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The K-1 visa was created in order to provide a legal route for alien fiances of US citizens to come to the United States of America in order to be reunified with their US Citizen counterparts. This travel document is usually called a “fiancee visa” because that is this visa’s raison d’etre. The major relative benefit of the K1 visa is that it usually has the fastest processing time when compared to visas such as the K3 Visa and CR1 Visa which are used by couples who are already married. That being said, the K-1 does require that the alien fiance file for adjustment of status to lawful permanent residence within 90 days after being admitted to the United States. In most cases, the adjustment of status process takes approximately one hundred and twenty to one hundred and fifty days from initial petition submission until final decision after the interview.

The I-601 waiver was designed for those who are found to be inadmissible to the US due to one of the legal grounds of excludability found under the provisions of the United States Immigration and Nationality Act. In Thailand, two of the most common grounds of inadmissibility are the result of a factual finding that the alien fiance (or fiancee) engaged in prostitution within 10 years prior to the application’s submission or a finding that the alien fiance (or fiancee) overstayed in the United States and accrued unlawful presence while in the US on a prior visa.

Many inquire: if an alien fiancee is approved for one of the previously mentioned waivers of inadmissibility, then will she ever need to re-adjudicate that issue again? The simplfied answer: no. Subsequent to an approval of an I-601 waiver application the underlying waiver is binding with regard to the facts at issue. Therefore, if the local Office of the United States Citizenship and Immigration Service (USCIS) in Bangkok approves an I-601 waiver application, then that holding, based upon those unique and specific facts, will be respected by other USCIS offices adjudicating later applications that are connected to the alien’s presence in the United States of America.

By way of exampe of how this could play out: a Thai fiance/fiancee is issued a K-1 visa denial letter by the Consular Section at the American Embassy in Thailand based upon a factual finding that a legal grounds of excludability is present in the case. After notifying the Consulate that a waiver is to be sought, the file is then sent to the appropriate USCIS office. Should the I601 waiver petition receive approval, then the file will be remitted back to the appropriate US Consulate. The US Consulate should then issue the K1 visa, and the applicant should go to the United States, gain lawful admission at a port of entry, marry the US Citizen, and submit an application for adjustment of status.

In the previously mentioned scenario, the waiver ought to be recognized by the adjudicating officer during the adjustment of status process and therefore the matter should not be re-visited. An important advantage of filing for a waiver overseas is the fact that it can provide clarity regarding upcoming phases of the process and might also be a benefit because waiver issues will be dealt with in a jurisdiction other than the one in which the US Citizen maintains a domicile.

Technorati Tags: American Visa, B2 Visa, CR-1 Visa, I-601 Waiver, I601 Waiver, IR1 Visa, K1 Visa, US Immigration, US Tourist Visa, US Visa, US Visitor Visa

The K1 fiancee visa has been a popular travel document for those who have a foreign loved one whom they wish to bring back to the United States. In 2009, the K1 visa process remained largely unchanged when compared to 2008. However, there may be changes in store for the K1 visa in 2010. This article looks at the possible changes that couples could expect to encounter in 2010.

For those not familiar with the K1 visa process this is a short overview:

First, a K1 visa petition is filed by a US Citizen fiance at a USCIS Service Center in the United States. USCIS adjudicates the initial petition and, upon approval, sends the case file on to the National Visa Center (NVC). The National Visa Center conducts a security clearance and forwards the case on to the US Embassy or US Consulate overseas. In Thailand, virtually all K1 visa applications for those in Thailand are adjudicated at the United States Embassy in Bangkok. Consular Officers at the American Embassy will initiate a visa interview and, assuming the application is approved, issue the K-1 fiancee visa.

Overall, the above outlined process will likely remain the same for most couples in 2010. Although, a recently recommended rule from the American State Department would increase the US Consular processing fees. A current proposal would raise these fees from one hundred and thirty-one to three hundred and fifty dollars. By most estimates, a fee increase of 0 is significant. This might have an affect upon those who decide to file for a K-1 fiance visa as this three hundred and fifty dollar Consular Processing fee could turn out to be a prohibitive expenditure.

Another possible change in 2010: Comprehensive Immigration Reform. At present United States legislators and the President are discussing ways of overhauling the American Immigration system. Some have pondered if these changes to the American Immigration system will impact the visas categorized as “K” under the US Immigration and Nationality Act. In this author’s opinion, 2010 will not likely see major changes to the K1 fiancee visa process, but by being prepared for upcoming legislation petitioners, attorneys, and applicants will be able to foresee possible problems before they come up.

