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Fiancee Visa or US K1 Fiancee Visa Thailand

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Fiancee Visa from Thailand or K-1 Fiancee Visa Thailand, occasionally referred to as a US K-1 Fiancee Visa, is a visa used by an American Citizen petitioner to bring his or her foreign fiancee to America.

Our firm operates in Thailand and process visa applications primarily for Thai girls to join their US citizen fiancees in America. On occasion we represent Thai men who are the fiancee ’s of American ladies.

In addition to K1 Fiancee Visa, our firm also processes k3 marriage visas, commonly referred to as K3 visa or CR-1 visa.

Our firm specializes in fiancee visa or k-1 visa and marriage visa or k-3 visa from Thailand to the US. But to completely care for our clients we also provide prenuptial agreements and processing for green card applications. These are services that our clients require and are part of the K1 Fiancee Visa or K-3 visa or CR-1 marriage visa process. We do not provide any other services that are outside of the fiancee visa or marriage visa areas. We prefer to specialize in this area and by doing so we have gained the reputation for being the best and most experience for the processing of K-1 fiancee visa from Thailand to the US and K-3 visa and CR-1 marriage visas to the US.

What is a US K1 Fiancee Visa?

A US K1 fiancee visa is a visa that permits your Thai girlfriend or boyfriend or  fiance/fiancee to travel to the United States to marry you, a U.S. citizen sponsor, within 90 days of arrival.  The US K1 fiancee visa also provides the same benefits to same sex couples.

Who is a Fiancee, who is eligible for a US K1 Fiancee Visa?

For the purposes of a US K1 Fiancee Visa a Fiancee is a person who is engaged to be married to a US Citizen.US permanent residents (green card holders) are prohibited from applying for US K1 Fiancee Visas. Both the US Citizen petitioners and Thai citizen must be free to enter into a legal marriage in the United States at the time the US K1 Fiancee Visa petition is filed. This means that neither party can be married and must be of legal age.

To qualify to file a US K1 Fiancee Visa petition the parties’ must have met in person within the two year period immediately receding the filing of the K1 Fiancee Visa petition. While there are stated exceptions to this rule it is practically impossible to provide satisfactory evidence of the “Bona Fides” of a relationship when people have not met in person.

What are the costs of a US K1 fiancee visa?

The costs, in addition to our fee are,

  1. US Department of Homeland Security application fee …… $535.00
  2. US Embassy interview fee ………………………………………… $275.00
  3. Medical Exam fee …………………………………………………… $200.00 – $300.00

What are the requirements that must be met for a US K1 fiancee visa?

  1. You and your fiancee must have met in person within the 2 year period immediately receding the filing of the US K1 fiancee visa petition.
  2. You and your fiancee must be free to marry (not currently married to another person)
  3. The UScitizen petitioner/sponsor must meet the minimum income requirement. Example: for a family of 2 living in the contiguous 48 states for 2017 = not less than $20,300.00. This is the minimum amount that must appear as your adjusted gross income on your tax return. (unless your income is non-taxable, e.g. social security income)
  4. To qualify for a US K1 fiancee visa, your fiancee can not have been convicted of a crime for which the maximum penalty exceeds one year imprisonment. Waivers are available for crimes in most categories with the exception of drug convictions. Waivers are available however for convictions for possession of a small amount of marijuana. You may need to check with our office to learn if a previous criminal conviction requires a waiver.
  5. The petitioner/sponsor can not have a previous criminal conviction for child abuse or sexual abuse, murder, or similar serious crimes. Most criminal convictions have no effect on a petitioner’s ability to sponsor a US K1 fiancee visa. We have processed countless visa applications for petitioner’s who have been convicted of serious crimes and who have served prison sentences exceeding 2 decades. Examples: bank robbery, drug dealing on a large scale, assault, assault with a dangerous weapon, domestic violence, drunk driving, etc.
  6. The petitioner must be aUScitizen
  7. The petitioner and beneficiary must have the intent to marry within 90 days of the beneficiaries arrival in the United States.

What is the processing time for a US K1 fiancee visa?

Processing times can vary greatly from year to year. The current average combined USCIS and Embassy processing time for US K1 fiancee visas originating from Thailand is 4-6 months.

What if my fiancee has worked as a prostitute?

