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06 มิถุนายน 2555

US Marriage Visa aka K3 Marriage Visa

US Marriage Visa aka K3 Marriage Visa

The Thai spouse of a US citizen and the children of the spouse may come to the US on non-immigrant visas. These are the K3 Visa (Spouse) and K4 Visa (Children). This would permit them to finalise the process in the US. The timing is important as the K3 Visa in Thailand must have been granted to your Thai wife alternatively she must have been granted K3 status before a K4 visa can be applied for.

Definition of the word”Spouse” for a K3 Visa:

For the purposes of a K3 visa the term “spouse” is defined as a person legally married to another. Partners that are cohabiting are not defined as a spouse for the purpose of the K3 Visa. Common-law partners however may be viewed as spouses for a K3 Visa application. Polygamy however is another issue. Only the first wife spouse/wife may apply on for a K3 Visa in a polygamist marriage. The United States does not permit polygamy. Should you be divorced, you would need to show that you have divorced or provide a death notice should your former spouse have passed away. They have to however be verifiably in the country where they had taken place. Speak to an immigration attorney before you apply for your K3 Visa.

Filing of the Two Petitions as required for a K3 Visa in Thailand

Approach any of the USCIS offices in your area and file an Immigrant Petition for an Alien Relative. This is called form I-130. Once this has been filed the USCIS will then confirm your application by sending you a “Notice of Action” letter. Your petition is now being seen too.
Following this you apply for a Petition for Alien Fiancée. This is also referred to as an I-129F Form for your spouse and your children. Send off the I-129F form (petition) with supporting documents and also a copy of Form I-797 receipt notice to Homeland Security.

Once the I-129F has been approved by the USICS it will send it to the (NVC) National Visa Center. The NVC will then send your petition electronically to the embassy where you spouse is located. In other words the National Visa Center will send your petition to the US Embassy in Bangkok, Thailand.

Extending the Petition:

There is a time limit on the I-129F petition which is 4 months from the date on which is was approved. Once these 4 months have ended the embassy may extend the validity of your petition. That is to revalidate your petition.

Children and the K3 Visa:

This is VERY important. The children do not need to have a separate petition filled when the I-130 petition is filed. Make sure that you name all of the children or the child when you file the initial petition on the I-129 Alien Fiancée form. Forgetting to list their names will create enormous problems later in the K3 Visa. Normally the K4 visa will not be turned down because the children or child has not been listed on the initial I-129F petition. Usually as long as the child is unmarried, a minor and is a child of the spouse on the K3 Visa.

uk marriage visaK1 Visa Thailand
K3 Visa Thailand
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