Thailand Marriage & Fiancee Visa F. A. Q.

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Thailand Marriage Visa & Fiancee Visa Services FAQ

K-1 Fiancee Visa - what is it?

A K-1 Fiancee visa is an non-immigrant visa that allows your Fiancee to enter the U.S. for the purpose of marriage. A K-1 visa is valid for a limited period of time, normally 3 months, during which the marriage must occur. No extension of stay is allowed.

K-3 Spousal Visa - what is it?

A K-3 Spousal visa is a multiple-entry non-immigrant visa that allows your spouse to enter the U.S. for the purpose of obtaining resident status. A K-3 visa is valid for 2 years, during which the application to USCIS for residency is processed.

Birth certificate - Do I have to send in my original birth certificate, passport, or Naturalization certificate?

Copies of documents are sufficient.

Where can I have someone to notarize my documents?

Usually at a bank or credit union. The services will usually be free or cost you a few dollars.

Completed Forms - Where do I need to send completed forms with supporting documents?

end the I-129F, G-325A (both copies), and all your supporting documentation to the USCIS service center having jurisdiction over YOUR place of residence.

Cover letter - Should I send a cover letter with the I-129F package?

It is not required but recommended.

Sending - What is the best way to send my I-129F package?

Mail it in person at the Post Office or send by FED EX.

K-1 Process - How do I know when K-1 process is "officially" started?

You will get a "Notice of Action" (Form I-797) from the USCIS. This may take several weeks after you mail it. The notice will explain the normal time required to process this kind of applications. They will also issue a "receipt number" (in the left upper corner) by which you can obtain "case status information" online.

Name Mis-spelled - My Fiancee's name was not spelled correctly on the I-797 Approval Notice. What should I do?

Notify the Immigration Service immediately in writing. Do not forget to include your name, a correct name of you fiancee and your "receipt number".

Waiting time - How long after the approval of my I-129F petition does my Fiancee wait to get the paperwork?

A significant amount of time. The USCIS Service Centers now send the approved petition package to the NVC (National Visa Center), for transmittal to the American Consulate nearest to your Fiancee.

Visit - Can my Fiancee come to the US to visit me once the visa process is started?

Not recommend. Once the initial background check was done by the Consulate, subsequent visits to the US require additional FBI checks be done by the Consulate, which could result in a delay of the visa process.

Timing - When is the K1 visa actually given to my Fiancee?

It depends on the individual consulate. Some issue the visa immediately, but many will not. The visa is given along with a sealed envelope of documents, which must be given to the USCIS officer when entering the U.S. The visa must be used within 6 months from the date of the initial interview. The Fiancee is allowed to enter the U.S. once with the visa, with the purpose of getting married.

Getting married - If my alien Fiancee has been issued a K-1 visa can we get married abroad and then come back together to the U.S. with the K-1?

No. The alien must NOT be married when s/he enters the US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within 90 days of the alien entering on the K-1.

Documents - What happens to all these documents that my Fiancee gives to the Immigration Official at the port of entry?

The package is sent to the USCIS district office closest to where you will reside, which will be the office handling your case once in the USA.

Honeymoon - Is it okay for us to go to the US Virgin Islands or Puerto Rico on our honeymoon without Advance Parole? Not recommended. You may have to deal with Immigration and Customs Enforcement to get back to the United States.

Adjustment of Status - How soon after we get married should we apply for Adjustment of Status?

As soon as possible.

Adjustment of Status - Where do we send the Adjustment of Status application package?

It will depend where you reside. There are four main USCIS Service Centers. You need to check which Service Center has jurisdiction over your state of residency.

Re-entry - Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

Only if they have "advance parole" authorization (Form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. If your Fiancee leaves the U.S. without Form I-131 while her petition for adjustment of status is still pending, her petitioner will be considered abandned.

Relocation - What should we do if we move before the interview happens?

Notify USCIS immediately! You can so on the Internet, phone or mail.

Permanent Resident - I am a Permanent Resident, not a US Citizen. Can I still use the K-3 process?

No.

Preparation - How do I prepare the I-130 package to start the process for a K-3?

Your package must contain your I-130 and supporting documentation. Make sure to specify that your spouse will apply for a K-3 visa.

The documentation required for the I-130 is nearly the same for the I-129F petition.

Notification - What notification will I get from USCIS (INS) that my I-130 petition has been filed?

An I-797 "Notice of Action" from the USCIS. It can take several weeks and will explain the time required to process the applications. A "receipt number" will be printed in the left upper corner of the Notice, by which you can obtain "case status information".

Validity - How long is K-3/K-4 status good for?

K-3 status extends for two years after entry into the United States. Your status will end sooner if your marriage ends, or if K-3 holder obtains a status of Lawful Permanent Resident (LPR). K-4 status is also valid for two years, unless a child turns 21, gets married, or when his/her K-3 parent becomes a Lawful Permanent Resident (LPR).

Emergency - In case of an emergency, can a K-3 holder go to her home country using her K-3 visa and safely return to the United States?

Yes! K-3/K-4 are multiple entry visas. K-3/K-4 holders may leave the United States and return using the same visa. K-3/K-4 holders do not need to obtain an "advance parole" document to reenter the United States.

Web site - Is there an official web site for USCIS?

Yes. Visa Service

Contact
Tod Jombunud:
A.C. Service Ltd., Part.
P.O. Box 135 Mueang Chiang Rai
Chiang Rai Province 57000 Thailand
08-1909-9294; 08-3922-4477; 08-1458-0818

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