If you have a Thai fiancée, we can assist you in the application process for a K1 visa in Thailand. Contact our office and speak to our immigration specialist about helping you begin the K1 visa process. The following is a basic guideline on the K1 visa process.
The petitioner for a K1 visa is required to be a U.S. citizen. The K1 visa is not available for U.S. Permanent Residents. The U.S. citizen can apply to bring their fiancé to the United States to get married.
Prior to applying for a K1 visa, the petitioner should review their fiancée’s immigration history to ensure that they have not previously overstayed their visa in the United States or have a criminal history. Previous visa violations or a criminal past may create a bar to the fiancé petition’s approval. If your fiancé has a criminal past in the Thailand, speak to one of our Thai attorneys to research whether the crime would be a bar to entry.
The purpose of a K-1 visa is for the beneficiary to enter the United States and marry the petitioner within 90 days. If the petitioner and beneficiary do not marry, the beneficiary has to return back home. If the beneficiary decides not to marry the petitioner and meets another U.S. citizen, the beneficiary is barred from adjusting status in the United States based on a marriage to someone who is not the K-1 petitioner. The beneficiary will have to return home and the new U.S. citizen will have to file a new petition.
In addition, the U.S. citizen is limited to filing only two fiancé petitions during their lifetime or within two years of a previously approved fiancé petition. If the U.S. citizen has a criminal past, he may also be barred from applying for a fiancé visa. If any of the above limits or restrictions apply to you, it is important to contact one of our immigration specialist and they may be able to prepare a waiver request to overcome the restrictions.
In addition to the documentary requirements, the petitioner must have the financial ability to sponsor the beneficiary. The financial requirements for the beneficiary is different at the K-1 stage versus the immigration stage in the United States.
Contact our immigration specialist to determine what your financial requirement for the fiancé petition is.
The fiancé visa in Thailand takes an average of 6-7 months to obtain. The visa process has to be started in the United States. However is you have lived in Thailand for a very long time without returning to the United States, there may be issues with the documentary requirements to file the petition.