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This is a US Visa comprehensive guide overview. This is a broad overview of the US visa process. This can be for your Thai wife or your Thai fiancée. There is also an overview of the US tourist visa from Thailand as well. There are also notes that we have made on the Request for Evidence, the Motion to Appeal when the application is denied. Likewise there is also the article we wrote on child custody in US visa applications. Lastly also see the US medical exam articles as well.
There are a number of visa options here. These are the fiancé visa Thailand for your Thai fiancée. Likewise there is also the K2 visa as well. This visa is children’s visa for those who have a parent who are applying for a K1 visa. Secondly there is also the visa for your Thai wife. You can either have a K3 visa for your Thai wife. The child visa connected to this is the K4 visa. Thirdly there is also the CR1 visa and its child visa called the CR2 visa as well. Finally there is the IR1 visa and the IR2 visa for the child.
As you will know that if you wish to take your Thai fiancé back to the US that you will need a K-1 visa from Thailand for this. Your Thai girlfriend may then enter the US to get married to you within 90 days. You will need to get married and this starts with you filing the Form I-129F (Petition for Alien Fiancé) to initiate the visa application.
The income requirement for the fiancée visa is an important issue. Each State has a different level of income requirement. So you will need this information when you start the process. Note that the minimum income that is at least 125% of the Federal Poverty Guidelines. This except for active military personnel who needs to meet 100%. Lastly as an example see the 2024 income requirement was for a household of two is approximately $25,550. See the income requirement for K1 visa as well.
The divorce rates or failure rates from the K1 visa marriages are 20% of those reported within the first two years of the marriage. This was from a 2012 study by the Department of Homeland Security. Mixed cultural marriages, financial stress and not being able to adapt with unrealistic expectation leave you with a very high failure rate. You can see this under the article that we wrote on divorce rates in Thailand.
Likewise when it comes to the petitioner who has a criminal record. This could complicate the K-1 visa application. While a criminal history does not automatically disqualify a petitioner, it may lead to increased scrutiny during the application process. For those who have domestic violence you should best speak to an immigration lawyer on the issue.
If your Thai fiancée has children then her child or children will need a K-2 visa to join their mother in the United States. The K-2 visa is not on its own but it is coupled to the K-1 visa of their Thai parent. Note that the K-2 visa requires that the child is unmarried and under the age of 21. Likewise if they are older than 16 years they will also need a criminal record check. The other documents you will need is the birth certificate to prove that the child and the mother are related. You can find more on this under the K2 visa on here.
You can also see the questions that they might ask the child. You can see the article on K2 visa questions on this website. They will cover such issues as the relationship to their parent as well as their living arrangements. They will also want to know what their plans are for the United States. You might want to look at some of these questions so that they don’t make mistakes while being nervous. This of course depends on the age of the child.
If you are already married to your Thai wife. Not the traditional Thai wedding but a legally registered marriage with a marriage certificate. This K3 visa allows you Thai wife to enter the United States. The K3 visa starts with the filing of Form I-130 (Petition for Alien Relative) and Form I-129F. Note that the processing times can vary significantly. So you can expect a wait time of between 6 to 12 months. Note that the K-3 visa is typically granted faster than the CR1 visa or the IR1 visa.
A common question is, “K-1 vs K-3 visa?” You will note that the K-1 visa is for those who are engaged to get married. This while the K-3 is for married couples. Lastly this is going to depend on your marital status at the time of application. Likewise there is also the CR1 visa and IR1 visa for those who do not want much paperwork when back in the US. Most visas in Thailand however tend to be the fiancée visa.
Note that for couple who have been married for more than two years, the CR-1 visa (Conditional Resident) is available. This allows your Thai wife to enter the United States as a permanent resident. Likewise if your marriage is more than two years then the IR-1 visa is applicable. There is also an article on that visa on this website.
The processing time is different. Typically the CR-1 visa takes much longer than the K-3 visa. The processing time is 12 to 18 months. The CR-1 visa allows you wife to enter the United States with permanent resident status. Hence there is no need for additional adjustment of status.
The documents needed for the CR-1 visa would be the following. The essential documents include proof of the marriage as in your marriage certificate. The following will also be needed. These are the Form I-130 (Petition for Alien Relative). This is an application for an American or permanent resident to bring a family member to the United States. Form I-130A (Supplemental Information for Spouse Beneficiary) which gives additional information about your Thai wife. Form DS-260 (Immigrant Visa Application) as well as the Form I-864 (Affidavit of Support) to show you have the financial resources to look after your spouse. See the main page on the CR-1 visa on this website.
If you have applied for a K-3 visa and she has a child or children. Then the child will need a K-4 visa. You should also see the child custody with a US visa on here. The K4 visa will allow the child to move to the US with their mother. If the K3 visa is denied then the K4 will also be denied. The requirements are similar to the K2 visa.
The processing time will vary with this visa. It will be the same as their parents K-3 visa. This is because they are linked. If there is a delay on the mother’s visa then there will also be a delay on their visa. The average time is between 3 to 6 months. See below that incorrect documents and receiving a request for evidence delays the application.
If there are documents that are incomplete there will be a Request for Evidence (RFE). This occurs when the U.S. Citizenship and Immigration Services (USCIS) needs additional documentation to support your application. Note that you will need to read and obtain the documents in a timeous manner. These could range from a translator in Bangkok not placing their credentials on the documents. We certain documents have not been notarized by a notary public. The most common is where the documents in incorrectly completed.
There are also visa denials. You will need to understand why they had denied the visa. They will tell you why the visa was denied and if you can appeal or reopen the rejection. See the articles that we wrote on Motion to Appeal as well as the Motion to Reopen as well. The most common issues are where you have not shown evidence of your relationship. Likewise the financial requirements for the visa might also be the issue. Lastly note the DS-160 (non-immigrant) or DS-260 forms as well. Lastly there is also the Motion to Reconsider which is also another way to have your case reviewed. See the main page for more details on this.
This is basic overview of the visa applications in the country of Thailand. Speak to us about your US visa application today and any questions that you might have. You can speak to us online or drop us an email.
You would also see the US visa under 14 article as well the the directory called the US visa Thailand as well. Likewise there is also the US visa for Thai wife options as well as the article on the US visa denial. Lastly there is also the articles on the US visa appointment Thailand and the US visa interview faq.
