The K1 Visa was designed to allow you (if you are an American citizen) to bring your Thai fiancée to the US for the purpose of marriage. Once granted, your fiancée will have six months to travel to the US. Upon arriving in the USA, your Thai fiancée should marry within ninety days and file for adjustment of status or depart the US if the visa expires.
As a first step, you must submit the K-1 Visa Petition to the USCIS Service Center with jurisdiction over your place of residence. This will be submitted to the USCIS Service Center located in either Vermont or California.
USCIS will send a letter after submission called Notice of Action 1. This letter will basically confirm your submission of the application. It will generally take about 2-3 months for USCIS to process the petition. Oftentimes USCIS will reject a petition because the petition was filed with incorrect documentation or insufficient documentation. For this reason it may be wise to consult with a lawyer as you go about the application.
After you file the I-129f petition with the USCIS office the waiting begins. It usually takes USCIS about 2-3 months to process the I-129f petition. However, the processing time depends upon where the petition was filed. At the time of this writing the Vermont Service Center has a faster processing time than the California Service Center while filing in Bangkok can expedite the process, if you are allowed to file there.
After USCIS finishes processing the I-129f petition they will you the Notice of Action 2. This document essentially states the decision of the processing of the application, whether it was denied/ approved.
The visa usually lasts for 6 months. Once in the USA you and your Thai fiancée must get married within 90 days or your Thai fiancée must leave the country.
It takes about 6 months from the time you submit the K-1 Visa petition with USCIS to the time your Thai fiancée obtains the actual K-1 Visa at the US Embassy in Bangkok. The process can vary according to each specific case. It will really depend on how long it will take for the USCIS and the foreign consular to process the application. Errors made by the petitioner or the fiancée can also postpone the process a great deal, so it’s best to avoid that. It is important to make sure everything is correctly filled out and all the necessary documents are submitted. Our firm can expedite the process so that your fiancée can come with you to live in the United States sooner.
The K-1 visa cannot be extended beyond the 90-day period. The visa is only good for one entry into the United States within six months of its issuance. The visa is issued only when both parties are fully aware that they must marry within 90 days of the fiancée’s arrival in the United States. The fiancée visa will only be granted to an individual who takes an oath that he/she has true intent to marry the U.S. citizen. Though you are not required to wed, your fiancée will be sent back to his/her country abroad if the wedding does not occur within the allowed time.
US K-1 Fiancee visa can be rejected if:
The granting of a visa can be delayed if the US Consular Officer has concerns regarding any of the issues above and/or needs additional information.
There’s still hope should your Thai fiancée be found inadmissible. They could be entitled to obtain a waiver of the grounds of inadmissibility. An I-601 waiver form should be filed to get a waiver for your fiancée. However, this form can only be filed after a consular official has concluded that a ground of inadmissibility exists as per the Immigration and Nationality Act. If the application of your Thai fiancée was denied in Thailand, the I-601 petition must be filed with the USCIS Bangkok District Office.
According to the said waiver of grounds of inadmissibility, the consistent refusal to allow the Thai fiancée to enter the United States will cause “extreme hardship” to the U.S. Citizen. The term “extreme hardship” is never defined in the statute. Although, it can be implied that the hardship must be over and above mere everyday difficulty to equate with the term “extreme.” This “extreme hardship” must also fall upon the US citizen, and not the Thai fiancée, in order to entitle the latter to a waiver.
While it is possible for you to obtain a fiancée visa without any legal assistance, it can be very difficult. You have to rely on information on the internet, which may be outdated as immigration laws and procedures are constantly changing. Consulting with Siam Legal Thailand’s team of competent lawyers will expedite the process because of their knowledge of the current regulations and familiarity with the immigration process. Thus, your fiancée’s immigration papers will surely be processed faster with the help of Siam Legal.
Alternative visa services do not offer the same competent advantages that a law firm does. Siam Legal Thailand can offer sound legal advice apart from the knowledge of the application process. Check their K-1 visa in Thailand page. You can be assured that the lawyers always have to follow the regulations of the state bar association, so you are assured that there is no illegal transaction being done. Lastly, other services are not always cheaper and some even charge the same fees as a law firm. You could use the same amount to pay a law firm like Siam Legal Thailand for quality consultancy.