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06 มิถุนายน 2555

K1 Visa in Thailand

K1 Visa in Thailand

A K1 fiancée visa is need when you wish to take you Thai fiancée with you to the US. The K1 visa has a certain criteria and we have listed a brief breakdown of the basics of the K1 Visa. Also there are certain procedures to follow not only with the procedures but also with a petition extension should that be needed.

What is the definition of a Fiancée for a K1 Visa?

The definition of a fiancée for the K1 visa is someone who is engaged to be married. The marriage however must be legally possible according to US laws. The general criteria for the K1 Visa are that the parties must at least have met within a two year period. Homeland Security may make exceptions such as certain cultures that do not allow the parties to meet in person before a wedding. USCIS will at times consider the person a fiancée even though they have already married. There are exceptions.

How Does a K1 Visa Work?

If you have met your Thai fiancée and wish her to travel to the US to marry you, the process for the K1 Visa would be started with your filing of an Alien Fiancée Petition in the US.

Starting the K1 Visa process:

The process starts with your filing a Form I-129F also known as an Alien Fiancé Petition with Homeland Security (USCIS) at the office closest to your home. Kindly note, that you cannot start the petition at an embassy abroad. Once the petition is approved it is sent to the National Visa Center. They will then process the petition and send it to the embassy in Bangkok, Thailand for your Thai fiancée to complete.

The petition is only valid for 4 months after it has been approved by USCIS. Should you not be able to complete the process with that time period, the embassy may be able to extend it for you. It is therefore best to see an attorney to handle all the paperwork in Thailand noting the language barriers, time zones and limited time.

The K1 Visa Thai fiancée in the United States:

Your Thai fiancée having entered the US has 90 days in which to marry you once entering the United States. Once the marriage has been consumed your Thai wife would then have to file an Adjusted Status or a Form I-485 application with USCIS. This is basically an application for Permanent Residence.

Should you Thai fiancée before getting married have to leave the country again she would need to apply for Advanced Parole or file a Form I-131. The K1 Visa is in essence a once off visa. Should she leave the US before making this application she will not be able to return to the US on the same K1 Visa.

Children and the K1 Visa holder:

You have to place the child or children’s name(s) on the original I-129F petition which was done for the K1 Visa. After marriage however the child would ahve to make a separate application for Permanent Residence. The important part is that normally the child would have to arrive with the K1 Visa holder, however if that is not possible the child/children would have to arrive within a year from the date on which the K1 Visa had been issued.

There are numerous documents that the K1 Visa for Thai fiancée would need when the K1 Visa process ends at the US Embassy in Thailand. These include but not limited to vaccination certificate, criminal records checks, educational background and fingerprints just to name a few.

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