Fiancee Visa Thailand: Requirements for Obtaining a K1 Visa

The K1 fiance visa has become a highly sought after document for those wishing to travel to the United States. This article briefly summarizes the process and requirements involved in obtaining a K1 visa from the Kingdom of Thailand.

Since September 11, 2001, the officials at the United States Embassy in Bangkok, Thailand have increasingly been refusing to approve B2 visa applications due to section 214(b) of the United States Immigration and Nationality Act. This may be due to the fact that more applicants seek this visa when in reality a K-1 fiance visa would be a more appropriate travel document since the applicant has a fiance who is an American Citizen. Recently there seems to have been an increased number of expedited removals from the United States of America. Customs and Border Protection (CBP) Officers conduct expedited removal proceedings when a Foreign national entering the USA on a B-2 tourist visa appears to be an "intending immigrant" rather than an actual non-immigrant tourist. Many couples believe that obtaining the visa is the only obstacle that must be overcome. In fact, expedited removal could await the Thai fiancee who attempts to enter the US on a tourist visa with the undisclosed intention to remain indefinitely. One who is placed in expedited removal proceedings is not entitled to request readmission to the United States for at least 5 years. Therefore, a K1 visa should be utilized when Thai fiancees travel to the US as this dramatically reduces the likelihood of expedited removal.

We know about the benefits of the K1 fiance visa, but what are the requirements for this type of travel document? K1 visa applicants and petitioners should have met at least once in person. They ought to have a true intention to get married. For optimal processing it is best if neither party has a criminal record, but if either party has criminal convictions or relevant arrests, then an Immigration lawyer may be able to assist in obtaining a K1 visa despite the existence of prior legal matters. Applicants for a K-1 visa, as well as their US petitioner counterparts, should be legally free to marry and able to prove it.

Officers at the US Consulate will adjudicate a fiancee's K1 visa application. If the interviewing Consular Officer finds that some evidence is lacking, they might request that further evidence be submitted. This is called a 221g refusal in reference to the corresponding section in the Immigration and Nationality Act. 221g refusals are considered visa denials by the Department of Homeland Security, but if the requested evidence is provided, then one can be reasonably assured that the visa application will be reviewed. In situations where one has received a 221g refusal, an American Immigration attorney may be able to provide assistance in submitting requested follow-up evidence.

For more information on this issue please see: Integrity Legal.

Tags: , , , , , ,

This entry was posted on Monday, March 8th, 2010 at 8:23 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

Comments are closed.


Login