Posts Tagged ‘K-1 Visa’
Wednesday, October 28th, 2009
The following article explains the so-called “Widow’s Penalty.” Legal deficiencies in the US Immigration and Nationality Act place widows and widowers of Americans in a legally difficult position if the American spouse dies before a final ruling in a critical phase of the Immigration process.
US Immigration is a deep area of law because it is an area largely governed by statutory regulations. Certain aspects of American Immigration can be very confusing and one of the most confusing issues deals with two things that few bi-national couples wish to address: Death and Loss of Immigration Benefits.
In cases involving marriage to a United States Citizen, for a foreign fiancee to eventually obtain unconditional permanent residence in the United States they must pass through a series of adjudications for the Immigration authorities to ensure that the marriage is not a sham. There is a valid argument that the US government begins scrutinizing a couple the moment the application for a K1 visa is submitted. Upon preliminary approval, the file will be sent to the US Embassy or Consulate with jurisdiction over the foreign fiancee’s residence. The Consulate will interview the applicant and if satisfied that the marriage is genuine, they will issue a K1 visa. The foreign fiancee will then pass through an inspection point at a port of entry in the United States where Customs and Border Protection officers will make another determination as to admissibility.
After lawful admission in the United States, the non-Citizen fiancee must marry the Citizen fiance and apply for adjustment of status wthin 90 days. In most cases, the marriage is executed and the foreign spouse is approved for adjustment, thereby making her a conditional lawful permanent resident. After two years in conditional permanent resident status, the couple must apply to have the foreign spouse’s residence made unconditional. The so-called “widows penalty” becomes an issue during the pendency of an adjustment of status application or before the submission of an application to lift the conditions of the foreign spouse’s residence. If the American Citizen spouse dies prior to the approval of either of these petitions, then it can create a difficult situation for the foreign spouse because the applicant no longer meets the requirement for a lifting of conditions or adjustment. Thus, the non-Citizen widow could be considered out of status as they are no longer married to a United States Citizen. US Courts have attempted to address this problem by interpreting statutes to allow foreign spouses to remain in the United States. The United States Department of Homeland Security has provided a sort of amnesty for widows by deferring inspection of those in that situation.
These legal issues are not fully settled as currently there are conflicting interpretations of these laws. In general, the mood of the courts seems to be in favor of doing away with this so-called penalty because implementing the law in its current form leads to unfair outcomes for immigrants already present in the USA.
Tags: CR1 Visa, K-1 Visa, K1 Interview, K1 Visa, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa, Widows Penalty
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Tuesday, October 27th, 2009
As of the day of this writing, USCIS is issuing a new G28 (Notice of Attorney Appearance) form. This document is used to signal the presence of an attorney in a case pending before the DHS (Department of Homeland Security).
American Citizens date, court, and often marry people from countries other than the USA. As a result, a large number of Immigration applications are submitted to the DHS (Department of Homeland Security). Oftentimes, the beneficiary and petitioner decide to handle the immigration matter by themselves, in that case the G28 will not need to be presented as there is no attorney involved. A G28 form is used to inform the government that a qualified representative has entered their appearance in a case.
A significant difference between the old and new version of the G28 form is that the new form requires one to indicate in which agency the case is pending. If the situation involves an issue with the CBP (Customs and Border Protection), then the lawyer will tick the box on the G-28 denoting said agency. If the situation involves a client who has been detained by ICE (Immigration and Customs Enforcement), then the for requires that this information be disclosed.
In situations where a G-28 is submitted, it is common for USCIS to send the attorney of record duplicate copies of all correspondence between the Service and the Petitioner. Also, if the US Embassy sends correspondence to the non-citizen beneficiary, then the American attorney will generally be provided with a copy of the relevant correspondence.
As mentioned in previous articles, submission of a G28 form is one way of making certain that one is dealing with an attorney because only an attorney may be paid to appear before the government in immigration matters. Further, the current G28 form requires the attorney to disclose their state of license and bar number. One should not feel embarrassed to ask for a copy of an attorney’s credentials. Any United States Immigration practitioner who is unable to produce some sort of license (state bar license, state Supreme Court license, Federal Court license, etc.) should be viewed with caution.
To learn more please see: k1 visa. Please see k1 visa process for more on getting a visa to the USA.
