K1 Visa Thailand

You will note that the K1 visa is commonly called the fiancée visa. This US visa allows a US citizen to bring their Thai fiancée to the United States with the purpose of getting married. Note however that as a couple you will need to get married within 90 days upon your fiancée arrivals in the US. This guide will hopefully allow you to walk through the detailed steps and requirements.

Firstly, the K1 visa was designed for the foreign fiancées of US citizens. This will allow your Thai fiancée to enter the United States in the purpose of getting married. Likewise, once you are married, your Thai spouse can then apply for adjustment of status to become a lawful permanent resident or US green card holder.

The following are the basic requirements for the US fiancée visa from Thailand.

– US Citizen Petitioner: You must be a US citizen. (Speak to us about having PR status)

– Your intent to Marry: You and your Thai fiancée must marry within 90 days in the US.

– Previous Meetings: You must have met in person at least once within the last 2 years. (There are exceptions)

– Legally Able to Marry: Both parties must be legally able to marry (single, divorced, or widowed).

Step 1: File Form I-129F (2-3 Weeks)

When you file the Form I-129F, then, you as the US petitioner starts the process. This is also called the Petition for Alien Fiancée. This starts with the USCIS or United States Citizenship and Immigration Services. The purpose of this form establishes the relationship between you as the petitioner and your Thai fiancée.

Supporting K1 visa Documents:

You will need to provide the following with the Form I-129F. The documents are as follows:

– You will need your proof of US citizenship

This can be in the form of your US birth certificate. Likewise, there is also the naturalization certificate. Lastly, there is also your US passport. Speak to us if you have a different status.

– Likewise, any evidence of the relationship.

This contains the most information on your relationship. This will be in the form of photos as well as emails/ chat correspondence between the two of you. Likewise, any places you have visited together so airline tickets or other documents to show a bona fide relationship. Note that this is where errors can occur, so always ensure that you have checked all your documents.

– Additionally, any proof of having met in person within the last two years.

There are certain exceptions to this which is mainly cultural or hardship where you have not been able to meet in person. Likewise, speak to us about this if you have not met in person.

– Lastly, a statement of intent to marry within 90 days of entry into the US.

This can be your wedding arrangements back in the US. Many people tend to plan their wedding nuptials in the US by the time that they apply for the K1 visa from Thailand.

Step 2: USCIS Review (5-7 months)

Processing Time:

The processing times for the documents will depend on where it has been submitted. Depending where you live in the US will determine where you must submit the documents. The USCIS reviews the petition and this can take several months. Processing times vary depending on the office that was used however generally takes 6-9 months at the least.

The following are the processing centers. There is the California Service Center (CSC), Nebraska Service Center (NSC), Potomac Service Center (PSC) as well as the Texas Service Center (TSC). Lastly the most common is the Vermont Service Center (VSC).

Request for Evidence

If there is anything short in your documents then this will create a new delay. There will be the request for evidence which they will send you. Read that carefully or hand it to your immigration lawyer for assistance as they list what they need from you. There are common issues so read the page on this website about it.

Approval Notice:

Now once your application has been approved. The USCIS will then send you a Notice of Action or Form I-797 which indicates that your application has been approved. Likewise from here the petition is then forwarded to the National Visa Center (NVC) for further processing.

Step 3: National Visa Center (NVC) (4-6 Weeks)

Case Number Assignment:

Once the NVC receives your case they will assign a case number. This then gets forwarded to the petition to the US Embassy in Thailand or Consulate in Thailand. The following instructions are attached. See below what the NVC sends as well as the next steps. These will again include all the required documents as well as scheduling the visa interview.

Step 4: Prepare for the Visa Interview

DS-160 Form:

Your Thai fiancée has to complete the Online Nonimmigrant Visa Application (Form DS-160). You can see the page which covers what is needed to complete the form online. Ensure that there are no errors in the application process.

Medical Examination:

As part of the process, you will also need to undergo a medical examination. There is a page on this website dedicated to this process. Note that this has to be completed by an approved physician. Lastly the results you will need to take to the US Embassy when you go for the interview process. Note that you should not open the results as the Embassy will only accept the sealed documents.

Other Documents:

Collect required documents such as:

– Valid passport.

– Birth certificate.

– Police certificates from all places lived since age 16.

– Evidence of relationship.

Lastly note that the Form I-134, Affidavit of Support you might also need to complete. Speak to our immigration lawyer in Bangkok for more information. Likewise, this form demonstrates the US citizen petitioner’s ability to financially support his/her Thai fiancée. Lastly, this includes information about your income, assets as well as your employment.

Step 5: Schedule and Attend the Visa Interview

Note that the visa interview appointment has to be scheduled. You will need to ensure that you have all your documents with you. These include all the receipts to show that everything, such as government fees have been paid. Note the medical records as well as all the documents you have submitted before. Likewise, the consular officer will ask questions to verify your relationship and eligibility. Be prepared to discuss the relationship in detail and provide evidence of ongoing communication and plans for the future. Lastly, also see the interview questions on this website as well as the police certificate from the Royal Thai Police.

Once the visa has been approved, the K1 visa is typically issued within a few days. If additional information or documents are needed. Then, the case may be placed under administrative processing, which can delay the issuance of the visa. Likewise, your Thai fiancée needs to obtain a Thai passport.

Step 6: Enter the United States

Note that once you have the K1 visa from Thailand you can now enter the US with this visa. Normally the visa is only valid for 6 months so you will need to get married before the visa expires. Always keep your documents in a folder in the event that it is needed when entering the United States. The US Customs and Border Protection officer will admit your Thai fiancée under his/her K1 status.

You will need to get married within the 90 days once entering the US. Should you fail to get married she/he will need to leave the US as the visa will expire. Likewise, once you got married you will need to make use of the Form I-485. This will allow your Thai spouse to apply for adjustment of status to become a permanent resident. This is also called the green card holder by filing Form I-485. This is the application to register permanent residence or Adjust Status.

Supporting Documents:

Submit required documentation, including:

– Copy of the marriage certificate.

– Form I-864, Affidavit of Support.

– Medical examination results (if not already submitted).

– Biographical information.

– Form I-765, Application for Employment Authorization to seek employment

– Form I-131, Application for Travel Document: This form (Advance Parole)

Firstly, note that your Thai spouse will also need to be scheduled for a biometrics appointment. This is to provide fingerprints, photographs as well as his/her signature. Likewise, there is also an interview as the USCIS may require an interview to further verify the marriage and the eligibility of the foreign spouse for adjustment of status.

Once approved, your Thai spouse will receive a green card (Form I-551), which grants lawful permanent resident status. Initially, the green card is conditional and valid for two years.

Removing Conditions on Residence

You will need to complete the Form I-751. Note that this will need to be before the two-year conditional green card expires. As a couple you will need to file Form I-751 also known as the Petition to Remove Conditions on Residence. This is to obtain her US permanent green card. This form must be filed jointly by the US citizen and the foreign spouse, along with evidence of a bona fide marriage. Once approved, your Thai spouse will receive a 10-year permanent resident card.

The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.