Thai K1 Visas - The Way To Get Them

You want to spend the rest of your life with a woman you met in
Thailand. Wonderful! Read below to find out how you can take your
special someone back to the US. Immigration can be a trying process,
but at least you'll know what you're up against.K-1 Fiance/Fiancee
Visa and how to obtain it for a Thai :The K-1 visa is exactly what
its name implies, a visa for a Thai to come to the USA in order to
live with a prospective US Citizen Spouse. This is one visa that only
a US Citizen may apply for so a Thai Permanent Resident in the US
cannot bring a Thai to the US before they are married, but must
instead get married and petition for a marriage visa.The main portion
of the K-1 Visa petition is the I-129f, which is essentially the
application for the Visa itself. Along with this form other
documentation is required including (but not limited to) proof that
both parties are free to marry (they are both single) and evidence
documenting the ongoing relationship.Currently, it takes about 6
months from the time the US Citizen submits the K-1 Visa petition with
USCIS to the time the Thai obtains the actual K-1 Visa at the US
Embassy in Bangkok or the US Consulate in Chiang Mai. This timeframe
is always subject to change depending upon both the workload of USCIS
in the US and the US Embassy or Consulate in Thailand.In order to get
the process started the US Citizen fiance must submit the K-1 Visa
Petition to the USCIS Service Center with jurisdiction over the US
Citizen's place of residence. Depending upon which state the US
Citizen lives the petition will be submitted to either the USCIS
Service Center in either Vermont or California.USCIS will send a
letter after submission called Notice of Action 1. This letter will
basically tell the petitioner, "we have received your request for a
visa for your and we will process it as soon as we can." It will
generally take about 2-3 months for USCIS to process the petition.
Oftentimes USCIS will reject a petition because the petition was filed
with incorrect documentation or insufficient documentation. For this
reason it may be wise to have an attorney prepare the USCIS petition.




Once a US Citizen submits the I-129(f) petition at USCIS the wait begins.
It usually takes USCIS about 2-3 months to process the I-129f petition.
However, the time it takes to process the petition depends upon where the
petition was filed. At the time of this writing the Vermont Service Center
has a faster processing time than the California Service Center while
filing in Bangkok can expedite the process greatly if the US Citizen is
entitled to file there.After USCIS finishes processing the I-129f petition
they will send the petitioner, or his attorney, what is called Notice of
Action 2. This document essentially states, "We have finished processing
the petition and we have approved/denied it." If the petition is approved
it will be forwarded to the National Visa Center.At the National Visa
Center (NVC) the Thai 's I-129f petition will be further processed.
Basically, NVC does a background check to see that the Thai beneficiary
of the K1 Visa is who she says she is and is not someone who should be
excluded from the USA. It usually takes NVC approximately 4 weeks to
process the petition at which point they will contact the US Citizen, or
his attorney, and tell him that the petition is being forwarded on to the
US Embassy in Bangkok or the US Consulate in Chiang Mai. In this letter
they will also give the couple a BNK number. This number is the Thai 's ID
number for the US Embassy or Consulate, she will need this number in order
to obtain an interview appointment and it will make all correspondence
with the US Embassy more convenient as it can be used as a point of
reference for the Embassy officials.When the US Embassy or Consulate in
Thailand receives the Thai 's K-1 petition from NVC they will send her a
letter known as packet 3. Within this letter is a list of documents that
the Thai will need to collect for the interview at the Embassy. The
letter will state that the Thai must collect these documents BEFORE
sending back a response requesting an interview date. Many people seeking
a K-1 Visa just send the letter back requesting the interview immediately
as the interview appointment is usually scheduled far enough out that it
is possible to collect the documents long before the interview. By doing
this the interview is scheduled as quickly as possible and expedites the
process.I am of two minds on this subject. I truly believe that the
Embassy says things for a reason and asking for an interview before all of
the documents are in order could slow the process down if the Thai
arrives at the interview with crucial documentation missing. At the same
time, the interview is usually scheduled so that there is enough time to
gather necessary documents and waiting until the documents are gathered
before notifying the Embassy/Consulate could slow the process down as
well. It is important to keep all of this in mind when deciding upon a
strategy for scheduling the Thai fiancee's interview.Now its time for the
interview... Many people, especially a Thai or spouse, are very anxious
about the Embassy interview. However, in my experience I have found this
to be a rather routine procedure particularly when you take into
consideration the fact that the consular officials do hundreds, maybe even
thousands, of these interviews every year. They are really not looking to
trip up the Thai they are interviewing, but simply make sure everything is
on the up and up.Once the interview is completed the Consular official
will likely tell the Thai either that the petition is approved or request
more information using a 221(g). A 221(g) is a document the Embassy will
give to the Thai with a list of the further documentation that she must
provide before the Visa will be granted. A 221(g) is often requested in
Thailand because of a name change. Thais change their name quite often in
comparison to Americans and might have done so at many points in their
life. It is quite common that their name may have been officially changed
when they were an infant without their knowledge. The Embassy wants to see
all of the official name change certificates in order to make sure that
the person seeking to immigrate to the US is in fact who they say they
are. There are many other reasons that the Embassy may request a 221(g),
but name change seems to be the most common.




After the US Embassy/Consulate officials in Thailand have received the
documentation they deem sufficient they will issue the visa. For a K-1
Visa a conservative estimate of the turnaround time is approximately 5
business days. Often the K Visas will be returned within the same week,
but I like to give conservative estimates as the situation can be fluid.
If there is a day off the week the fiancee interviews or for any other
reason the Embassy is closed the visa could take longer to obtain. The
time of year and workload at the Embassy have a lot to do with how quickly
the Embassy will get the visa into the passport.After the Embassy has
processed the Visa and put it in the Thai Passport, the Embassy officials
will call the Thai and tell her to come pick it up any day after 3pm. If
you have a US attorney working in Bangkok, then he or she can pick it up
on the 's behalf. The Thai will have until the expiration of the K-1 Visa
to travel to the USA. The visa usually lasts for 6 months. Once in the USA
you must get married within 90 days or your Thai must leave the country.
That is the K-1 Visa from Thailand process in a nutshell.

Thanks for Reading,Benjamin W. Hart, Esq.This article is for
informational purposes only. It should not be substituted for expert
legal advice from a competent attorney.Benjamin Hart is a US
Attorney-at-Law and member of the American Immigration Lawyer's
Association. He currently lives in Thailand. He is the owner of
Integrity Legal, an Immigration Law Firm located in the United States
and Bangkok, Thailand. Go to web: integrity-legal .com to visit
Integrity Legal.