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This post is meant to provide information regarding the many facets of the US Immigration process for Thai Fiancees. All over the world wide web there are websites which claim expertise in US Visas from Thailand. The intention of this piece is to simply provide information and insight.

The process of obtaining the K1 is time consuming and can cause frustration. In certain instances, a Thai-American couple will wait between 5-6 months before obtaining approval from USCIS. Upon approval, the application must be sent to the National Visa Center and then finally, in the case of Thai fiancee visa applications, to the file will be sent to the US Embassy in Thailand. For many, this process can be aggravating. In a large number of instances, the wait eventually ends and the visa application is approved.

Once the visa is issued, some American Citizen fiances become concerned about the information and dates noted on the visa itself. A major source of anxiety for some is the note on the visa which says, “K1 Petition Expires Month Day, Year.” Many American Citizens mistakenly believe that this is the end of the visa’s validity. As a practical matter, the visa is valid for going to the USA until its expiration. As a rule, K1 visas are valid for six months. Although, they could be issued with more or less validity as it is technically at the discretion of the Consular Officer adjudicating the case at the United States Embassy in Bangkok.

The expiration date of the visa can cause confusion as well. The K1 visa is valid for six months after issuance. That being said, upon arriving in the United States and being admitted at the port of entry the K1 visa holder is only entitled to 90 days presence in the United States (it should be noted that if the visa holder does, in fact, marry the American and apply for adjustment of status, then she would be entitled to remain indefinitely provided the adjustment of status is approved and any conditions are lifted). Some people, after being issued the K1 fiance visa, are puzzled by these different dates. Two critical factors to remember: the K1 may be utilized for 6 months after it is issued, but it only provides 90 days of lawful status upon entry. If the couple does not marry within 90 days, then the Thai fiancee will need to depart the USA before the visa’s expiration.

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For those researching Immigration lawyers in Thailand, there seems to be one key concern: how do I know that my Thai fiance is receiving correct and competent legal advice from a professional? The answer: ask to see some credentials. Similar to a policeman asking a driver to produce a drivers license, a prospective client should not feel shy about asking to see their future attorney’s licenses in order to verify their credibility. Further, ask the attorney what law school they graduated from and in which state he or she is licensed and in good standing to practice law. If the person in question evades the inquiry or becomes hostile, then this might be a sign that the person is hiding something…or is not what they say they are. If he or she provides the name of their state of licensure, then go to the internet and search for the bar association or Supreme Court of that state. Every state maintains a database listing all of the attorneys licensed in their jurisdiction. If the “attorney” is not on this list, then further inquiry may be required.

Usually at this phase, most people would wonder: “Am I going to trust my Thai fiance to an operator who fabricates information about their legal credentials?”

US Visa rules and regulations are a complicated area of law that seems to constantly remain in a state of flux. On the face of it, American visa law appears very simple and there are some who maintain that it is simply an exercise in “filling in paperwork.” However, upon further investigation, one will quickly see that it is a narrow and deep area of legal practice, filled with pitfalls for the unwary. Failure to be one hundred percent honest in an application can lead to unintended consequences. Pose this question to yourself, “should I place my thai fiancee in the hands of a person who instructs her to lie to the U.S. Government?”

Ignorance of relevant immigration rules and deadlines can lead an unwitting couple into a situation where they are unable to achieve their immigration goals in the time frame they desire. When seeking immigration advice, steer clear of so-called, “visa specialists” as they are not qualified to represent an applicant before USCIS. The operators to be most on the lookout for often use the even more sinister tactic of claiming to be an actual attorney when in fact they are unlicensed and often have not even graduated from an accredited law school in the US. An unethical operator such as this ought to be dismissed out of hand, because they can cause problems in a case due to lack of expertise and where something does go wrong, even where it is no fault of theirs, they still are unable to remedy the situation because USCIS will not correspond with an unlicensed agent. Only a licensed attorney will have the credibility to provide follow-up documentation in a 221g refusal at the US Embassy.

To learn more about this and other Immigration matters please see: K1 Visa Thailand.

Technorati Tags: Fiance Visa, K-1 Visa, K1 Visa, K1 Visa Interview, My Thai Fiancee, Us Embassy Bangkok, US Embassy Thailand, US Immigration