The K-1 Visa Thailand and the I-130 Petition for Alien Relative Visa: Options for Potential Immigrants

Thailand is not spared from this trend as more and more Thai Nationals tie the knot with other nationalities, including US Citizens/Americans. Unfortunately, aside from cultural differences, these couples are faced with legal problems like immigration. Questions like "how can an American bring his Thai fiance to the United States if they decide to settle there? and "what options do they have?" are few of the questions asked.
The Visa Options
US Immigration laws have taken cognizant of the interracial marriages and have set options to address the legal questions. They have given two major options: the issuance of a K1 Fianc (e) or I30 Petition of Relative Visas. Couples can obtain either of the visas depending on their preference, working time frame and personal plans of residency in the United States.
The K1 Visa is an immigrant visa that allows a US Citizen to bring his/her Thai fianc(e) to the United States with the intention of getting married within 90 days of the K-1 visa holders arrival. The K1 Visa is relatively easier to process because it usually takes 6 to 8 months from the time of application. Additionally, this type of non-immigrant visa will be changed into an immigrant visa once the K-1 Visa holder or Thai fianc(e) marries the US Citizen and adjusts his/her status after the marriage in the United States preferably within 90 days of his/her arrival in the country.
The I-130 Petition for Alien Relative on the other hand, is an Immigrant Spouse Visa. This visa can be classified depending on the length of marriage by the time of the application. One classification is CR-1 Visa which allows the Thai spouse to leave the country as a Conditional Resident. This type of I-130 visa is given to those couples who are married for less than a year by the time of the Thai spouses visa application. The usual application process takes least 12 months. This type of visa also gives the Thai spouse the right to work and stay indefinitely in the United States. The couple however has to comply with the condition of maintaining marriage as both of them have to lift or remove the conditional residency of the Thai spouse to become permanent residency 90 days before the 2nd year anniversary of being a conditional resident.
If in case that the couple is married for at least two years by the time of the application, the Thai spouse will be given an IR-1 which allows him/her to leave Thailand as a permanent resident.
In both visas, the Thai Spouse needs to undergo a rigid screening by the USCIS to ensure that he/she is inadmissible to the United States and that the marriage is genuine. The requirements would include medical checks and other matters regarding the couples marital relationship.
While there are a number of private Immigration Consultancies which offer consultations and immigration assistance, no one can guarantee the issuance of any type of Visa to the United States. Those who avail of their services are therefore advised to be wary and not be misled by empty promises as the issuance of visa depends on the consular officer who will interview the applicant.
Nonetheless, its a given truth that lifes journey is never easy, thus, these legal impediments should not be a hindrance for relationships to prosper, rather, these should be treated as a challenge for couples to pursue a peaceful family life in whatever country they choose to settle.
ABOUT THE AUTHOR: Dennis P. Ramm
Dennis P. Ramm is Partner with Siam Legal International which is Thailand Largest Legal Services Network with offices in Los Angeles, London and Bangkok. Dennis works with American Attorneys, UK Solicitors & Barristers, German Lawyers, and Australian Solicitors providing global immigration services including US Visas in Thailand for Thai Fiancees (K1 Visa) and Thai Wives (K3 Visa) of US Citizens. Dennis has over 19 years of experience assisting Thai Nationals with US Visas. In 1993, he obtained a US Visa for his Thai Fiancee to reside in the US and adjusted her status to permanent residence.