What is a US fiancé visa?

The K1 visa for Thailand is designed to allow you (if you are a US citizen) to bring your Thai fiancé to the United States for marriage purposes. Once approved, your fiancé will have 6 months to travel to the US. Upon arrival in the US, your Thai fiancé should marry within 90 days and apply for adjustment of status. If you do not marry, your Thai fiancé should leave the country before the visa expires.

What are the basic requirements for a US fiancé visa (K-1 visa)?

  • You must be an American citizen to apply for a US fiancé visa (K-1 visa).
  • You must have met your fiancé/fiancé in person within the past two years, except in cases involving religious ceremonies.
  • You and your fiancé will need to pass a criminal background check to apply for a U.S. fiancé visa (K-1 visa).
  • Thai fiancés are required to undergo a medical examination as per embassy regulations when applying for a US fiancé visa (K-1 visa).
  • You will need to meet the financial requirements to apply for a U.S. fiancé visa (K1 visa). The applicant must have the legally required income in the form of written consent to provide financial support, specifically at least 100% of the minimum income of the state where they reside. More details can be found at https://www.uscis.gov/i-864p
  • You and your fiancé must be single and free to marry in order to obtain a US fiancé visa (K-1 visa).
  • You must marry your fiancé within 90 days of arriving in the United States, as the U.S. fiancé visa (K-1 visa) is only valid for 90 days.

    • What are the steps involved in applying for a US fiancé visa (K-1 visa)?

  • First: You must submit your U.S. fiancé visa (K-1 visa) application to the USCIS service center in your jurisdiction. USCIS will send a response letter after submission called a Notice of Action 1. This letter confirms the submission of your application. Generally, USCIS takes approximately 3-5 months to consider an application. Often, USCIS will reject an application due to incorrect or insufficient supporting documents. For this reason, you should consult with an attorney when handling your application. After you submit your I-129F application to the USCIS office, the waiting period begins. USCIS typically takes about 3-4 months to process the I-129F application. After USCIS has reviewed the I-129F application, they will send you a Notice of Action 2. This document will state the outcome of the application – whether it was rejected or approved.
  • If the application is approved, it will be forwarded to the National Visa Centre. At the National Visa Centre (NVC), your Thai fiancé's I-129F application will be processed. The NVC will check the background of who the beneficiary of the Thai fiancé's sentence is. The NVC typically takes about 4 weeks to process the application.
  • After NVC reviews your petition, they will notify you via email that your case is being forwarded to the U.S. Embassy in Bangkok or the U.S. Consulate in Chiang Mai. This notification letter will also provide you and your fiancé with a BNK case number. You will need this number to schedule an interview and check the status of your petition at the U.S. Embassy in Bangkok, Thailand.
  • When the U.S. Embassy in Thailand receives a K-1 application from the NVC for your Thai fiancé, they will send a letter called Packet 3 Instructions. This letter contains a list of documents your fiancé must gather for the embassy interview. Your fiancé must follow these instructions and submit the necessary documents to the U.S. Embassy for the interview. The U.S. Embassy will then notify your fiancé of the interview date via email.
  • On your fiancé's interview day, the consular officer will inform her whether the visa has been approved or rejected and request additional information using an A221(g). The A221(g) is a document the embassy will provide to your fiancé, containing a list of other documents she needs to prepare before receiving the visa. The A221(g) is most frequently requested in Thailand due to name changes. Thais change their names relatively often compared to Americans and may do so multiple times in their lives. It's common for their names to be officially changed when they are infants. Because of this, the embassy wants to see all official name change certificates to ensure that the individual seeking to immigrate to the United States is indeed who they are. There are many other reasons the embassy might request a A221(g), but name changes seem to be the most common.
  • If approved, the U.S. Embassy/Consulate in Thailand will receive the documents they deem sufficient to issue the visa. For a K-1 visa, they will retain your fiancé's passport and will inform her that they will mail the passport and visa package to her within approximately 1-2 weeks. The U.S. Embassy typically does not reject applications; they usually issue a letter requesting additional documents. Your fiancé will need to submit these requested documents to the U.S. Embassy before approval.

