Thai K-1 or Fiancee Visas
Thai Fiancee Visa Help
K-3, IR-1, and CR-1 Visas from Thailand
Author: Benjamin W. Hart, Esq.
There is a great deal of incorrect information swirling the internet regarding US Immigration, this is
particularly true with regard to Us Immigration from Thailand. This article is meant to convey useful information for those researching US Visas from Thailand. Nothing in the following should be used in lieu of competent legal advice from a licensed
attorney in your jurisdiction.
The US Tourist Visa from Thailand
The US Tourist Visa is often difficult to obtain for a Thai wife due to the US Immigration and Nationality acts presumption that anyone going to the US is doing so in an effort to immigrate. The presumption of immigrant intent has to be surmounted before the consulate official adjudicating the case will grant the tourist visa application. Where a Thai is married to a US Citizen, it becomes very difficult to overcome the presumption of immigration because the consular officer in Bangkok makes the logical inference that a Thai wife will go to the US with her citizen husband and simply remain there. Whether would be true is not the issue.
The I-130 petition for a Thai Wife
The I-130 petition is the classic method of filing for a US Immigrant Visa for a Thai wife. Those filing an I-130 petition must also show evidence that the marital relationship is bona fide. This means that the US Citizen should show that he and his Thai wife have commingled their funds, bought or rented property together, had children together, or in any other way lived as man and wife.
The K-3 Visa and the I-129f petition for a Thai Wife
Many people studying US Immigration from Thailand become confused about the K-3 visa and the I-129f petition. Generally, an I-129f petition is used for obtaining a K-1 Fiancee Visa. However, the K-3 visa was designed as an expedited application to run concurrently with the I-130 petition. Therefore, after filing out and submitting the initial I-130 application and receiving the Notice of Action 1 (a letter from USCIS stating that the I-130 petition has been received) a subsequent I-129f filing will be necessary in order to obtain a K-3 Visa for a Thai wife.
The Visa interview at the US Embassy in Bangkok
With either a tourist visa, immigrant visa, or a K-3 Visa an interview at the US Embassy in Bangkok will be required before the US Visa will be granted. At the interview it will be necessary that the US Citizen presents evidence of an ability to financially support his Thai wife. The I-864 affidavit of support is used to prove that the US Citizen can indeed support his Thai spouse at the level prescribed by the US government (currently the requirement is that the US Citizen earn an income equal to or greater than 125% of the Federal poverty guidelines in order to support a Thai wife).
If all of the evidence requirements are met then it is very likely that the US Embassy will grant a Visa to the United States to a Thai wife of a US Citizen. If it is a CR1 or IR1 Visa, the Lawful Permanent Residence (Green card) transmitted and therefore adjustment of status is unnecessary stateside.
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Benjamin W. Hart is a US Immigration Attorney with an office in Thailand please see US Visa from Thailand or US Embassy in Thailand for more details
The US Tourist Visa from Thailand
The US Tourist Visa is often difficult to obtain for a Thai wife due to the US Immigration and Nationality acts presumption that anyone going to the US is doing so in an effort to immigrate. The presumption of immigrant intent has to be surmounted before the consulate official adjudicating the case will grant the tourist visa application. Where a Thai is married to a US Citizen, it becomes very difficult to overcome the presumption of immigration because the consular officer in Bangkok makes the logical inference that a Thai wife will go to the US with her citizen husband and simply remain there. Whether would be true is not the issue.
The I-130 petition for a Thai Wife
The I-130 petition is the classic method of filing for a US Immigrant Visa for a Thai wife. Those filing an I-130 petition must also show evidence that the marital relationship is bona fide. This means that the US Citizen should show that he and his Thai wife have commingled their funds, bought or rented property together, had children together, or in any other way lived as man and wife.
The K-3 Visa and the I-129f petition for a Thai Wife
Many people studying US Immigration from Thailand become confused about the K-3 visa and the I-129f petition. Generally, an I-129f petition is used for obtaining a K-1 Fiancee Visa. However, the K-3 visa was designed as an expedited application to run concurrently with the I-130 petition. Therefore, after filing out and submitting the initial I-130 application and receiving the Notice of Action 1 (a letter from USCIS stating that the I-130 petition has been received) a subsequent I-129f filing will be necessary in order to obtain a K-3 Visa for a Thai wife.
The Visa interview at the US Embassy in Bangkok
With either a tourist visa, immigrant visa, or a K-3 Visa an interview at the US Embassy in Bangkok will be required before the US Visa will be granted. At the interview it will be necessary that the US Citizen presents evidence of an ability to financially support his Thai wife. The I-864 affidavit of support is used to prove that the US Citizen can indeed support his Thai spouse at the level prescribed by the US government (currently the requirement is that the US Citizen earn an income equal to or greater than 125% of the Federal poverty guidelines in order to support a Thai wife).
If all of the evidence requirements are met then it is very likely that the US Embassy will grant a Visa to the United States to a Thai wife of a US Citizen. If it is a CR1 or IR1 Visa, the Lawful Permanent Residence (Green card) transmitted and therefore adjustment of status is unnecessary stateside.
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Benjamin W. Hart is a US Immigration Attorney with an office in Thailand please see US Visa from Thailand or US Embassy in Thailand for more details
Article Source: http://www.articlealley.com/article_860068_18.html


