigrant intend to depart the United States subsequent to the arrival at issue; does the international travel have a specified purpose and an ultimate end date; does the permanent resident pay taxes in the U.S. ; and does the resident have strong ties to the US: job, property, and other indicia of residence (e.g., driver’s license, bank accounts and credit cards, and active participation in the community).

When arriving in the USA after remaining outside of the country for a long period of time the resident should provide as much of the above evidence as possible and also be prepared to explain the reason for their absence from the United States. Someone who is unable to persuade the immigration officer that they have not abandoned their residence could be placed into removal proceedings and have their green card revoked pending the verdict in those proceedings. This situation could take many months to remedy if the situation can be remedied at all.

What is a Reentry Permit and What Benefit Does it Confer?

Reentry permits are similar to advance parole with regard to the fiance visa. Immigration officers at the port of entry are more inclined to respect those holding a Reentry Permit. By going through the application and obtainment process for a Reentry Permit, the Thai Permanent Resident in the USA is putting the U.S. Government on notice that it is a possibility that they will not be present in the United States for a duration of up to two years, and that they do not have any intention of abandoning their residence in the United States. The Reentry Permit application must be made while in the United States and even though it is not a necessity to wait in the USA for the permit’s issuance, the biometric scan is necessary and currently takes approximately 6-8 weeks to get an appointment after the application is filed.

For more information please see US Visa Thailand

Tags: advance parole, Fiance Visa, Green Card, Reentry Permit, US Immigration Thailand, US Visa Thailand
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People often wonder about the role of the USCIS offices overseas. USCIS’s role in the United States is generally the adjudication of visa petitions. After the petition is adjudicated it is forwarded to the National Visa Center and then on to the US Embassy where the visa interview will take place. Outside of the United States, there are various USCIS District Offices. This post takes a look at the USCIS District office in Thailand and its functions with regard to US Immigration.

USCIS Bangkok District Office Jurisdiction and Functions

To quote the US Embassy website regarding USCIS:

“The District Director and Deputy District Director of USCIS Bangkok District Office oversee the Bangkok District office as well as USCIS sub-offices in Beijing, Guangzhou, Ho Chi Minh City, Hong Kong, Manila, New Delhi, and Seoul.  The USCIS Bangkok District has jurisdiction over Hong Kong, B.C.C., and the adjacent islands, Taiwan, the Philippines, Australia, New Zealand; all of continental Asia lying to the east of the western border of Afghanistan and eastern borders of Pakistan and India; Japan, Korea, Okinawa, and all other countries in the Pacific area.

The USCIS Bangkok Office itself, however, only reviews petitions from Australia, Burma, Brunei, Cambodia, East Timor, Indonesia, Laos, Malaysia, New Zealand, Singapore, and Thailand.”

As can be seen the USCIS office in Bangkok is responsible for a large area of the world. The office’s main functions include adjudicating I-601 waivers, immigrant visa petitions, naturalization, parole, abandonment of lawful permanent resident status (Green Card), refugee services, and adoptions.

Filing a US Visa Application at the USCIS Office in Bangkok Thailand

One of the major functions of particular interests to Americans with Thai spouses is whether they can submit a visa petition to the USCIS office in Bangkok. The reason for submitting a petition in Bangkok rather than the United States stems from the fact that the processing time at the district office in Bangkok is much faster than the service center in the United States. The obvious reason for the speed differential is the fact that far fewer immigrant petitions are received at the Office in Bangkok compared to the USA.

An issue arises when someone wishing to submit a visa petition in Bangkok is barred from doing so because he or she does not meet the 1 year residence requirement of USCIS. According to USCIS District office policy, only residents in Thailand who have been living in Thailand for at least one year on a 1 year Thai visa are allowed to petition at the District office. Further, only a “resident” non-immigrant Thai visa holder will be allowed to submit a US visa application in Bangkok (non-immigrant visas categories include the Thai ED Visa, Thai Business Visa, and the Thai O Visa). Therefore, those present in Thailand long term on a Thai tourist visa are ineligible to submit a petition at USCIS Bangkok. USCIS defines those present in Thailand on a tourist visa as “non-residents.”

Direct Consular Filing

The difference between filing an immigration visa petition at a Service Center in the United States using a local USCIS office overseas and Direct Consular Filing is somewhat difficult for people to understand and this goes for laymen as well as attorneys.

In a previous article I wrote about Direct Consular Filing, I used the term somewhat loosely when discussing the ability to use the District Office of USCIS when filing for immigrant visas for Thai spouses. Strictly speaking a direct consular filing occurs only when a US visa petition is submitted directly to the consulate or the consular section of the US Embassy abroad. In Thailand, since there is a USCIS district office  in the Kingdom, the American Embassy Thailand rarely, if ever takes direct consular filings. However, as mentioned above, petitioning USCIS in Bangkok for an immigrant visa is a major component of the District Office’s mandate.

For more information about Bangkok USCIS at its role in American Immigration please see US Visa Thailand.

