The K1 Visa or US Fiancée Visa is a type of US Visa which allows an American citizen to bring his Thai Fiancée to the United States with plans to get married when in the US. And during first 3 months of arrival in the US, it is a must that both get married. Your fiancée can work in the U.S., once with a possible employer then you apply for and receive a work permit.
US Fiancée Visa in Thailand
Taking your fiancée to the US using another type of visa may be possible, but will later on be viewed by the visa officer that you had attempted to take your fiancée to the US without applying for her K1 Visa. This is considered as an evasion of the policies set by the United States Immigration Services with the K1 Visa. However, if married to a Thai national, you will not be allowed to apply for a K1 Visa as its sole purpose is for fiancées and not for a wife. As a married American national, you will need to apply for another type of visa which is the K3, CR1 or IR1 Visa or the US Spouse Visa.
During the process of the K1 Visa application, if your Thai fiancée have dependants from previous relationship or marriage, children can be added to the K1 Visa petition as a K2 derivative. If she is granted her K1 Visa, then children would also be granted a K2 Visa as dependents.
Basic Requirements are as follows:
- – Petition application and forms
- – US visa and government fees
- – Proof of both identities (Petitioner/ Beneficiary): passports, birth certificates and etc.
- – Sponsor’s financial evidence
- – Beneficiary’s Police certificate in Thailand
The process of applying for the K1 Visa can be very complicated and discouraging. The paperwork alone is very stressful and can cause a lot of confusion. Aside from those aspects, the language barrier can cause much delay to the whole process and there are a lot of applicants for this type of visa submitted.It is highly recommended to seek legal assistance from experienced Thai lawyers for a smooth sailing application process.
Once entered the US and got married, a process of adjustment of her status should be done and completed. Please be cautious that a fiancée visa is for single entry, going in and out on this type of visa is not allowed. Though, if emergencies occur before marriage shall take place, then a special permission called then “Advance Parole” may be filed and requested. If you leave immediately without proper process, then your K1 visa shall be considered as a trash and you have to apply for it all over again, from scratch. Having an Advance Parole is a choice, it will keep your application valid while you are not in the US, but it is the decision of the Immigration border when you arrive back in the US to let you re-enter or not.