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We have explained all the different notice of action notices that you can get from the US immigration system. We have also covered the basics of the K1 visa and you can see this also listed below. Firstly, the K1 visa is the most common US visa applied for from Thailand. Below you will see the basic process for the US visa from Thailand.
The aim of the K1 visa was to allow you to bring your Thai fiancée to the US to get married. This visa allows you to bring your Thai fiancée to the US and then to get married within 90 days. Once married he/she can then go through the process to apply for a green card at the end. There are a number of steps for this.
Form I-129F (Petition for Alien Fiancée)
We will start with the Form I-129F or also called the petition for alien fiancée. This starts with completing the form for this with the USCIS. This is where the process starts. You will need to provide evidence to show that the relationship is genuine and not a scam marriage. As the US petitioner you will also need to show that you meet the financial requirements for the visa application.
The following step will be the Form I-134 which is the affidavit of support. This shows the government that you can financially support your Thai fiancée. Likewise, you as well as your Thai fiancée will not end on the US welfare system.
The Form I-131 is used to apply for a travel document. Much like in Thailand where you have a re-entry permit. Although not directly part of the K-1 visa application. This might be needed should your Thai spouse needs to travel to Thailand as an emergency.
Should your Thai spouse want to work while in the US. He/she will need to apply for the employment authorization first. This is found with the Form I-765. This application allows for employment authorization. Note that while in the US on a US visa you will need to apply for this first. Lastly also note that the difference between the CR1 and the IR1 visa as one does not need this as they can work without the use of the employment authorization.
Once you are married, as a U.S. citizen, your Thai spouse being the K-1 visa holder can file Form I-485 to adjust her visa status. He/she will then adjust from a non-immigrant to a permanent resident status. He/she will then be called a green card holder. Note that much like when the visa process started. You will again require to show evidence of your marriage and other documentation.
The green card is as explained above. You will have the Form I-551 which is also known as the green card. This will be issued to you once you have completed your application for permanent residency. This is by completing the Form I-485 and it has been approved. Likewise, your Thai spouse will now have proof of being a lawful permanent residency in the United States.
You will note that the Form I-797 is the Notice of Action. This is part of the US visa process. It is the USCIS telling you that they have received your documents. So, let’s take a look at all of them from here. Let’s see the different types of notification.
Form I-797C is the most commonly encountered version of the Notice of Action. It serves various functions, including:
Firstly, it can be used as a receipt notice. This occurs when the USCIS receives your Form I-129F, they will then issue you with a Form I-797C as a receipt notice. This will serve to confirm that the petition has been received and provides a receipt number for tracking. It’s crucial to keep this notice safe, as it contains important information for checking the status of the application.
This can also be used with the Request for Evidence (RFE) notice. Should the USCIS require any additional information or documentation to process the petition, they will issue an RFE using Form I-797C. The RFE will detail what is needed and the deadline for submission. Responding to an RFE promptly is essential to avoid delays or denials.
Likewise, there is also the Notice of Intent to Deny (NOID). Should there be significant issues with your petition then the USCIS may issue a NOID. This is to inform you are the petitioner of their intent to deny the application. Likewise, the NOID will specify the reasons as well as provide an opportunity to address their concerns.
In addition, this can also be used as a transfer notice. When the petition is transferred to a different USCIS office or service center. Likewise, the Form I-797C will notify the petitioner of the transfer. This ensures that the petitioner is aware of where their case is being processed.
Note that the Form I-797A is typically issued as an approval notice for applications involving adjustments of status or extensions of stay. Likewise, this also includes an I-94 Arrival and Departure Record if applicable, which is important for tracking the foreign national’s status.
Additionally, the Form I-797B is used for approval notices that do not include an I-94. This form is often issued for non-immigrant worker petitions. These would typically be the H-1B visas.
Additionally, the Form I-797E is specifically used for Request for Evidence as well as other requests related to the processing of the petition. It serves a similar function to Form I-797C but is used in specific contexts.
Lastly the Form I-797F is a transportation letter. This letter is issued to refugees or asylees who need to travel abroad. It serves as a temporary travel document and is not typically used in the K-1 visa process.
To recap the process for your K1 visa from Thailand. Be this from Bangkok or Pattaya. The process starts with the filing of the Form I-129F. You are the U.S. citizen petitioner submits Form I-129F to USCIS for your Thai fiancée. This step includes providing evidence of the relationship and proof of U.S. citizenship.
Secondly the USCIS Processing and Approval steps come next. The USCIS processes your petition and once it has been approved. They will then send you the Form I-797C as a receipt notice. If they require any additional information, they will send a request for evidence.
Thirdly there is the consulate processing step as well. The USCIS approval allows your case then to be forwarded to the National Visa Center. Once this is done it will be forwarded to the U.S. consulate or embassy in Thailand. Your Thai fiancée will need to attend the interview and provide any additional supporting documents.
Fourthly they will then issue the K-1 visa in Thailand. Your Thai fiancée can now travel to the US to get married to you within 90 days after arrival. Lastly, there will be the marriage as well as the adjustment of status when back in the United States. Once you have been married you will need to file the Form I-485 to adjust her status to permanent residency.
Once this has been issued and the Form I-485 has been approved. Your Thai spouse will then receive the Form I-551 which is the green card, granting them permanent residency.
The most common issues tend to be incomplete documentation. You must always ensure that the documents are complete an accurate as well. Errors or incomplete documents create delays. As an example, you might have a translated document however the translator has not identified themselves with their address and contact details. These create delays as they will be requesting evidence which adds to the delays.
Secondly you will need to respond to requests in a timeous manner. Depending on how long you take to respond to the requests will create additional delays. The request for evidence as well as the notices need to be responded to avoid processing delays.
Thirdly, always maintain communication. You must keep all the documentation you have given them as well as all their responses. This will be requested again when you go for the interview in Bangkok as well as the receipts to show that all your government fees have been paid.
Lastly, always take proper legal advice as immigration is complicated. Always take advice from an immigration lawyer in Bangkok if you are taking your Thai fiancée or Thai wife home. Trying to complete this yourself will cost you more and the delays may end in a visa denial or rejection.
If you are going to visit the United States, then you can see the overview of the visa process on here under the article called the US visitor visa from Thailand. There is also specific articles on the B1 visa application as well as the B2 visa application. There are also those who might need to look at the Affidavit of Support or Form I-134 as well as other documents.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.