Tags: American Visa Thailand, US Marriage Visa Thailand, US Visa Thailand, USCIS Bangkok, USCIS Thailand
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Many people become concerned when it becomes time to prepare for the visa interview at the US Embassy in Thailand. Since the US Visa obtainment process can be a true, “hurry up and wait” game there are sudden flurries of activity followed by lulls of inaction. Packet 3 can be a stressful time for the Thai-American couple because it requires a great deal of document gathering and compilation. This is difficult for Americans gathering documentation, but for a Thai fiancee or spouse it can be nearly overwhelming. In some cases, people opt to hire a US visa lawyer in Thailand, but some opt to compile the necessary documentation on their own. Whichever path is taken, this post will shed some light upon what packet 3 is and what needs to be done to fulfill the packet 3 requirements before the Visa interview at American Embassy in Thailand.

What is Packet 3?

Packet 3 is the list of documentation and instructions for the visa interview at the US Embassy. Non-Immigrant Visa Applicants (K1 Visa and K3 Visa) will receive packet 3 from the Embassy in Thailand.  Immigrant Visa applicants (CR-1 and IR-1 Visas) will receive packet 3 from the National Visa Center rather than the US Embassy in Bangkok. The National Visa Center conducts a more extensive background check on immigrant visa applicants due to the fact that an immigrant visa confers permanent residence upon entry into the USA.

Some of the documentation can be difficult to obtain. This is especially the case in situations in which the applicant is registered on a Tabien Baan in a province far from Bangkok and must obtain documentation from the Amphur in his or her home amphur office. Name change certificates are one of the most sought after pieces of documentation that is difficult to obtain because they must be obtained from the Amphur and Thais tend to change their names far more often than Americans due to the fact that name change is a much less difficult endeavor for Thais.

Having an attorney with knowledge regarding the US Immigration process can be extremely helpful for getting a jump-start on the packet 3 process. Having foreknowledge of what documents are needed for packet 3 can greatly speed up the process because one can inform the Thai applicant as to what is needed beforehand and thus prepare accordingly.

For more in depth instructions regarding packet 3 click here

Please note:  nothing in this post should be taken in lieu of competent advice from an attorney and no decisions regarding any aspect of US Immigration should be made without extensive research and thoughtful calculation.

Tags: American Embassy Thailand, K1 Visa Thailand, K3 Visa Thailand, Packet 3, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Marriage Visa, US Visa Thailand
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US Visa for a Thai Fiance or Spouse’s Child

An often asked question regarding US Immigration from Thailand is: how do I bring my Thai fiancee or wife’s Thai child with us to the USA. The answer to this question depends upon what type of visa is being sought. Each Family Visa category has a derivative visa counterpart. Therefore, the K1 Fiancee Visa has the K2 child Visa, the K3 has the K4 Child Visa, the Cr-1 has the Cr-2 for a Thai child, and the IR-1  has the IR-2 Child Visa. All derivative visa applications must be filed with the appropriate office of USCIS.

Conditions and Validity of a US Visa for a Thai Child

These derivative visas have the same conditions and validity as the underlying visa upon which they are based. Therefore in the case of the K-2 and K-4 Visa the visas are non-immigrant visas and therefore require adjustment of status before the beneficiary will obtain lawful permanent residence in the USA. It should be noted that failure to file for adjustment of status for the derivative visa could lead to the Thai child falling out of status in the USA. This could occur if the US Citizen spouse and the Thai mother of the Thai child file for adjustment of status, but, for whatever reason, fail to file on behalf of the child. The moment that the mother’s application for adjustment is approved the Thai child’s application is dead because the underlying visa has been canceled as a result of the status adjustment.

The CR-2 and IR-2 visas do not have this problem because they are immigrant visas and therefore adjustment of status is not a necessity once the visa holders arrive in the USA. However, with regards to the CR-2 Visa, since the underlying CR-1 Visa confers conditional permanent residence a filing for a lift of conditions is required for the CR-2.

Thai Children at the Visa Interview at the US Embassy in Bangkok, Thailand

Thai Child Immigrant’s presence will generally be required at the Visa interview at the US Embassy in Thailand. Although their presence is requested they may or may not be interviewed. To file for a derivative visa a concurrent visa filing must be submitted at the time of submitting the underlying visa petition.

In some cases, the Thai mother wishes to wait to bring the child to the USA until after the wedding or until after the move to the USA. In a case such as this, after the marriage or the arrival of the Thai wife in the US, the American  Citizen spouse may file a visa petition for the Thai child as a step-child or the Thai mother may file a visa petition on behalf of the child as a minor child of a lawful permanent resident (if the situation fits these facts). Generally, it is advisable to file the child visa petition concurrently with the underlying petition if speed is an issue.

For more information Please See: US Visa Thailand

Note: Nothing in this post should be used in lieu of competent advice from a licensed attorney in your jurisdiction.

