US Visa Application
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Thai citizens who seek to travel to the United States for a temporary period or take up permanent residence in the country are required for a visa. The purpose of your intended visit (and other facts) will determine what type of visa is needed under the U.S. Immigration Law. If you wish to apply for a visa, it is required to meet all eligibility in order to receive the appropriate category of visa for which you are applying. Thai applicants are also advised to give significant attention to planning. If you wish to successfully secure a visa, you might want to consider getting expert advice to know when the best time to start your application is.
Immigration forms and the requirements may appear deceptively simple. However, a small error on the form or a missing document in the packet can result in long delays or even rejection of your visa application. The delays or rejection caused by an error may result in irreparable harm to your case in the future.
Our law firm has years of experience in handling challenging immigration cases. We can provide you peace of mind that your case has been appropriately packaged and submitted. Your case will be reviewed by a licensed attorney supported by a team of experienced paralegals. We will provide you an honest and fair assessment of your case before your case is submitted. You will not have to worry if you missed something. Through the use of technology, we can provide assistance to clients throughout the world. We handle each matter in a timely manner and provide prompt responses to your concerns and questions.
As part of our service, Siam Legal International handles a variety of U.S. non-immigrant and immigrant cases, including tourism, business, fiancé, spouse, and other family-based immigration matters. Please see our U.S. Visa Services below:
B1 and B2 US Visa
These visas are intended for those who wish to enter the United States for purposes of short-term business trips under the B1 visa, or for pleasure, tourism or medical purposes under the B2 visa.
K1 U.S. Fiancee Visa
A K1 Visa is a U.S. Visa that allows you as an American to take your Thai fiance/fiancée to the United States with the intention to get married when in the United States within 90 days of arrival.
K3 U.S. Spouse Visa
A K3 Visa is a U.S. Visa which allows the spouses of U.S. citizens to unite with their husband or wife in the United States while waiting for their U.S. immigration status to be processed.
K2 and K4 Visa
The K-2 non-immigrant visa allows the child of a K-1 fiancé visa holder to enter into the U.S. and await the availability of an immigrant visa. The K4 visa is a non-immigrant visa which allows the children of K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa. This is one of the benefits of the K1/K3 visa--it allows derivative beneficiary.
CR1 U.S. Visa
The CR1 spousal visa is an immigrant visa issued to an alien who wishes to enter the U.S. to live and stay with their U.S. citizen or permanent resident spouse. The “CR” from CR1 stands for conditional resident and is applicable to couples who’ve been married less than 2 years.
IR1 U.S. Visa
The IR1 spousal visa is an immigrant visa issued to an alien who wishes to enter the U.S. to live and stay with their U.S. citizen or permanent resident spouse. The "IR" from IR1 stands for immediate relative and is applicable for couples who’ve been married 2 years or longer.
Other U.S. Immigration-related Services
Adjustment of Status
Adjustment of Status is the procedure for aliens to change from a nonimmigrant status to immigrant status without leaving the United States. Those who adjust status become a lawful U.S. Permanent Resident. The alien is required to have been inspected, admitted, or paroled into the United States.
I-601 Waiver Application Assistance
(Application for Waiver of Grounds of Inadmissibility)
If you are an applicant for a non-immigrant "K" visa who is currently in Thailand, who had a visa interview with a consular officer and was found inadmissible. It is still possible for some applicants who have been denied admission to the United States to process an Application for Waiver based on qualifying extreme hardship. You may apply for an I-601 Waiver, granted that your Ground of Inadmissibility falls under those that may be waived. Siam Legal can assist ineligible applicants to submit I-601 Waiver.
Before you begin the U.S. immigration process, please contact our firm for a consultation. You can also contact us through chat, or by telephone.
Important Things to Remember
The requirements to apply for a visa depends primarily on the purpose of travel to the US. Generally, you need to consider the following when applying for a US Visa.
- You must have a valid, machine-readable passport for travel to the United States. Validity date must be at least 6 months beyond your intended period of stay.
- You must meet the program requirements based on the visa category that you wish to apply for.
- Be there in your visa appointment and interview. Review the information provided by the US Embassy for the local processes in Thailand. Consider the embassy security procedures.
