Fiancee Visa

USA Fiancé(e) Visa

A K-1 Visa/Fiancé Visa is a visa issued to the fiancé(e) of a United States citizen. The K-1 Visa allows the visa holder to enter the United States for up to 90 days during which time they may get married and file for Adjustment of Status (to obtain a “green card” and become a Legal Permanent Resident of the US). After filing for Adjustment of Status they may reside in the US beyond the 90 day K-1 Visa validity while their Adjustment of Status application is processed. While the K-1 Visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States Embassies and Consulates worldwide. If the non US Citizen fiancé(e) has a child (under 21 and unmarried), a K-2 non-immigrant visa may be available to him or her. They may immigrate to the States at the same time with the principal applicant.

Eligibility

  • U.S. citizens who will be getting married to a foreign national in the United States may petition for their Thai fiancé
  • You and your Thai fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death.
  • You must also have met with your Thai fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process

Approval of Visa

After entering the US on a K-1 Visa, you and your Thai Fiancé must get married in the period of 90 days. In the event that the marriage does not occur inside the 90 days, the Visa holder will be required to leave the United States. Until the marriage happens, your Thai fiancé is viewed as a temporary resident. A K-1 Visa holder cannot acquire an expansion of the 90-day time limit.

If the K-1 Visa holder intends to live and work permanently in the United States they should apply to become a permanent resident after the marriage. Please note, K-1 Visa holder will receive a “green card” and conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed.

Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole — doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

Interactive Visa Assistance

  • Professional review and examination of your Thai fiancé’s case for processing in Thailand
  • Complete filing and review of documents to be submitted for the visa processing
  • Filing of all documents with the embassy on behalf of your fiancé
  • Translation and certification of all documents to be submitted to the embassy
  • Scheduling of the visa interview at the US embassy
  • Review and preparation of all required documents and interview questions/guide prior to interview
  • Specialist expert and consultation on every step of the application process during and after

Processing Time

Processing time at the U.S. Embassy in Bangkok – 8-12 months

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