Can a K1 Visa Really be Guaranteed For My Thai Fiancee?

This article should be used, in conjunction with further research, as a resource to determine strategies for obtaining a United States visa for a Thai Fiancee. Nothing herein should be construed as a substitute for thorough research legal advice.

In Thailand, as well as elsewhere around the world, there are many companies and so-called "lawyers," "visa agents," and "Immigration Consultants," making all sorts of outrageous claims regarding what they can do to facilitate visa issuance for the Thai fiancées and spouses of American Citizens and Lawful Permanent Residents. One of the most outlandish claims is the notion that one of these operators can guarantee that a visa will be issued. All over the internet, there are visa companies, consultants, agents, and even phony lawyers making such claims and they often trick the unwitting public into believing that the approval of a US visa application can be guaranteed. The fact of the matter is: a US visa application's approval cannot be guaranteed. No ethical attorney can make the claim that a visa will be issued with 100% certainty. Officers at the United States Citizenship and Immigration Service (USCIS) scrutinize the facts in each Immigration petition on an individual basis and their ultimate decision is based upon the specific facts in the case. The Consular officers at the American Embassies and Consulates overseas make more factual determinations as to visa issuance based upon the unique set of facts in a given case. A licensed lawyer acts as an advocate for the issuance of a visa. Moreover, an American Immigration attorney can provide advice and assistance for those who are unsure of their immigration options. A professional Immigration lawyer will do anything and everything ethical to ensure ultimate success in an Immigration case.

If one looks at the fine print of most of these so-called "guarantees" one will see that many of these guarantors only guarantee "USCIS approval" which is only one component of the US visa process and not the same thing as visa issuance.

Where an attorney enters their appearance, they are also required to represent their client for the duration of the case, or to the point agreed to by the client. An unfortunate situation that can happen when dealing with a "visa consultant," "visa agent," or one claiming to be a licensed attorney is that these individuals will abandon a client's case if it becomes too complicated as they are not trained to professionally handle complex immigration matters.

There are many "fly by night" operations engaged in the unlicensed practice of US immigration law from abroad. Some individuals even claim to have a US law license when, in fact, they have no such thing. According to USCIS regulations no one is allowed to take money in exchange for providing advice regarding United States Immigration law unless they are a licensed attorney in one of the 50 US States or a territory of the United States. Therefore, unless one is dealing with a licensed United States attorney, one should not be paying for the services of a so-called "visa agent," or "lawyer," who cannot produce credentials. If dealing with someone claiming to be an attorney or lawyer ask to see their credentials, if they cannot produce a state or Federal license to practice US law, then they are not allowed to represent clients before the United States Department of Homeland Security which includes the United States Citizenship and Immigration Service (USCIS).