Tags: Fiance Visa, G-28, K-1 Visa, K1 Visa, My Thai Fiancee, Us Embassy Bangkok, US Embassy Thailand, US Immigration
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Thursday, October 15th, 2009
This post is meant to provide information regarding the many facets of the US Immigration process for Thai Fiancees. All over the world wide web there are websites which claim expertise in US Visas from Thailand. The intention of this piece is to simply provide information and insight.
The K1 visa process is relatively long, and at times, the cause of some consternation. In certain instances, a Thai-American couple will wait between 5-6 months before obtaining approval from USCIS. Upon approval, the application must be sent to the National Visa Center and then finally, in the case of Thai fiancee visa applications, to the file will be sent to the US Embassy in Thailand. For many, this process can be aggravating. In many cases, the wait ultimately results in the issuance of a valid K1 fiancee visa.
After receiving the visa, there are those who are distressed about the information imparted on the actual travel document. Of great concern is the notation on the visa which states: “K-1 Petition Expires on MM DD, YYYY.” Many American Citizens mistakenly believe that this is the end of the visa’s validity. As a practical matter, the visa is valid for going to the USA until its expiration. As a rule, K1 visas are valid for six months. Although, they could be issued with more or less validity as it is technically at the discretion of the Consular Officer adjudicating the case at the United States Embassy in Bangkok.
The expiration date of the visa can cause confusion as well. The K1 visa is valid for six months after issuance. After arriving in the USA and being lawfully admitted thereto, the holder of the K1 visa will be able to remain for 90 days. Subsequent to an approval for adjustment of status, the K1 visa holder will be granted conditional lawful permanent residence. Some people, after being issued the K1 fiance visa, are puzzled by these different dates. The important thing to bear in mind about the K1 visa is that it can be utilized within 6 months of its issuance and it provides 90 days of lawful status to the bearer upon entry. If the parties do not get married in 90 days, then the K1 visa holder must leave the USA before the visa expires.
Tags: Fiance Visa, K-1 Visa, K1 Visa, K1 Visa Interview, My Thai Fiancee, Us Embassy Bangkok, US Embassy Thailand, US Immigration
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Sunday, October 4th, 2009
A major concern for anyone seeking to retain legal advice regarding an Immigration matter from Thailand: how can I tell if my Thai fiancee is receiving legal advice from a competent credible professional? The answer: ask to see some credentials. Much like a waitress asking someone for ID who appears less than 21 years of age, prospective clients should never be too shy to ask their prospective attorney for a copy of his or her bar card or other certificate in order authenticate their credentials. Also, inquire as to what law school the attorney attended, if he or she graduated, and upon graduation what state bar exam was taken and passed in order to acquire a license to practice law. If the person in question evades the inquiry or becomes hostile, then this might be a sign that the person is hiding something…or isn’t what they claim to be. If he or she provides the name of their state of licensure, then go to the internet and search for the bar association or Supreme Court of that state. Every state maintains a database listing all of the attorneys licensed in their jurisdiction. If the “attorney” is not on this list, then further inquiry may be required.
Usually at this phase, most people would wonder: “Am I going to trust my Thai fiance to an operator who fabricates information about their legal credentials?”
United States Immigration rules and regulations are a complex and constantly changing area of American law. On the surface, United States immigration may appear to be a straightforward endeavor and there are those who claim it is merely “filling in forms.” However, upon further investigation, one will quickly see that it is a narrow and deep area of legal practice, filled with pitfalls for the unwary. Failure to be one hundred percent honest in an application can lead to unintended consequences. Pose this question to yourself, “should I place my thai fiancee in the hands of a person who instructs her to lie to the U.S. Government?”
A lack of knowledge with regard to applicable immigration rules, regulations, and deadlines, can place the otherwise innocent couple into a situation where their hopes of obtaining a visa are in jeopardy. When hiring an Immigration Attorney stay away from so-called “visa companies,” and “visa specialists,” as they are unsanctioned by the Immigration authorities at USCIS. The operators to be most on the lookout for often use the even more sinister tactic of claiming to be an actual attorney when in fact they are unlicensed and often have not even graduated from an accredited law school in the US. An unethical operator such as this ought to be dismissed out of hand, because they can cause problems in a case due to lack of expertise and where something does go wrong, even where it is no fault of theirs, they still are unable to remedy the situation because USCIS will not correspond with an unlicensed agent. Generally, Embassies and Consulates will not accept 221g follow up documentation from an unlicensed attorney.