(Please be advised that the above post should not be taken as a sufficient substitute for individualized legal advice from a competent licensed lawyer. The above information is for general purposes only and should not be construed as advice regarding a specific set of factual circumstances. For those wishing to learn more information about American Immigration, it may be prudent to contact a licensed American Immigration lawyer.)

Technorati Tags: CR1 Visa, K-1 Visa, K-1 Visa Thailand, K1 Intervie, K1 Visa, K1 Visa Thailand, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa, Widows Penalty

As of the day of this writing, USCIS is issuing a new G28 (Notice of Attorney Appearance) form. This document is used to signal the presence of an attorney in a case pending before the DHS (Department of Homeland Security).

American Citizens date, court, and often marry people from countries other than the USA. As a result, a large number of Immigration applications are submitted to the DHS (Department of Homeland Security). Oftentimes, the beneficiary and petitioner decide to handle the immigration matter by themselves, in that case the G28 will not need to be presented as there is no attorney involved. A G28 form is used to inform the government that a qualified representative has entered their appearance in a case.

A significant difference between the old and new version of the G28 form is that the new form requires one to indicate in which agency the case is pending. For example, if the matter involves the Customs and Border Protection Service (CBP), then the attorney will check the box which states that the attorney is representing the client in a matter before CBP. If the situation involves a client who has been detained by ICE (Immigration and Customs Enforcement), then the for requires that this information be disclosed.

In situations where a G-28 is submitted, it is common for USCIS to send the attorney of record duplicate copies of all correspondence between the Service and the Petitioner. Also, if the US Embassy sends correspondence to the non-citizen beneficiary, then the American attorney will generally be provided with a copy of the relevant correspondence.

As mentioned in previous articles, submission of a G28 form is one way of making certain that one is dealing with an attorney because only an attorney may be paid to appear before the government in immigration matters. Further, the current G28 form requires the attorney to disclose their state of license and bar number. One should not feel embarrassed to ask for a copy of an attorney’s credentials. A practitioner of US Immigration law who cannot provide credentials (Federal Court number, State Bar license number, State Supreme Court number, etc.) ought to be looked upon warily.

To learn more please see: k1 visa. Please see k1 visa process for more on getting a visa to the USA.

Technorati Tags: Fiance Visa, G-28, K-1 Visa, K1 Visa, My Thai Fiancee, Us Embassy Bangkok, US Embassy Thailand, US Immigration

The following article explains the so-called “Widow’s Penalty.” Legal deficiencies in the US Immigration and Nationality Act place widows and widowers of Americans in a legally difficult position if the American spouse dies before a final ruling in a critical phase of the Immigration process.

United States Immigration is a deep area of law as it is highly statute driven. Certain aspects of American Immigration can be very confusing and one of the most confusing issues deals with two things that few bi-national couples wish to address: Death and Loss of Immigration Benefits.

Where a foreign national marries a US Citizen, if the foreign spouse wishes to obtain unconditional US Permanent Residence, then they must run a “gauntlet” of various adjudicatory proceedings to determine the bona fides of the marriage. There is a valid argument that the US government begins scrutinizing a couple the moment the application for a K1 visa is submitted. After initial approval, the application will be forwarded to the US Embassy (or it’s Consulate Counterpart) with jurisdiction over the foreign fiance’s place of residence. The Consulate will interview the applicant and if satisfied that the marriage is genuine, they will issue a K1 visa. The foreign fiancee will then pass through an inspection point at a port of entry in the United States where Customs and Border Protection officers will make another determination as to admissibility.

After being lawfully admitted to the USA, the foreign fiancee will have 90 days to marry the American Citizen and adjust status to permanent residence. In most cases, the marriage is executed and the foreign spouse is approved for adjustment, thereby making her a conditional lawful permanent resident. After two years in conditional permanent resident status, the foreign spouse, along with her American husband, will need to file to have the conditionality of residence lifted and thereby make her an unconditional lawful permanent resident. The so-called “widows penalty” becomes an issue during the pendency of an adjustment of status application or before the submission of an application to lift the conditions of the foreign spouse’s residence. If the American Citizen spouse dies prior to the approval of either of these petitions, then it can create a difficult situation for the foreign spouse because the applicant no longer meets the requirement for a lifting of conditions or adjustment. Thus, the non-Citizen widow could be considered out of status as they are no longer married to a United States Citizen. US Courts have attempted to address this problem by interpreting statutes to allow foreign spouses to remain in the United States. The United States Department of Homeland Security has provided a sort of amnesty for widows by deferring inspection of those in that situation.

