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Article Directory :: Legal Articles
When people begin researching US Visas for Thai wives and fiancées one of the first Visas they learn about is the K1 Fiancée Visa. The K1 Visa was designed to allow an American Citizen to bring a Thai Fiancée to the USA for the sole purpose of marriage.
Once married the couple can file for adjustment of status and thereby obtain a US Green Card for a Thai loved one. Americans seeking a K-1 Visa for a Thai often become frustrated because the process can be complicated. Hopefully this piece will shed some light on the subject.
The I-129f petition for a Thai Fiancée
The I-129f petition is the petition used to apply for a K1 Visa with USCIS (formerly known as US Immigration). This petition requires basic information regarding both the US Citizen Petitioner and the Thai Fiancée Visa beneficiary. Under a law called the International Marriage Brokers Regulation Act, a US Citizen who has applied for multiple K-1 Visas in the past is ineligible to petition for another K-1 Visa. This restriction can be waived, but advice of a competent Immigration Attorney is advisable when seeking an Immigration waiver.
The Fiancée Visa Interview at the US Embassy in Bangkok
A major hurdle when applying for a US Fiancée Visa is the visa interview at the US Embassy in Bangkok. Although consular officers are not looking to confound a Thai visa applicant, they are required to perform due diligence in order to ascertain if a visa seeker is truly in a bona fide relationship with a US Citizen. Evidence of a bona fide relationship between a Thai fiancé and a US Citizen includes: pictures, phone records, boarding passes proving that the Thai/American couple has met in the past 2 years, email records, and anything else that proves the existence of an ongoing relationship. Thai Fiancée enters the US at an Immigration port of entry
The final step for bringing a Thai fiancée to the US is the Immigration check point in America. Generally this is a formality and the Thai fiancée will be stamped into the country without incident. However, it should be remembered that US Immigration officials have the authority to turn anyone away at the border, so a Thai fiancée should be polite and answer any questions the officers ask.
For any questions or concerns regarding the K1 Visa process or other Immigration Issues it is always advisable to seek advice from a competent licensed attorney.
Benjamin Hart is a licensed American attorney and member of AILA. He currently lives in Bangkok Thailand where he works for Integrity Legal, a Law Firm practicing with offices in the United States and Thailand. For more information please see US Visa Thailand or Fiancee Visa Bangkok
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