To learn more about this and other Immigration matters please see: K1 Visa Thailand.
Tags: Fiance Visa, K-1 Visa, K1 Visa, K1 Visa Interview, My Thai Fiancee, Us Embassy Bangkok, US Embassy Thailand, US Immigration
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Thursday, September 10th, 2009
The Dual Intent Doctrine is a legal concept that occasionally arises in United States jurisprudence, specifically Immigration and Nationality law. This idea was formulated in order to grapple with those situations where an alien present in the US on a non-immigrant visa has aspirations for eventual residence. Pursuant to the American Immigration and Nationality Act (INA) a non-immigrant can be denied access to the United States either at the Embassy level (through visa denial) or at the port of entry in the United States should the competent authorities decide that the applicant is actually intending to immigrate. For instance, many applicants for a US tourist visa are turned down based upon section 214b of the INA which creates a statutory presumption of immigrant intent, those presumed to have immigrant intent cannot be granted a non-immigrant visa. The Doctrine of Dual intent creates visas which allow the visa holder to simultaneously have both the intention to remain in the US short term and the intention to remain in the US long term. Examples of visa categories which utilize the dual intent doctrine are the L1 visas and the H1b visas. Both of these employment visas leave legal room for alien to aspire to American Permanent Residence, while also maintaining non-immigrant visa status. In the area of United States Family Immigration, the K1 fiance visa is a classic example of a visa that employs the dual intent doctrine. The bearer of an American fiance visa is permitted to request admission to the USA at a port of entry. At first, the K1 visa holder is in non-immigrant visa status and the visa has a validity of merely 90 days once used. However, the bearer of the visa is allowed to get married to their American fiance and apply for permanent residence via adjustment of status. If applying for most visas, an applicant with dual intent would be denied a visa, or be barred from entering the United States. In certain cases, American Immigration legislation has created special exceptions to general rules in order to deal with extraordinary situations.
Tags: American Visa, Dual Intent, K-1 Visa, K1 Visa, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa
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Thursday, September 3rd, 2009
Coming to Thailand in order to stay long term and bringing a loved one from Thailand to the United States can be difficult efforts. When one analyzes the Consular and Immigration systems of the United States and Thailand one can quickly ascertain that the Thai system is less complicated. Simultaneously, the Thai government grants more convenient access than does that of the United States. At the time of this writing, the Kingdom of Thailand extends visa-free entry privileges to citizens of many countries. For those who enter Thailand without a proper visa, they may gain presence based upon a visa exemption. Most non-immigrants must depart the Kingdom within thirty days. That being said, if a person enters the Kingdom of Thailand on a visa exemption at a land border, then the entrant will, more likely than not, only be accorded a fifteen day exemption. Those opting to stay in Thailand for a longer period than their visa exemption’s validity can apply for a long term Thai visa in another country. The most widely utilized Thai Visa categories are: (B) Business, Tourist, Education (ED), and the catch-all Other (o) category. To compare the Thai Immigration system to that of the United States is to compare two very dissimilar methods of Immigration control. In the case of the Thai system, the rules are somewhat lax, however under the US system the rules have become increasingly stringent. At one time, it was possible to obtain a United States tourist visa without being subjected to a visa interview. Since September 11th, the United States Embassy in Bangkok has required interviews for those applying for American tourist visas. In Thailand, there is no such thing as a fiance(e) visa. Multi-national Thai couples who would like to remain in Thailand can apply for an “O” visa, but only if one of them is a Citizen or resident of Thailand. That being said, a visa application which is based upon an intent to marry a Thai is unlikely to receive approval. On the other hand, many foreign fiances of American Citizens come to America in order to get married. Each year in Thailand, many applications for the K1 visa (fiancee) are processed through the US Embassy. Thai-American couples that successfully get a K1 visa usually get married in the United States and apply for an adjustment of the Thai national’s status. Unlike Thailand, US permanent residence is somewhat easy to obtain for those married to a US Citizen.
Tags: American Visa, B2 Visa, K-1 Visa, K1 Visa, Thai Visa, Thailand Visa, US Fiancee Visa, US Immigration, US Student Visa, US Visa
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Tuesday, August 18th, 2009
An frequent query regarding the Supplemental Marriage Visa Petition is: why is the marriage visa application using the same form as the K1 visa for a fiance?