    • How long is a US fiancé visa (K-1 visa) valid?

    The visa is typically valid for 6 months. Once your fiancé arrives in the United States, you and your Thai fiancé must get married within 90 days; otherwise, your Thai fiancé will have to leave the country.

    How long does it take to process a U.S. fiancé visa (K-1 visa)?

    It takes approximately 4-6 months, or up to 8 months, from the date you file your U.S. fiancé visa (K-1 visa) application with USCIS until your Thai fiancé receives the visa from the U.S. Embassy in Bangkok. The process can vary depending on the circumstances and the processing time required by U.S.CIS and the foreign consulate. Therefore, it's crucial to avoid errors made by the applicant or fiancé, as these can significantly delay the process. It's essential to ensure all information is completed correctly and all necessary documents are submitted. Our office can help expedite the process, allowing your fiancé to arrive in the U.S. sooner.

    Is it possible to extend a US fiancé visa (K-1 visa) if one partner believes marriage is not an option?

    A US fiancé visa (K-1 visa) cannot be extended beyond 90 days. This is a single-entry visa, allowing entry into the United States within six months of visa approval. The visa will only be issued if both parties are aware that they must marry within 90 days of the fiancé's arrival in the United States. A fiancé visa is only permitted for individuals who vow to genuinely marry a US citizen, although marriage is not mandatory. If the wedding does not take place within the permitted timeframe, your fiancé will be deported to their home country.

    What are the reasons why a US fiancé visa (K-1 visa) might be rejected?

    A U.S. fiancé visa can be denied if:

  • Is your relationship with your Thai fiancé dishonest?
  • If your Thai fiancé is denied entry to the U.S., here are some common factors that may prevent a foreign national from obtaining a U.S. fiancé visa (K-1 visa) to travel to the United States.

    • What are the reasons for a visa being prohibited in the United States?

  • Health problems (e.g., infectious diseases of public health significance, inability to receive vaccinations, physical or mental disorders).
  • Involvement in, or use of, narcotics, controlled substances, or chemicals.
  • Participation in prostitution.
  • It is likely to become a social problem (e.g., a U.S. citizen unable to support a foreign fiancé/spouse).
  • Violations of any immigration law (including deportation from the United States, illegal stay in the United States, illegal entry into the United States, and misrepresentation or omission of facts concerning or relating to a visa application) or
  • Attempting to enter the United States to participate in illegal activities.

    • Visa issuance may be delayed if U.S. consular officers have concerns regarding any of the above issues and/or require additional information.

    What would happen if the Thai fiancé was deemed to be forbidden?

    There is still hope if it is found that your Thai fiancé is prohibited from immigration. They may be eligible for an exemption for a valid cause of prohibition. A Form I-601 should be filed to request an exemption for your fiancé. However, this form can only be filed after the consular officer has concluded that there is a valid cause of prohibition under the Immigration and Nationality Act. If your Thai fiancé's application is rejected in Thailand, the I-601 petition must be filed with the USCIS Bangkok office.

    Can a US fiancé visa (K-1 visa) be obtained without the assistance of an immigration attorney?

    While it is possible to obtain a fiancé visa without legal assistance, it can be very difficult. You would have to rely on online information, which can sometimes be outdated, as immigration laws and procedures are constantly changing. Consulting with the competent team of lawyers and immigration experts at Siam Legal Thailand will expedite the process because they are knowledgeable about current regulations and familiar with immigration procedures. Therefore, your fiancé's immigration documents will definitely be processed faster with the help of Siam Legal.

    Why is hiring a lawyer for a US fiancé visa (K-1 visa) important?

    Alternative visa services don't offer the same competent advantages as a law firm. Siam Legal Thailand provides clear legal advice based on extensive knowledge of the K-1 visa application process in Thailand. You can be assured that the lawyers always adhere to the regulations of the Bar Association, guaranteeing that no illegal transactions will occur. Finally, other services aren't necessarily cheaper, and some charge fees comparable to law firms. You should spend the same amount of money on a law firm like Siam Legal Thailand for quality consultation.

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