These legal issues are not fully settled as currently there are conflicting interpretations of these laws. In general, the mood of the courts seems to be in favor of doing away with this so-called penalty because implementing the law in its current form leads to unfair outcomes for immigrants already present in the USA.

Technorati Tags: CR1 Visa, K-1 Visa, K1 Interview, K1 Visa, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa, Widows Penalty

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.

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

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

The Dual Intent Doctrine is a legal concept that occasionally arises in United States jurisprudence, specifically Immigration and Nationality law. This idea was formulated in order to grapple with those situations where an alien present in the US on a non-immigrant visa has aspirations for eventual residence. Under the United States Immigration and Nationality Act (INA) a non-immigrant can be denied a visa or denied entry to the United States if Consular officers or Immigration Officers feel that the applicant/entrant is an intending immigrant. For instance, many applicants for a US tourist visa are turned down based upon section 214b of the INA which creates a statutory presumption of immigrant intent, those presumed to have immigrant intent cannot be granted a non-immigrant visa. The Dual Intent Doctrine sets a foundation for issuing visas that allows the visa holder to retain both short term non-immigrant intent and long term immigrant intent. Examples of visa categories which utilize the dual intent doctrine are the L1 visas and the H1b visas. Each of these work visas legally allow the foreign national to have immigrant intent, but gain entry to the US on a non-immigrant visa. In the area of United States Family Immigration, the K1 fiance visa is a classic example of a visa that employs the dual intent doctrine. The holder of a US fiancee visa is entitled to seek entry at a port in the United States. At first, the K1 visa holder is in non-immigrant visa status and the visa has a validity of merely 90 days once used. That being said, the visa holder is entitled to marry their United States Citizen fiance and petition for adjustment of status to that of Lawful Permanent Resident. If applying for most visas, an applicant with dual intent would be denied a visa, or be barred from entering the United States. In certain cases, American Immigration legislation has created special exceptions to general rules in order to deal with extraordinary situations.

Technorati Tags: American Visa, Dual Intent, K-1 Visa, K1 Visa, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa

Thai and US Immigration Traveling to Thailand or taking a loved one back to the USA from Thailand are two endeavors which require preparation and patience. When one analyzes the Consular and Immigration systems of the United States and Thailand one can quickly ascertain that the Thai system is less complicated. Simultaneously, the Thai government grants more convenient access than does that of the United States. Currently, Thailand allows people from many different countries to enter the Kingdom visa free. For those who enter Thailand without a proper visa, they may gain presence based upon a visa exemption. Most non-immigrants must depart the Kingdom within thirty days. With that in mind, a person entering Thailand at a land border upon a visa exemption will only be granted a 15 day stay in the Kingdom. Those who wish to remain within the borders of the Kingdom of Thailand for a longer duration can apply to obtain a Thai visa at a consular post outside of the Kingdom of Thailand. Common Thailand visa Categories are: Business, Tourist, Education, and “Other” which is used as something of a catch-all category. Trying to contrast the difference between the US and Thai Immigration systems immediately makes apparent the differences between these two seemingly similar processes. In the case of the Thai system, the rules are somewhat lax, however under the US system the rules have become increasingly stringent. At one time, it was possible to obtain a United States tourist visa without being subjected to a visa interview. After the tragedy of 9/11 regulations have required that those seeking tourist visas to the USA be interviewed by an American Consular Officer. There is not a fiance visa category for non-Thai citizens. Bi-national married couples wishing to reside in Thailand are permitted to apply for an “O” visa, if one of them is a Thai Citizen or resident in Thailand. However, a visa based upon an intention to marry a Thai citizen will not likely be approved. Conversely, many foreign fiancées of US Citizens travel to the United States of America each year. Many people submit a K1 visa application to be ultimately adjudicated at the US Embassy in Thailand. American/Thai couples who acquire a K 1 Visa eventually marry and adjust status to Lawful United States Permanent Residence. Lawful United States Permanent Residence is easily obtained when compared to the process for acquiring Thai Permanent Residence.