Many people are under the impression that a lady who has worked in the sexual services industry is ineligible for a US K1 fiancee visa. While technically ineligible, waivers are available. When the waiver is approved the visa is issued. Waiver applications are complex, costly and time consuming, but certainly attainable with competent professional help. The process can add an additional 6-12 months to the application process. Non disclosure of information about an applicants employment details is believed by some to be the appropriate course of action. We do not condone providing false or misleading information to the USCIS, Embassy, or other official organization. In the course of processing thousands of visa applications it is highly likely that not all of our clients have been completely truthful with us when providing details about their employment histories. While we may have had our suspicions, and we are certainly aware that Thai ladies are “shy” to fully disclose personal information of a sensitive or embarrassing nature, and given no clear indication beyond a suspicion, it would be extremely inappropriate and rude to accuse a client of being a prostitute, no matter how politely an inquiry is made. The bottom line is that everyone in all areas of life should strive to conduct themselves honestly in all matters. If your fiancee or spouse has been previously employed in the Thailand sexual services industry a visa can be obtained. It will require a waiver, it will add time and cost to the process, but the visa is obtainable when the waiver applications is prepared by experienced professionals with a track record of success.

What if my fiancee has overstayed on another visa to the USA?

Overstays of 6 months to 1 year initiate a 3 year bar from re-entering the USA. Overstays of 1 year or more initiate a 10 year bar from re-entering the USA. Waivers are available and can be obtained. Waiver applications are complex, expensive, and will add 6-12 months to the overall processing time. Professional, experienced assistance is required.

What to do after the US K1 fiancee visa is issued and my fiancee is in the USA?

In order for your fiancee to remain legally in the United States you will file a joint petition to adjust her status from holder of a US K1 fiancee visa to legal permanent resident. First, you must marry, then submit the adjustment of status application within 90 days of her arrival in the United States. Our firm will prepare everything required for the submission of the 1.) adjustment of status, including 2.) affidavit of support, 3.) advance parole (travel permit), 4.) employment authorization, and 5.) 19 supporting documents.

Can my fiancee’s child get a visa? Can the child come on the same US K1 fiancee visa?

Yes. Any number of children up to the age of 21 can be attached to a parents US K1 fiancee visa petition. The child or children can receive visas at the same time as their parent or within one year of the issuance of their parent’s visa. If the one year period is exceeded, the children can immigrate to America using CR-2 visas.

Does my fiancee’s child have to travel at the same time as my fiancee or can the child come later?

As stated above in the previous question, children can receive visas with a parent, or using the same US K1 fiancee visa, receive visas within one year of the issuance of the parent’s visa. After one year the children can immigrate to American using a CR-2 visa.

Can my fiancee work when she arrives in the USA on a US K1 fiancee visa?

Not immediately. Your fiancee will first need to apply for and receive a green card or employment authorization. Green card processing can take up to 6 months. Employment authorization typically takes 30-60 days.

The Embassy has found my fiancee ineligible for a US K1 fiancee visa, what can I do?

The answer to this question varies with the reasons why a US K1 fiancee visa has been denied. Any time a US K1 fiancee visa has been denied by the Embassy, placed into administrative processing, or when the embassy has requested additional evidences, it is important that you engage professional assistance. Often problems occur when a visa petition has been prepared and submitted improperly. In this event you need to admit that competent professional assistance is necessary for the successful completion of the US K1 fiancee visa petition. Occasionally, visa petitions are denied when the beneficiary is found ineligible for the visa. For example: prostitution, previous criminal convictions, overstaying a previous US visa, etc. In these cases a waiver must be pursued. Waiver applications are complex, expensive, and will add 6-12 months to the overall processing time. Professional, experienced assistance is required.

Can I apply for a second US K1 fiancee visa if I have applied before?

Yes. The International Marriage Brokers Regulation Act (IMBRA) enacted March 6th, 2006 limits the number of US K1 fiancee visa applications a US citizen can petition for. The limitation is 1 within a two year period and a lifetime cap of 2. Waivers are available to this section of the regulation. You should act according to your life plans without fear of the limitations that can be overcome by obtaining a waiver. Should you decide not to apply for a waiver you can chose to marry your fiancee in Thailand and apply for a US CR-1 visa.

What is the minimum income requirement I must meet to qualify to sponsor my fiancee’s US K1 fiancee visa?

The petitioner/sponsor must meet the minimum income requirement. Example: for a family of 2 living in the contiguous 48 states for 2017 = not less than $20,300.00. This is the minimum amount that must appear as your adjusted gross income on your tax return. (unless your income is non-taxable, e.g. social security income)

What can I do if I can’t meet the minimum income required to sponsor my fiancee for a US K1 fiancee visa?

