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K1 Fiancé(e)
Visa |
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Q:
What is a K-1 visa? How different is it from a K-3 visa? |
A:
A K-1 visa is intended for an American citizen's fiance (fiancee)
with the condition that the American citizen and fiancé
will be married within 90 days of the fiance (fiancee)'s arrival
in the USA. If the parties are not married within 90 days
the fiancé(e) is required to return to the USA. A K-3
visa is for a foreign national who has already married an
American citizen. |
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Q:
Is a K-3 Visa faster to obtain than K-1 Visa? Can I get fiance
(fiancee) to the USA faster by marrying him/her? |
A:
Not necessarily, first of all a marriage is required to be
registered at the local district administrative office and
these documents must be translated in order to prepare a K-3
visa, thus involving a separate procedure. We need to prepare
an additional step to obtain an immigrant number to file a
K-3 visa. |
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A:
The petitioner must be a U.S. citizen; you have met your fiance
(fiancee) in person within the previous two years; both you
and your fiance are legally free to marry; you meet certain
minimum income requirements; your fiance (fiancee) does not
have a criminal record; your fiance (fiancee) has not violated
certain U.S. immigration laws; and your fiance does
not have a communicable disease. |
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Q:
I am an American citizen. Can I file a fiancé visa
on behalf of my Thai girl/boyfriend? |
A:
The procedure for bringing your fiance to the USA is to file
a petition on your fiance (fiancee)'s behalf. After the petition
is approved, then your fiance (fiancee) may apply for the
visa at the US Embassy in Thailand. |
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Q:
If I am an American citizen vacationing in Thailand may I
submit the petitions to a Department of Homeland Security
Office in Thailand? |
A:
No. Unless you are an official resident of Thailand, you must
file the petition in the District office for your location
in the United States. |
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| Q)
Do I need a US-based lawyer or a local Thai firm to handle
my US visa claim? |
A:
Many people think it is necessary to hire an American-based
lawyer to represent them. Unknown to many, all paperwork for
tourist or minor business visas is handled by consulates and
embassies in Thailand. For marriage and fiancé visas,
90 % of the work is done in Thailand. The only work done in
the USA is the initial petition that must be sent to the USCIS.
This petition is straightforward and once made, all the remaining
work is done in the country of origin, Thailand. Since most
of the work is done in Thailand, it makes better sense to
hire a US immigration attorney based in Thailand. |
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Q:
How long does it take to obtain a K-1 Visa? |
A:
Processing the initial petitions in the Department of Homeland
Security normally takes longer than applying for a visa based
on an approved petition. The entire processing time of a petition
for a K-1 visa may take from 4 to 7 months. Once the petition
is approved a packet of materials is sent from the US Embassy
to the Thai fiancé. The processing of the visa application
can take from 3 to 6 weeks. |
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Q:
My fiance (fiancee)
has children. Do I need additional visas to bring them over? |
A:
The unmarried, minor children (under 21) of a K-1 beneficiary
derive "K-2" nonimmigrant visa status from the parent,
so long as the children are named in the petition. A separate
petition is not required if the children accompany or follow
the alien fiancé within one year from the date of issuance
of the K-1 visa. Thereafter, a separate immigrant visa petition
is required. |
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Q:
Why should I hire your firm for my US visa application? |
A:
Our Thailand-based law firm is managed by a licensed US Immigration Lawyer who has over 20 years of experience and is a member
of the American Immigration Lawyers Association (AILA).
All of our Thai attorney staff are licensed lawyers who
are members of the Thai bar society. We have over 80 years
of collective experience in both Thailand and America and
we have handled many US visa cases in Thailand successfully.
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