Fiancee And Immigrant Spouse Visas from Thailand

The internet is awash with informational flotsam and jetsam regarding the rules and regulations governing the visa obtainment process. As a result, many prospective immigrant and petitioners are given misleading or inaccurate information. The aim of this article is to rectify this situation by providing accurate information about US Immigration law.

In the realm of American Immigration for fiancees or spouses there are basically two major visa categories and one supplemental visa application that can be made. For the Thai-American couple that has yet to legally marry there are really two options: the K-1 visa and the CR-1 Visa. The K-1 visa is a fiancée visa and both parties must be unmarried at the time of the K-1 visa application in order to qualify for the visa. The CR-1 visa is a spouse visa and requires the couple to be married at the time of application.

Each respective immigration category has its own benefits. In the case of the K-1 visa the upside is the fact that it currently has the fastest processing time of all the family based visas. As of this publication, the K-1 Fiancee visa has a processing time of approximately 6-7 months from applying at USCIS to final decision at the American Embassy in Thailand. The downside of a K1 fiancee visa is that it does not attach permanent residence to the K-1 entrant upon entry in the US. As a result, the alien present in the USA on a K1 visa is required to file an adjustment of status application to acquire a United States greencard. An adjustment of status application mandates the remittance of added fees, at the same time, the K-1 visa holder is entitled to remain in the USA while USCIS decides whether or not to approve the application.

With the CR-1 visa the initial processing time is considerably longer. It generally takes approximately 12 months from application submission until final decision at the Embassy. However, the CR-1 visa grants permanent residence to the Thai spouse from the moment they enter the USA. The visa stamp that the US Immigration officer places in the Thai spouse's passport acts as a temporary green card until the Resident Alien Card (Greencard) is issued.

The K-3 Visa is somewhat less than useful for the couple who is not yet married. The K-3 is a supplemental petition used as an expedited marriage visa. The visa itself has two years of validity, but does not confer permanent residence. It requires the filing of 2 petitions and the Thai spouse has the option of adjusting status in the United States or returning to Thailand for interview and adjudication. The problem with the K-3 for the unmarried couple is the fact that it is slower than the K-1, but still does not confer permanent residence. For this reason most unmarried couples are probably better off choosing either a K-1 or a CR-1 Visa.

(Nothing in this article is to be construed as an alternative to personal legal advice from a licensed attorney. An attorney-client relationship should not be assumed to exist between the author and any subsequent reader of this article.)