Tags: child visas, cr2 visa thailand, ir2 visa thailand, K1 Visa Thailand, k2 visa thailand, K3 Visa Thailand, thai us visa, us embassy visa thailand, us k1 visa, us visa bangkok, US Visa Thailand, usa fiancee visa
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There is some debate as to what type of visa is the fastest to obtain for American men married to Thai women. In the past the K-3 Visa was a quicker and more efficient way of bringing a Thai wife to the USA in comparison to the Immigrant Relative Visas (CR-1 and IR-1). However, at the time of this writing the K3 is not processing as fast compared to the CR-1 to make it a good option for most couples.

There was a time when it took 3 years for USCIS to adjudicate an I-130 application submitted by a US Citizen on behalf of his Thai wife. Since USCIS has now streamlined their adjudication process the published adjudication time frame is the same for both the I-130 application as well as the I-129f application (the I-129f application was traditionally used to apply for a K-1 Visa and when an expedited marriage visa was created in the form of the K3 the I-129f application form was chosen as the application form to obtain the visa). Since the adjudication time estimate is the same the speed factor has been nullified as a reason for obtaining a K3 over an Immigrant Visa.

Dual Petitions

The K-3 filing is a supplemental visa petition with USCIS. When one files for a K3, they must first submit an I-130 petition, then after receiving Notice of Action 1 (the letter from USCIS stating that they received the application), an I-129f petition is submitted which includes a copy of the Notice of Action 1.  Clearly, the problem facing someone attempting to self file is the fact that submitting 2 petitions requires double the paperwork.

After K3 Visa obtainment Adjustment of Status still required

In order for one to obtain permanent residence in the United States on a K3 Visa, the Thai wife must file an application to adjust status. The adjustment of status process can be somewhat costly and time consuming. However with a CR-1 or IR-1 Visa adjustment of status is unnecessary due to the fact that these visas confer permanent residence upon entry into the United States.

When comparing these two visa options, it becomes apparent that a K3 Visa with its lack of permanent residence conferral and marginally faster processing time from USCIS submission to interview at the US Embassy in Thailand is probably not the best options for most Thai-American married couples. However, there may be instances where a K3 Visa would be a better option in certain circumstances.

For more information please see: US Visa Thailand

Note: Nothing in this article should be used in lieu of competent advice from a licensed attorney.

Tags: CR1 Visa, CR1 Visa Thailand, I-129f, I-130, IR1 Visa, K3 Visa, K3 Visa Thailand, US Immigration Thailand, US Visa Thailand
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The process of obtaining a US Visa from Thailand can be frustrating for some due to the fact that a great deal of both US and Thai government documents are necessary in order to obtain most American Visas. We will briefly discuss the time line for obtaining the US K1 Fiance Visa, K3 Marriage Visa, Conditional Resident Visa, and the Immediate Relative Visa based upon marriage. The Visa Journey can be a long process and many phases of it are “hurry up and wait,” in that there are long lulls in the process followed by burst of extreme activity where time is of the essence for meeting deadlines and getting an interview appointment.

The K1 Visa

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

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

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

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

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

IR-1 & CR-1 Visas based Upon Marriage

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

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

The K3 Marriage Visa

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

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

Visas for Children of Prospective Immigrants

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

Tags: CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Immigration Thailand, US Marriage Visa, US Visa Thailand, visa journey
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There is some confusion about 221 (g) refusals for US Visas from Thailand. A 221 (g) request is a refusal to grant a US Visa without further evidence. When the Consular Officers are deciding whether to issue a US Visa (for our purposes we will look at it from the context of K1 Fiance Visas, K3, or CR1 Marriage Visas) they are essentially performing a due diligence search in order to ensure that the applicant is who they say they are and are traveling to the USA for a valid purpose (in this case the reason for traveling is a family relationship to the US petitioner).

Some couples become quite distraght when a 221 (g) is issued and it can be quite inconvenient particularly in instances where the applicant is originally from a distant area of Thailand. This can be especially troublesome if the applicant’s household registration (tabien baan) is in a distant locale and it is difficult for them to travel there. Often documents are required from the local amphur office in th disrict where the applicant’s household registration exists. Although it may be a routine matter for the Embassy to issue these type of requests, it can be a major endeavor for the Thai applicant to obtain the necessary documentation.

221 (g) refusals generally allow the applicant one year to obtain the requested documentation before the Embassy will destroy the file. Failure to respond to the request for evidence could result in the underlying petition being cancelled and the process to begin anew.

Us Visa

To avoid 221 (g) refusals it may be wise to enlist assistance of an immigration attorney in an effort to forestall a 221 (g) denial. It should be noted that even with assistance of counsel a 221 (g) refusal may still be issued and further documentation needed. Consular Officers have wide discretion as per the doctrine of consular absolutism and therefore requests for further documentation should be taken seriously and responded to in a timely manner.

Tags: 221 (g), us embassy bangkok, us embassy thailand, US Visa Thailand, visa denial
Posted in General Legal Information, Thailand Visa, us embassy bangkok, US Visa Thailand | 8 Comments »