Technorati Tags: American Visa, B2 Visa, K-1 Visa, K1 Visa, Thai Visa, Thailand Visa, US Fiancee Visa, US Immigration, US Student Visa, US Visa

A common question for those seeking an expedited Marriage visa for their loved one is: why does the K-3 visa use the same application as the k1 fiance visa?

The K3 visa was initially designed as a way of getting spouses of American citizens to the United States in as fast a manner as possible. In the recent past, the I-130 petition for a CR1 or IR1 visa could take longer than three years to process through the system. This lead to an egregious backlog of pending cases and probably was one of the reasons why INS (USCIS) was reorganized.

When petitioning for any American marriage visa, the initial task involves submitting an I-130 petition. If the couple opts to apply for an expedited visa, then they can file the I-129f with a service center that has proper jurisdiction. This part of the process can only happen after the first application has been received by the correct USCIS office.

In some ways the K3 visa (supplemental marriage visa) is similar to the V visa, which was designed to break the logjam of cases involving family members of those lawfully resident in the United States of America. Currently, the V visa category has fallen into increasing disuse due to the fact that it was only available to those who filed a petition before a certain date.

This still begs the question: why use the K-1 visa application form? Put simply, it was probably simpler and less expensive to use the K1 visa application form rather than create a completely new document to be used exclusively for the K3 marriage visa.

For those uninitiated in dealing with the United States Citizenship and Immigration Service, filing the proper paperwork is critical to obtaining an approval from the officers working for the Service. Also, depending upon the visa being sought, the analysis differs. As a result, the legal threshold may change if a person is seeking a K-1 visa rather than a K-3 Visa.

One should always remember that providing false documentation in a visa application is never a positive way of obtaining Immigration benefits. This strategy could lead to a finding of legal inadmissibility and result is a greater investment of time and resources in order to make sure that a foreign loved one can travel to the USA.

(No part of this article should be construed as a satisfactory substitute for competent personalized legal advice from a duly licensed lawyer. People seeking legal information should consult an attorney for personal legal advice. No attorney-client relationship exists between author and reader.)

Technorati Tags: American Visa, Fiance Visa, Fiancee Visa, K-1 Visa, K-3 Visa, K1 Fiance Visa, K1 Visa, K3 Visa, US Immigration, US Visa

Even though this query sounds as if it has an easy answer, in reality visas are a complicated area for laypeople. Some folks do not realize that until after WWI passports were a rarity, and visas were not often utilized.

The Visas discussed in this article are not the kind that you swipe at the local mall to buy things. Instead, they are the documents needed in order to enter most countries around the world. A widely held belief involves the concept that the holder of a visa has an unalienable “right” to enter the foreign nation. In most cases, a visa is not the equivalent of a “right of entry.” Instead, a visa is simply an acknowledgment by a diplomatic or consular officer that the person holding the visa should be accorded the right to seek entry.

In Thailand, there are many different visa categories under Thai Immigration law. Thailand also has a seemingly similar Permanent Resident system to that of the United States of America. However, looks can be deceiving as Thai Permanent Residence is extremely difficult to obtain and there is a quota set for people of differing nationalities. In the latter part of the 20th century, Royal Thai Immigration created many Thai visa categories. At present the most common categories are the B visa (Thailand Business Visa), the Thailand O Visa, and the Thailand Retirement Visa.

A large number of Thai nationals request entry to the USA on a yearly basis. One of the most desired visas by Thai nationals is the K1 fiancee visa. The K-1 visa is designed for foreign fiancee’s (in this case Thai fiancées) of United States Citizens who seek entry to the USS in order to marry their loved one.

In situations where a bi-national couple has already legally wed, it might be appropriate to file for an Immigrant visa with US Immigration. The CR-1 or IR-1 Visa (Immigrant) give the bearer the right to reside permanently in the USA. In most cases, the Immigrant Visa will take 12 months to process. At the same time, for married couples wishing to get to the US more quickly the K3 visa may be advisable. The K3, like the K1, is a non-immigrant visa category. This means that the K3 visa holder will need to adjust their status in the USA. In the past, K3’s were considered important because CR1 and IR1 Immigrant visas took a long time to process. Now, the K3’s effectiveness has waned due to more efficient processing on the part of USCIS.

Countries other than the Kingdom of Thailand and the United States issue visas.

For more information please see Thailand Visa

This isn’t a sufficient alternative to individualized legal counsel. A Lawyer-Client Relationship is not created between the reader and the author of this post.)

Technorati Tags: K-1 Visa, K1 Interview, K1 Visa, Packet 3, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa