Law

The K1 visa is a highly sought United States travel document. This article briefly summarizes the process and requirements involved in obtaining a K1 visa from the Kingdom of Thailand.

Recently, it seems as though the Consular staff at the United States Embassy in Bangkok has been denying more B2 Tourist visa applications based upon section 214(b) of the United States Immigration and Nationality Act. This is likely due to the fact that increasing numbers of applicants seek this visa when in reality a K1 visa would be more appropriate because the applicant has a fiancé who is a United States Citizen. Also, in recent months there has been a noticeable increase of expedited removals from the United States. Customs and Border Protection (CBP) Officers conduct expedited removal proceedings when a foreign national, attempting to enter the USA on a B-2 tourist visa, appears to be an undisclosed intending immigrant rather than a true tourist. Many couples are under the mistaken impression that acquisition of the visa is the only impediment to entering the USA. In reality, expedited removal proceedings could be waiting for the Thai fiancee who attempts to enter the United States on a B2 tourist visa with undisclosed immigrant intent. One who is placed in expedited removal proceedings is not entitled to request readmission to the United States for at least 5 years. Thus, a K-1 fiancee visa ought to be used by those fiancees traveling to the USA because this travel document is unlikely to give rise to expedited removal proceedings.

We can grasp the advantages of the K-1 visa, but what are the requirements for submitting an application? K1 visa applicants and petitioners should have met at least once in person. They should have a bona fide intention to marry. For optimal processing neither party should have a criminal record, but if either party has criminal convictions, then an Immigration attorney may be able to assist in procuring a K1 visa notwithstanding this impediment. K1 visa applicants and petitioners should be legally free to marry and able to prove the same.

State Department Officers at the United States Consulate will decide upon a fiance’s K-1 visa application. If the Consular Officer finds that some documentation is lacking, they may request that further evidence be provided. This is called a 221g refusal in reference to the corresponding section in the Immigration and Nationality Act. 221g refusals are technically considered visa denials, but if the requested documentation is provided, then one can be assured that the application will be adjudicated. For those individuals who have received a 221(g) refusal, a United States Immigration lawyer might be able to provide advice and assistance in submitting the follow up documentation.

Copyright (c) 2010 Ben Hart

About the Author:
Benjamin W. Hart is a Member of the American Immigration Lawyers Association. He is also the Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact Integrity Legal at: 1-877-231-7533, +66 (0)2-266-3698, info@integrity-legal.com. See further information on the internet at: K1 visa requirements or fiance visa.