Q:
My Thai fiancé and I have decided to marry. Is it
better to apply for a K-1 fiancé visa and marry in
the US or to get married in Thailand and apply for a K-3
marriage visa?
A:
If a marriage took place outside the US, the foreign bride
or husband must obtain a marriage visa to enter the U.S.
If an overseas marriage does not work out for any reason,
you must still obtain a divorce or annulment of the foreign
marriage. An overseas marriage can complicate a divorce
or a future marriage to someone else.
By
comparison, the K1 fiancee visa allows the foreign
fiancé to enter the U.S. for a period of up to 90
days before marriage. This allows the fiancé time
to adjust to his/her new life in the US and relationship
to you in this environment. If that adjustment cannot be
made, the couple does not marry and the fiancé returns
home. Both remain eligible to freely pursue other relationships
without the need for a divorce.
Sometimes
the foreigner is already in the US and wants to marry an
American citizen while in the US. In this case a K3 visa is often still required, depending on the situation. In
conclusion, there are no hard and fast rules of which approach
is better; the best choice depends on your individual preference
and situation.
Q:
Why is it advisable to hire an attorney for my K-3 marriage
visa application?
A:
Hiring a qualified attorney to file the application
is the best guaranty for a hassle-free and speedy K-3 marriage
visa. Filing the application yourself is of course more
economical and if your application is simple and you have
the time, there are various sources of information to guide
you, such as the
USCIS homepage. If fees (or the lack thereof)
are the issue, most states have non-profit legal aid clinics
that may assist. However, a USCIS visa application is a
legal document and US immigration law is both vast and complex.
Although some people may consider form-filling routine,
legal obstacles arise on a fairly consistent basis and knowledge
of the law is often required.
Q:
Who is eligible for a marriage visa?
A:
The foreign spouse of any U.S. citizen is eligible for a US
marriage visa. The couple must be legally eligible to marry and
must have married according to the laws of the place of
marriage. The marriage can occur either in the US or in
a foreign country.
Q:
What are the requirements for a K-3 marriage visa?
A:
1) The petitioner must be a United States citizen; 2) Both
the petitioner (U.S. citizen) and the Thai spouse have been
legally married according to the laws of the country in
which the marriage took place; 3) The U.S. citizen petitioner
must meet a minimum income requirement that is the poverty
level set by Congress. If the petitioner cannot meet these
requirements, the petitioner is allowed to use a co-sponsor
who does meet them; 4) The foreign bride or husband must
pass a medical exam at a clinic approved by the U.S. Consulate
that is processing the K3 spousal visa application. The
foreign spouse must not have any type of communicable disease
or serious mental illness; and 5) The foreign bride or husband
must also not have a criminal record. Some arrests and/or
convictions are exempt from this requirement.
Q:
Can a K-3 visa holder work in the United States?
A:
As a K-3 visa holder, you can file form I-765, Application
for Employment Authorization with the USCIS that serves
the area where you live for an employment authorization
document (work permit).
Q:
How long does it take for the K-3 visa to be approved?
A:
For a standard case, the whole process would take 5-8 months. The length of time varies from case to case according to
its circumstances. The time it takes each USCIS office and
each consular office to process the case varies. Some cases
are delayed because the applicants do not follow instructions
carefully or supply incomplete information. In addition,
the embassy or consulate may need to get security clearances
for the applicant and these clearances often take time.
Q:
What if the applicant is ineligible for a visa?
A:
Certain conditions and activities may make an applicant
ineligible for a visa. Examples of these ineligibilities
are:
• Drug trafficking
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the
government
• Submitting fraudulent documents
The consular officer will inform the visa applicant if he/she
is ineligible for a visa, whether there is a waiver of the
ineligibility and what the waiver process is.
Q:
Are the children of the foreign spouse eligible?
A:
Any child of a foreign bride or husband can qualify for
a K4 visa as a dependent, provided that the child is not
married and is under the age of 21 years.
Q:
Can those with K-3 and K-4 visas change to another non-immigrant
visa category in the United States?
A:
K-3/K-4 visa holders cannot change status in the United
States to another non-immigrant visa category.
