What is a K-1 Visa?
A K1 fiancee visa is needed if a U.S. Citizen wishes to take their Thai fiancee with them to the US. We have listed a brief breakdown of the basic criteria of a K1 Visa. Also there are certain procedures to follow not only with the procedures but also with a petition extension should that be needed.
Definition of a US K-1 Visa
The definition of a fiancee for the K1 visa is someone who is engaged to be married. The marriage however must be legally recognizable based on the laws of the United States. The general criteria for the K1 Visa are that the parties must at least have met within the past two year period. Homeland Security may make exceptions such as if certain cultures that do not allow the parties to meet in person before a wedding.
How Does a K1 Visa Work?
If you have met your Thai fiancee and wish her to travel to the US to marry, the process for the K1 Visa starts with filing of a Petition for Alien Fiance in the United States.
Start your K-1 Visa application. Visit Siam Legal’s K-1 Fiancee Visa to start your visa application right away.
Starting the K1 Visa process
The process starts with the filing of the Form I-129F also known as a Petition for Alien Fiance with the United States Citizenship and Immigration Service. Kindly note, that you cannot start the petition at an embassy abroad. Once the petition is approved it is sent to the National Visa Center. The National Visa Center will then process the petition and send it to the embassy in Bangkok, Thailand for your Thai fiancee to complete.
The petition is only valid for 4 months after it has been approved by USCIS. Should you not be able to complete the process with that time period, the embassy may be able to extend it for you. It is therefore best to see an attorney to handle all the paperwork in Thailand noting the language barriers, time zones and limited time.
Entering the United States
After the Thai fiancee enters the US, the couple has 90 days to get married. Once the K-1 marriage has occurred, the Thai wife needs to file for an adjustment of status to a U.S. Permanent Resident.
Should you Thai fiancee before getting married have to leave the United States, she would not be able to return to the US on the same K1 Visa. The K-1 Visa is a single entry visa.
Children and the K-1 Visa holder
A K-1 Visa applicant has to place their child or children’s name(s) on the original I-129F petition if they want to bring their children with them on a K-2 Visa. The child can come to the United States with the K1 Visa holder or within a year from the date on which the K1 Visa had been issued.
There are numerous documents needed for the visa application when the process ends at the US Embassy in Thailand. These include but not limited to vaccination certificate and criminal records checks.
Start your K-1 Fiancee Visa application right away!