US Spouse Visa

If you are taking your Thai wife back to the United States. Then you will need to consider your US visa options while in Thailand. There are three options that you have. There is the standard K-3 visa from Thailand as well as the CR1 visa from Thailand and lastly the IR1 visa from Thailand. You can start the document collection anywhere in Thailand. This could be in Bangkok, Pattaya or Isaan where most times the documents needed will be collected from your Thai spouses’ village.

Below is a basic breakdown of the process for each visa. When done speak to our immigration lawyer in Bangkok for further assistance in this regard.

K-3 Visa: Process and Timeline

The K-3 visa from Thailand is used to take your Thai wife back to the United States. See the process on this website for more information on the K3 visa and the process to take her home.

Process

Firstly you will start with the filing of the Form I-130. This is the Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). Once the form has been completed, you will need to follow this with the next form.

Secondly there is also the filing of Form I-129F. Note that when she applies for the K-3 visa, the U.S. citizen spouse must also file Form I-129F, Petition for Alien Fiancé(e), even though the foreign spouse is not a fiancé(e). The form is used in this context to facilitate the K-3 visa process.

Thirdly once the Form I-129F has been approved by the USCIS. You will note that this petition is sent to the National Visa Center (NVC), which then forwards it to the U.S. embassy or consulate in the country where the foreign spouse resides.

Lastly there is the visa interview. Your Thai wife is required to attend the interview. See the full process on the K3 visa from Thailand on here. There are also all the documents such as the sealed documents from the hospital of your medical exam, as well as the criminal record check. Likewise, also take all your documents with you to the interview. Should the interview be a success the K-3 visa will then be issued.

Finally when she arrives in the United States, there has to be an adjustment of status. This is to ensure that she then becomes a lawful permanent resident (LPR). This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Likewise, the timeline for obtaining a K-3 visa can vary widely. On average this will take 6 to 9 months from the filing of Form I-130 to the issuance of the K-3 visa. Lastly the subsequent Adjustment of Status process can take an additional 8 to 14 months.

CR-1 Visa: Process and Timeline

Unlike the K3 visa, the CR-1 visa (Conditional Resident) is an immigrant visa for spouses of U.S. Citizens, that being you. Your Thai wife can apply for a CR1 visa if you have been married for less than two years. This US visa will grant your Thai spouse conditional permanent resident status upon entry to the United States.

Process

You CR1 visa from Thailand starts with the filing of the Form I-130. Much like the other visa types. This is to prove a relationship between you are your Thai wife. Remember to include your Thai marriage certificate with your application. Ensure that this has been translated into English language.

Secondly when the form has been approved by the USCIS without a US visa denial or a request for evidence should there be one that has not been resolved. The documents are then sent on to the National Visa Center (NVC), which processes the case and forwards it to the appropriate U.S. embassy or consulate.

Thirdly there is the NVC which could also request various documents. This may include your Affidavit of Support (Form I-864). Likewise, they may also want to check if you qualify finance on the US poverty guideline for your state. These documents must be submitted before the case can be scheduled for an interview.

Lastly your Thai wife will need to attend the interview with her police clearance certificate as well as her medical exam must be done before interview as the hospital will send a report directly to the US embassy. The visa will then be granted and she will become a United States as a conditional permanent resident when she enters the US.

The removal of the conditions for residency will need the completion of the Form I-751 also known as the Petition to Remove Conditions on Residence. Note that this must be done within the 90-day period before the two-year anniversary of their entry into the United States.

Finally, in terms of the timeline a CR-1 visa can range from 10 to 18 months from the filing of Form I-130 to the issuance of the CR-1 visa. The final process of removing conditions on her CR1 visa takes an additional 6 to 12 months.

IR-1 Visa: Process and Timeline

See the writing I wrote above on the K3 visa as well as the CR-1 visa. Note that the IR1 visa from Thailand is different. The IR-1 visa (Immediate Relative) is an immigrant visa for your Thai spouses of U.S. Citizens, being you. You and your Thai wife have been married for more than two years and registered your marriage in Thailand. This visa grants her immediate permanent resident status upon entry to the United States, without the conditions that apply to the CR-1 visa.

Process

The IR-1 visa starts with the filing of the Form I-130 much like others. This is also done with the USCIS. Once the documents have been approved, the documents are then sent to the National Visa Center (NVC) for further processing. Note that they can request additional documents such as the Affidavit of Support (Form I-864). Double check the US poverty guideline for your State.

Firstly much like other visas there is the visa interview. You will need all your documents again with the criminal record check as well as medical exam. The visa will then be issued after this. Your Thai wife will now enter the United States as a permanent resident.

Lastly you will note that the IR1 visa timeline for obtaining an IR-1 visa is similar to that of the CR-1 visa, typically ranging from 12 to 18 months from the filing of Form I-130 to the issuance of the IR-1 visa.

Similarities and Differences Between K-3, CR-1, and IR-1 Visas

Firstly, the purpose of the visas are the help you as a US citizen to take your Thai wife back to the United States. They all start with the same process with you are the U.S. citizen spouse filing Form I-130. The submission of the documents are also the same. The criminal record check as well the medical exams and photos and letters. Finally, they all end in the US embassy interview.

Differences

K-3 Visa: Non-immigrant visa, allowing the spouse to enter the U.S. and then adjust status. There will be additional costs in the US and more documents to complete.

CR-1 Visa: Immigrant visa granting conditional permanent resident status for marriages less than two years old.

IR-1 Visa: Immigrant visa granting immediate permanent resident status for marriages over two years old. Most expats take this option as they wish to complete everything while in Thailand.

Timelines

K-3 Visa:

Generally quicker initial entry but requires subsequent Adjustment of Status, leading to a longer overall process. This is the most common US spousal visa from Thailand.

CR-1 Visa:

Takes longer initially but grants conditional permanent resident status upon entry. Some do take this offer as well as they have the time to take the process further while in Thailand.

IR-1 Visa:

Similar timeline to CR-1 but grants immediate permanent resident status upon entry. Very few take this option as these are mainly expats going back home with their wife. Completing the entire process here makes sense for them.

Status Upon Entry:

K-3 Visa:

Non-immigrant status. When back in the US she must apply for her Adjustment of Status.

CR-1 Visa:

This is the Conditional permanent resident status. See above which documents need to be filed.

IR-1 Visa:

Immediate permanent resident status. There is not much to do as she is also allowed to work.

Subsequent Processes:

K-3 Visa: Requires filing Form I-485 for Adjustment of Status.

CR-1 Visa: Requires filing Form I-751 to remove conditions on residence.

IR-1 Visa: No additional forms required for removal of conditions as it grants permanent resident status directly.

Conclusion

Likewise understanding the differences and similarities between the K-3, CR-1, and IR-1 visas is crucial. You will need to decide which visa is best for you. The options are that you wait a bit longer if you are married for more than two years and have less paper to file when back in the US. Alternatively, you can file your documents while in Thailand and complete most of it here. Lastly you can speak to our immigration lawyer in Thailand for more sage advice.