US K1 Fiancee Visa - When Can My Thai Fiancee Travel to the USA?

[CrazyExpat]

This article is designed to inform readers about the issues surrounding issuance of a K1 visa for a Thai fiancee. Throughout the internet, there are many articles and websites which purport to have expertise in matters related to United States Immigration from Thailand. The intention of this piece is to simply provide information and insight.

The process of acquiring a K1 visa is somewhat time consuming and can cause frustration for the the American Petitioner and Thai Beneficiary. In many cases, a couple will wait five or six months before being granted preliminary approval from the United States Citizenship and Immigration Service. 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 United States Embassy in Bangkok. For many, this process can be aggravating. In many cases, the wait ultimately results in the issuance of a valid K1 fiancee visa.

Once the visa is issued, some American Citizen fiances become concerned about the information and dates noted on the visa itself. 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 travel to the USA until the expiration date expressly recorded on the visa. As a general rule, K1 fiance visas are distributed with a validity of 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 visa's actual date of expiration can be the catalyst for perplexity also. The K1 visa is valid for six months after issuance. That being said, upon arriving in the United States and being admitted at the port of entry the K1 visa holder is only entitled to 90 days presence in the United States (it should be noted that if the visa holder does, in fact, marry the American and apply for adjustment of status, then she would be entitled to remain indefinitely provided the adjustment of status is approved and any conditions are lifted). Many people, after receiving the K1 visa, are confused by these differing 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 couple does not marry within 90 days, then the Thai fiancee will need to depart the USA before the visa's expiration.

Ben Hart is an attorney from the United States. He is a Member of the American Immigration Lawyers Association. He currently works in the area of US Immigration from Thailand, Cambodia, Loas, and Myanmar. To learn more contact 1-877-231-7533 or email info@integrity-legal.com. Relevant information can also be found at us visa or k3 visa.

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