Many people who believe they don’t qualify, actually do qualify. We can discuss this with you and evaluate your situation and advise accordingly. In cases where a petitioner does not meet the minimum income requirement for the US K1 fiancee visa, the couple can marry in Thailand and apply for a CR-1 visa which allows the petitioner/sponsor to have a co-sponsor. A co-sponsor is a friend or relative of the US citizen petitioner who agrees to act as a co-sponsor guaranteeing the support of the US citizen petitioner’s spouse should the US citizen petitioner fail to provide support.

What vaccines will my fiancee be required to get in Thailand for the US K1 fiancee visa?

  1. Mumps
  2. Measles
  3. Rubella
  4. Polio
  5. Tetanus and diptheria toxoids
  6. Pertussis
  7. Influenza type B
  8. Hepatitis B
  9. Varicella
  10. Pneumococcal

After my fiancee arrives in the US on the K1 fiancee visa, can she stay?

Your fiancee will arrive in the United States on a single entry US K1 fiancee visa that requires her to marry you and apply for an adjustment of status to legal permanent resident within 90 days of her arrival. Once the adjustment of status application has been submitted she is legally permitted to remain in the United States while the application is being processed. When the application has been approved and green card has been issued your fiancee, now wife, is a legal permanent resident who can live and work in the USA for a conditional 2 year period. In the 90 day period immediately receding the end of the 2 year conditional green card, you and your wife will file a joint petition to remove the conditions of her status and she will receive a 10 year green card. After residing in the United States your wife qualifies to test to become a US citizen.

There is a significant age difference between my fiancee and myself, will this effect our chances of getting a US K1 fiancee visa?

At the US Embassy in Thailand, the consular officers decision whether or not to approve the US K1 fiancee visa for your fiancee is based on the strength of the application. When there is a substantial age difference between the petitioner and the beneficiary a strong argument with convincing evidence must be presented to assure the consular officer of the bona fides of your relationship. What is a significant age difference? What is the common age difference seen at the US Embassy in Thailand for couples petitioning for US K1 fiancee visas and CR-1/IR-1 marriage visas? While the age ranges vary a great deal in both directions the most common ages of our clients are: Thai girls aged 25-35, American men aged 45-60. Significant age differences: Thai girl under 25 with an American man over 60.

What happens if we decide not to get married after my fiancee comes to the USA on a US K1 fiancee visa?

She simply returns to Thailand with no questions asked. You are both then free to pursue relationships with other people and you can return to Thailand to sponsor another lady for a US K1 fiancee visa with one minor restriction imposed by the IMBRA that can be overcome.

What happens if we decide not to get married before the US K1 fiancee visa is approved and issued?

You will notify us that your relationship has terminated and we will officially withdraw the US K1 fiancee visa petition with USCIS. You are then free to seek a new relationship with another lady from Thailand and apply for a second US K1 fiancee visa.

My fiancee has already been denied a tourist and student visa, will this effect her chances of getting a US K1 fiancee visa?

It could. It depends on the information provided to the consular officer at the US Embassy in Thailand in both the documents submitted and the verbal information provided during the previous visa interview. This is a serious matter that should not be left to speculation. Your fiancee should speak with an experienced interviewer at our firm in order to determine the facts of what has transpired with the previous applications.

My Thai Fiancee speaks very little English, will this be a problem with the US K1 fiancee visa interview at the US Embassy in Thailand?

What we have experienced is this: if an Embassy consular officer at the US Embassy in Thailand speaks Thai an applicants English abilities are not a significant concern. If an Embassy consular officer can not speak Thai and is interviewing a US K1 fiancee visa applicant who doesn’t speak English very well the consular officer becomes frustrated. Questions have been asked “how can you have a relationship with an American man when you can’t speak English”? If the petitioner (American man) speaks fluent Thai (although extremely rare) it becomes a non issue. At our first meeting with a client we evaluate the Thai person’s English speaking abilities. If the Thai person’s English skills are inadequate we will advise enrollment in a reputable English school, beginning immediately.

My Thai Fiancee wants to get married in Thailand in a Thai Buddhist ceremony, will we still be able to apply for a US K1 fiancee visa or will we need a marriage visa?