The K-3 visa was originally created as an expedited visa for foreign spouses of Americans. Back when the United States Citizenship and Immigration Service was referred to as the Immigration and Naturalization Service (INS), the classic I-130 application for an IR-1 or CR-1 Immigrant Spouse visa took as long as three years to adjudicate. This lead to an egregious backlog of pending cases and probably was one of the reasons why INS (USCIS) was reorganized.
When petitioning for any American marriage visa, the initial task involves submitting an I-130 petition. Should the couple decide to apply for a faster visa, then they have the right to file an I-129f petition with a USCIS Service Center. This part of the process can only happen after the first application has been received by the correct USCIS office.
In certain ways, the K3 marriage visa is the same as the V visa, as they are both intended for family members to travel to the USA while awaiting adjudication of an Immigrant visa. At present, use of the V visa is in decline because it can only be utilized by those who filed for an immigrant visa before a statutorily prescribed date.
This still does not answer the question, why use the fiance visa application form? Put simply, it was probably simpler and less expensive to use the K1 visa application form rather than create a completely new document to be used exclusively for the K3 marriage visa.
In cases involving those who are unaccustomed to dealing with USCIS, filing proper documentation is the key to favorable results. At the same time, this analysis can change depending upon the situation. Therefore, the burden of proof may be different if one is seeking a fiance visa versus a marriage visa.
One should always remember that providing false documentation in a visa application is never a positive way of obtaining Immigration benefits. This approach sometimes results in a finding of legal admissibility with the upshot being a further investment of money and time to eventually ensure the significant other gets a US visa.
(Please note that nothing contained herein should be utilized as a substitute for legal advice. People seeking legal information should consult an attorney for personal legal advice. No Lawyer-Client obligations are to be inferred to have been created between the author and any reader of this posting.)
Tags: American Visa, Fiance Visa, Fiancee Visa, K-1 Visa, K-3 Visa, K1 Fiance Visa, K1 Visa, K3 Visa, US Immigration, US Visa
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Friday, August 14th, 2009
Even though this query sounds as if it has an easy answer, in reality visas are a complicated area for laypeople. Some folks do not realize that until after WWI passports were a rarity, and visas were not often utilized.
The types of visa discussed in this article are not used to purchase consumer goods. Conversely, these are the items necessary to enter many foreign nations. A widely held belief involves the concept that the holder of a visa has an unalienable “right” to enter the foreign nation. In general, a visa does not confer an unalienable right to enter a country.” Instead, a visa is simply an acknowledgment by a diplomatic or consular officer that the person holding the visa should be accorded the right to seek entry.
In Thailand, there are many different visa categories under Thai Immigration law. Thailand seems to have a Permanent Resident system comparable to that of the USA. However, looks can be deceiving as Thai Permanent Residence is extremely difficult to obtain and there is a quota set for people of differing nationalities. In the late 1970’s the Thai government authorities at Royal Thai Immigration promulgated non-immigrant visa categories. At present the most common categories are the B visa (Thailand Business Visa), the Thailand O Visa, and the Thailand Retirement Visa.
A large number of Thai nationals request entry to the USA on a yearly basis. One of the most desired visas by Thai nationals is the K1 fiancee visa. The K1 visa was created for Thai fiancee’s of American Citizens who wish to travel to the USA and marry their loved one.
In some cases, where a couple is already married, it may be necessary to file for a classic United States Immigrant Visa. The CR-1 or IR-1 Visa (Immigrant) give the bearer the right to reside permanently in the USA. In most cases, the Immigrant Visa will take 12 months to process. However, for those couples who are already married and wish to expedite the process the K3 marriage visa is an option. The K3, like the K1, is a non-immigrant visa category. This means that the K3 visa holder will need to adjust their status in the USA. In the past, K3’s were considered important because CR1 and IR1 Immigrant visas took a long time to process. The K3 is slowly being rendered obsolete due to increased efficiency on the part of USCIS.
Countries other than the Kingdom of Thailand and the United States issue visas.
For more information please see Thailand Visa
This isn’t a sufficient alternative to individualized legal counsel. No Attorney/client relationship should be inferred from reading this article.)
