FAQ
Newsletter October - December 2005
Q:
I’ve already filed a K-1 petition for my Thai fiance
( or fiancee ). Can I still apply for a visitor visa if
my Thai fiance ( or fiancee ) does not come from a visa
waiver country?
A:
In general, you will not be eligible for a visitor visa
if you have already filed an immigrant (or K-1) petition.
To get a visitor visa, there must be sufficient proof for
the US consular officials to determine that there is no
immigrant intent on the part of the applicant. A petition
that has been filed for a K1 visa would typically be viewed
as establishing that the applicant has immigrant intent
and hence not eligible for a visitor visa.
Q:
I would like to have my Thai fiance ( or fiancee ) visit
the USA but we do not intend to marry in the USA. Can I
apply for a fiance ( or fiancee ) visa for this purpose?
A:
A K-1 visa requires the Thai fiance ( or fiancee ) to have
an intention to marry within 90 days of entry into the US.
If this does not take place, your fiance ( or fiancee )
is required to leave the US before the expiration of the
90-day period. Please also note that until the marriage
takes place, your Thai fiance ( or fiancee ) is considered
a non-immigrant. He/she may not obtain an extension of the
90-day original nonimmigrant admission. The US government
takes a dim view of using a fiance ( or fiancee ) visa as
a substitute for a tourist visa. The couple are required
to have a genuine intention.
Q:
I am applying for a K-3 marriage visa for my pregnant wife.
Our child will be born before my wife enters the US on her
K-3 visa. Am I required to apply for a separate visa for
my unborn child?
A:
The child of a US citizen, whether born in Thailand or another
country, has the right to apply for US citizenship. If the
child lawfully obtains US citizenship, he/she does not require
a visa and he/she has the right to apply for a US passport.
Q;
My friend told me that he had tried to handle the immigration
case himself. His fiancée was scheduled for an interview
appointment at the US Embassy in Bangkok after two months.
However, they were told that a second interview appointment
was required in another two months. Is this normal?
A:
Once the packet from the USCIS arrives at the Bangkok US
Embassy, it is sent to the Thai fiance ( or fiancee ) (
or representative ). He/she will have to file the preliminary
documents immediately to obtain an appointment date for
an interview. If no problems arise, the Thai fiance ( or
fiancee ) will receive an appointment date and if everything
is in order, he/she will receive the visa on the same day
as the appointment. In your friend’s case, it is likely
that he and his fiancée encountered some problems
with the application during his first appointment date at
the Embassy. Therefore, an additional appointment was required.
The waiting time for an appointment date is about one to
three months from the initial submission of documents to
the US Embassy in Bangkok. Normally, only one interview
date is necessary.