Almost all of our clients will have a traditional Thai Buddhist marriage ceremony in Thailand. The Embassy is aware that there is nothing legally binding with this type of marriage so it has no effect on a US K1 fiancee visa petition.

Are there any medical conditions that will disqualify my fiancee from being able to get a US K1 fiancee visa?

In general terms: a physical or mental condition that might be harmful to others. Contagious diseases, other than hiv/aids, which is not tested for. Drug abuse. In most cases contagious or communicable diseases can be treated and cured thereby eliminating the disqualification. In some cases a medical waiver can be obtained enabling the issuance of the US K1 fiancee visa.

Can we get married in Thailand and if we do does that make us ineligible for a US K1 fiancee visa?

You can get married in Thailand. It will make you ineligible for a US K1 fiancee visa, but you will be eligible for a CR-1 alien relative marriage visa.

Can we track the progress of our US K1 fiancee visa application on line?

Yes. We will submit an e-notification form on your behalf with the US K1 fiancee visa petition. When the USCIS receives the visa petition they will send you an e-mail confirmation of receipt. They will also send a hard copy by mail. This receipt notice will contain a receipt number that can be used to access information about your US K1 fiancee visa petition at the USCIS website. We will provide you with instructions on how to access information on line.

Can I use a US K1 fiancee visa if I am already married?

No. Both parties must be free to marry at the time of submission of a US K1 fiancee visa.

How long does it take your firm to start the US K1 fiancee visa and get it filed?

It depends on how quickly your fiancee can meet with us. Here is what happens when you hire our firm: You provide us with your fiancee’s name and phone number. One of the paralegals (Thai ladies) in our office will phone your fiancee, provide her with information about the application process, and informed her that our firm will be representing her and working on her behalf. We will then ask her to make an appointment to meet with us at her convenience.

When your fiancee arrives at our office she will meet with the firm president and one of the paralegals (Thai ladies) on our staff. We will explain the process to her and inform her in detail of the many things we will be handling on her behalf. This is a gentle process designed to re-assure her that she will be receiving personal, compassionate, and competent care. My personal philosophy: we take care of your fiancee as you would if you were able to be with her in Thailand thru this process and having our knowledge and experience.

Will you tell me and my fiancee what documents we need to provide, translate the Thai documents, and make sure they are all correct?

Yes, of course. We like fully informed and educated clients. Our clients are more comfortable when they know, in advance, what is expected of them and what will be happening to them as they progress through the US K1 fiancee visa process. We have extensive experience with and knowledge of document requirements and we translate all documents that require translation at no additional cost to you.

Does the US Embassy in Thailand carefully scrutinize US K1 fiancee visa applications with the intent of denying the visa?

For the protection of the US citizen petitioner and all American citizens, the attention of the Embassy consular officer is sharply focused on investigating details of a US K1 fiancee visa application with the intent to deny applicants who are disingenuous. It is the position of USCIS and DOS that an unspecified percentage of US K1 fiancee visa applications are scams. It is a fact that foreign citizens use US citizens to gain entry in to the USA. They often feel there is no other method available to them to gain legal entry into the United States. It is a fact that more people legally immigrate to the United States each year than to all other countries of the world combined. This evidences that there is a great deal of interest among foreigners to immigrate to the USA.

What happens after the US K1 fiancee visa is issued?

Your fiancee will depart Thailand within 6 months of the visa issuance date. Your fiancee will arrive in the United States and transit through an immigration port of entry. The immigration officer will receive from your fiancee a sealed package the embassy has provided. Your fiancee is allowed entry for a 90 day period. Your fiancee can adjust her status to become a legal permanent resident after marriage to you and upon submission and approval of an adjustment of status application with fee and required supporting documentation and after passing an interview that you will both attend. If you and your fiancee decline to marry she will return to Thailand. If she fails to return to Thailand and remains in the United States she will not have legal status nor will she be able to obtain legal status by marriage to another US citizen.

After arriving in the US on a US K1 fiancee visa, can my fiancee leave the United States and then re-enter at a later date? For example can we go to Bermuda for our honeymoon for two weeks and then return to the US?