In addition, you must also remember that some visa applications require additional special clearances or administrative processing. You must adhere to the regulations when you are advised of this possibility.
Our firm can provide you with services which may include (but not limited to) the following:
- Consultation with our Immigration Specialist to provide you with sound and legal advice on the process of application.
- Preparation of primary and other supporting documents required on the visa category.
- Filing of application to the respective agencies.
- Lawyer Accessibility
- Contact with U.S. embassy
- Embassy interview preparation
- Assistance with the police clearance report and medical examination, when appropriate.
Frequently Asked Questions
Is K-1 visa a single entry or multiple entry visa?The US K-1 Visa is a single entry visa and there is a timeframe when you must use the visa and enter the US.
Can my fiancee bring her child on a K-1 Visa? If yes, what type of visa does she needs to apply for her child?Yes, she needs to apply for a K-2 visa which is a derivative of the K-1 Visa. Both the K-1 Visa and K-2 visa applicants will proceed to the visa interview at the US Embassy in Bangkok. The child must not be older than 21 years old.
After the K-1 visa is approved, does my fiancee needs to travel to the US immediately?No, she doesn’t have to. She can travel to the US within 6 months from the date the visa was issued.
When does my fiancee's K-1 visa 90 days start?The 90 days starts upon arrival in the US. Within the 90-day period, the US citizen and Thai fiancée must get married in order to adjust her immigration status in the US.
Can my fiancee work in the US on a K-1 Visa?Yes, after your marriage in the US, your fiancee will need to apply for a work authorization permit so she can work legally in the US while you are doing the application for Adjustment of Status.
Do we need to meet face to face before we can apply for a K-1 Fiancee Visa?Yes. You and your Thai fiancee must have met face to face within the last 2 years. It is recommended that you have kept photos together and other evidence of the relationship when applying for the visa.
Can my Thai fiancee travel to the US while waiting for her K-1 Visa?Yes. Your Thai fiancee can travel to the US without any problem as long as she has a valid US Tourist Visa. Her leisure trip to the US will not have detrimental in her K-1 Visa application.
My fiancee cannot travel to the US because her K-1 visa has expired. Can she extend it or do we need to apply for a new visa?If the visa of your fiancee has expired, you need to contact the US Embassy to re-issue the visa. The US embassy might request for additional fees and update necessary documents that you submitted when you applied for the visa.
Can I still apply for K-1 Visa if we are already married in Thailand?If you are already married legally in Thailand, you can no longer apply for a K-1 Visa. You need to apply for a spouse visa such as K3 Visa or CR-1 Visa.
How long does the process take if I apply for an I-130 visa for my wife?The processing time takes up to a year.
Does my fiancee requires to have a criminal background check in applying for a K-1 Visa?Yes, the US Embassy in Bangkok requires a police clearance certificate from Thailand and other jurisdiction where your fiancée has lived more than 6 months.
How long can my fiancee stay in the US on a K-1 Visa?Your fiancee can stay in the US for 90 days only and you need to get married within this period.
If we did not get married in the US on a K-1 Visa, can my fiancee extend her visa so she can stay long?As a requirement in applying a K-1 Visa, you need to get married within 90 days. If you did not get married within this timeframe, your fiancee needs to leave the country before the K-1 Visa expires.
How long is the process in applying for a K-1 Fiancee Visa?The processing time is between 6-8 months. This involves processing at the USCIS, National Visa Center and the US Embassy in Thailand.
How many years of tax returns does the US Embassy requires in applying K-1 Fiancee Visa?The US Embassy in Thailand requires the petitioner to present the last three years of tax returns.
My fiancee’s child is 22 years old. Can she bring her child on a K-2 Visa?No, she cannot bring her child anymore on a K-2 Visa derivative. The age requirement in applying for a K-2 visa is unmarried marital status and 21 years below.
My wife and I are married for over 2 years already. Do I need to apply for a CR-1 or an IR-1 Visa?Since you are already married over 2 years, then your wife is eligible for an IR-1 Visa or immediately relative visa.
US Embassy Thailand to Siam Legal Bangkok
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