Tags: K-1 Visa, K1 Interview, K1 Visa, Packet 3, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa
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Friday, July 31st, 2009
Lots of people come to the Kingdom of Thailand and find true love. The women of Siam are among the most intriguing and captivating in the world. Therefore, many United States Citizens seek to have their Thai fiancee join them in the USA.
In an overzealous attempt to speed up the US Immigration process some Americans use dishonest Immigration tactics, but in the end, these methods often result in more delay and frustration than they sought to avoid. Some people attempt to avoid filing for a US fiancee visa for a Thai loved one. The reason people wish to circumvent this visa route is based in part on the fact that the K-1 visa processing time is somewhat longer than that of some of the other non-immigrant visa categories. For example, the use of American tourist visas to bring Thai loved ones to the USA is well documented. This Immigration scenario usually ends badly because the Thai fiance is often denied the visa at the United States Embassy in Bangkok, Thailand or worse refused entry to at the Immigration checkpoint in the United States. Other issues could come up when the Thai national tries to adjust their status from Tourist visa holder to lawful permanent resident in the United States subsequent to marriage.
Since September 11th 2001, the United States Embassy in Bangkok has been more vigilant in verifying the bona fides of US Tourist Visa applications, the result of this vigilance is a comparatively higher denial rate. The result of more tourist visa denials is a situation in which US men seek to bring their Thai loved one to the United States on a Student visa. This method is ill-advised because, as with use of the US Tourist visa for undisclosed immigration purposes, utilizing an F-1 student visa when the Thai lady really intends to marry her American citizen fiance could lead to negative consequences. Providing false information to United States Immigration Officials is not only a legal ground of inadmissibility that could cause the Thai fiance to be barred from traveling to the USA, it could also lead to criminal charges leveled against both the Thai immigrant and the American Citizen fiance. Therefore, it is highly recommended that those wishing to travel to the USA for the purpose of marriage utilize the K-1 visa since it is the proper Immigration category for this purpose.
This article is not meant to be used as substantive legal advice. An Attorney-Client Relationship is NOT Created by reading this posting. For more information please see Visa Lawyer Thailand.
Tags: American Visa, B2 Visa, F-1 Visa, green card, K-1 Visa, K1 Visa, US Fiancee Visa, US Immigration, US Student Visa, US Visa
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Tuesday, July 21st, 2009
US Immigration can be a complex and intricate area of the law. American Immigration law can be a very dense specialty because many different government agency regulations have an impact upon the American Visa obtainment process.
The Thai Kingdom isn’t merely known for its exotic environment, superb climate, and wondrous architecture. The Kingdom also boasts some of the World’s most physically striking women. Add to this the fact that the Thai people are some of the most hospitable people in the world and the weary traveler is left with an environment that comes as close to a “Garden of Eden,” as one could find. Many Americans find true love in Thailand. As a result, the US Citizen needs to obtain a visa for their new found loved one. This piece is written in order to discourage the use of improper travel documents for US Immigration.
The J1 visa is intended for exchange visitors traveling to the United States of America. J1’s help facilitate interaction between US Citizens and people from abroad. Some Thai-American couples consider the J-1 visa as a method for bringing their fiancee to the United States and thus skirt the comparatively longer processing time of the K-1 fiance visa. Although this strategy seems logical at first blush; in fact, it is something of a “false mate.” The reason it is inadvisable to utilize a J-1 visa as a fiance visa for a Thai-American couple is due to the fact that Immigration fraud issues may arise when a Thai or American lies about their intentions with regard to entering the USA.
A further concern is something known as the Foreign Residency Requirement. In certain situations, the recipient of a J-1 visa will be required to maintain a foreign residence for at least two years after the J-1 has expired. The reason for this foreign residency period is because many of those who enter the US on a J1 are specially trained and that training is often paid for by either the Thai or the United States government under the express provision that the J-1 visa holder return to their home country to use their training. To do otherwise would often undermine the whole reason for issuing the travel document in the first place. That being said, there is waiver of this foreign residency requirement available, but it is very difficult to obtain. That being said, it may be imprudent to bring a Thai loved one to the United States on a J-1 visa if a Foreign Residence Requirement will later be imposed.
For more information please see: visa lawyer thailand
(This is not legal advice, for legal advice contact a lawyer. A Lawyer/Client relationship should not be inferred to exist by reading this article.)
Tags: American Visa Thailand, J-1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K1 Visa Thailand, Thai J-1 Visa, US Visa Thailand
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