No. The US K1 fiancee visa is a single entry visa. She can leave the United States at any time but she will not be allowed re-entry on the US K1 fiancee visa. She can apply for an advance parole travel permit that allows re-entry, but the intent of this travel permit is for emergency travel. In general, the best plan of action is for your fiancee to remain in the United States until she receives her green card. If she obtains an advance parole travel permit and is outside of the United States when required to appear for a biometrics appointment or green card interview and fails to appear she will have been deemed to have abandoned her green card application and it will automatically cancel and can not be reinstated. Once your fiancee receives her green card,she can travel between the United States and Thailand easily. However, a green card holder should never remain outside of the United States more than 6 months at any one time or within a calendar year. Doing so risk the requirement of proving that the green card holder has not abandoned their US primary domicile. Should a green card holder remain outside of the United States for more than one year the green card is automatically cancelled. Re-entry permits can be obtained if the green card holder plans in advance to be outside of the United States for more than one year.

Can my fiancee work in the US after arriving on a US K1 fiance visa?

Not immediately. Your fiancee will need to apply for and obtain Employment Authorization and be issued an Employment Authorization card or apply for and receive a green card. Either one will allow her to work legally in the United States.

How does my fiancee apply for a Social Security number?

Before your fiancee arrives in the United States on the US K1 fiancee visa, a member of our team can provide this information to you. To learn more about this process, just ask one of our staff prior to the issuance of the US K1 fiancee visa.

What is the difference between processing a USA K1 fiancee Visa or CR-1 Marriage, from Thailand?

Very often we are asked to describe the differences between the US K1 fiancee visa and the CR-1 marriage visa and point out the positive and negative attributes of each one.

First, to utilize a CR-1 visa you must be married or planning to marry. You must be legally married in order to submit a CR-1 marriage visa petition.

A US K1 fiancee visa petition can be submitted for your fiancee at any time after you have met in person. While USCIS does state that you can submit a US K1 fiancee visa petition even if you have not met in person (if meeting violates your religious beliefs) processing a US K1 fiancee visa application without having met in person will be problematic.

In determining whether to select a US K1 fiancee visa or a CR-1 marriage visa our clients base their decisions on either convenience or speed. The US K1 fiancee visa is faster and the CR-1 marriage visa is more convenient.

The average processing time for a US K1 fiancee visa is 6 months. If you have already met your fiancee in person the process can start immediately. When the process is complete and the US K1 fiancee visa has been issued, your fiancee can travel to the USA immediately upon receiving the US K1 fiancee visa or anytime within the following 6 months.

Once your fiancee has arrived in the USA you are required to marry within 3 months and file for your fiancee’s green card.

The average processing time for a CR-1 marriage visa is 7-10 months. The process can not start until you are legally married. If you are currently in the USA and planning to make another trip to see your fiancee and marry you can add the time it will take you to get to Thailand and get married to the overall processing time.

Our firm takes our clients through the steps required to register a legal marriage in Thailand. This two day process also includes the preparation of the initial CR-1 visa petition. The process can be reduced to a half day by prior arrangement and payment of a premium processing fee to the Thailand Ministry of Foreign Affairs.

For couples who have already been married for at least two years we will file a IR-1 visa petition. CR-1 stands for Conditional Relative, IR-1 stands for Immediate Relative. More on this in a moment.

Here’s where the CR-1 or IR-1 visas become more convenient than a US K1 fiancee visa. While we are processing the visa petition we are also processing your wife’s green card and social security number. Do you remember that we stated above that with a US K1 fiancee visa you will be required to apply for your fiancee’s green card after she arrives in the USA and after you have married?  With the CR-1 or IR-1 visa we process the green card and the social security number at the same time we are processing the visa.

When your wife arrives in the USA the immigration officer at the airport will stamp her passport with a one year green card and the hard plastic green card and social security card will automatically be sent to your home address. There is no need for any action on your part after your wife arrives in the USA.

If your wife has received a CR-1 visa, based on your marriage of less than two years she will receive a 2 year conditional green card. In the 90 day period immediately prior to the end of the 2 year period you will file a joint petition to lift the conditions of the two year conditional green card and your wife will receive a 10 year green card. After living in the USA for 3 years your wife can qualify to apply to become a US citizen.

If your wife received an IR-1 visa, based on your marriage of two years or more at the time the visa was issued, she will receive a 10 year non-conditional green card.

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Our Office Address:

U.S. Immigration Legal Advisors
85 Nonsi Road – Soi 8,
Yannawa, Bangkok 10120,
Thailand.
Tel: (662) 681-0015

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276 Fifth Avenue,
New York, NY 10001

Toll Free No: 888-235-8856
Email: usvisabkk@gmail.com

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My Thai Fiancee Office MAP