K1 Visas

Thailand Visa Law
Dedicated to providing correct information on Thailand and USA Visas

What is a K1 Visa

A K1 fiance(e) visa is intended for those who intend to bring their fiancee to the United States for the purpose of marriage. Upon entry into the US, the foreign fiance(e) will have 90 days in which to get married and adjust status. If the foreign fiancee does not marry the US citizen, then he or she must leave the country after 90 days.

What is the K1 timeline?

First thing to do: send a petition to USCIS (Also Known AS: Immigration). After about 2 weeks they will then send you a letter saying they received your petition and will process it.

After approximately 8 weeks you will receive another letter saying your petition has been approved. From there, your petition will be forwarded to the National Visa Center for further review.

After approximately 4 weeks the NVC will forward the packet to the Embassy in Bangkok. The Embassy will send your fiancée a packet explaining what she needs to bring for her Embassy interview (this is known as Packet 3).

After the interview it usually takes three to four business days to process the visa. Depending upon the state in which you live, the petition usually takes between 4-6 months from USCIS receiving the packet to actually obtaining the visa.

FAQS

Should I apply for a tourist visa to get my fiancée into the US to marry her?

DO NOT USE A TOURIST VISA TO GET YOUR FIANCEE TO THE US!
The fact is that over 90% of tourist visa applicants are rejected. If you do get your fiancée to the US on a tourist visa, subsequently marry her and try to make her a permanent resident, this can be construed as attempting to defraud the US government and could lead to criminal penalties and possible deportation for your fiancée.

Do I make enough money to act as my fiancée’s sponsor?

For the next year, anyone earning more than $17,112.50 meets the income requirement for bringing a fiancée into the US. If you do not make this amount of money, then property can be used to cover the shortfall. If you still do not meet the requirement then a co-sponsor can be used. Anyone can act as co-sponsor who meets the income requirement. See K visa Income Requirements for more information.

Can my fiancée bring her children with her to the US?

Yes children of a K-1 beneficiary can come to the US on a K-2 visa under the same visa as their parent for more information see Bringing a Thai child to the US.

Can my fiancée work once she is in the US?

Yes, once married she can adjust her status to obtain her “greencard.” If she would like to work sooner she can file to obtain a work permit. See Adjustment of Status for more information.

Can my fiancée travel back to Thailand after entering the US on a K-1 visa?

After entering the US, your fiancée can travel abroad after she obtains her “greencard.” If she would like to travel abroad before she has obtained her greencard she will need to obtain permission (Also Known As: Advance Parole see: Adjustment of Status and the necessity of advance parole) to leave the country. It is important to note: if your fiancée enters the country and then leaves before obtaining her greencard or advance parole, she will be deemed to have abandoned her visa and you will have to start the process all over again.

What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Drug trafficking
Having HIV/AIDS
Overstaying on a previous US visa
Practicing polygamy
Advocating the overthrow of the government
Submitting fraudulent documents

The consular officer will inform the visa applicant if they are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver process is.

Adjustment of Status Child Immigrants Income Requirements