Should I use a US Immigration Lawyer for a US K1 Visa?

What Is a K-1 Visa?

The K-1 visa is a temporary, non-immigrant visa that is issued to the fiancé or fiancée of a US resident. This visa makes it possible for an engaged couple, or a foreigner and US citizen, to enter the US and legally get married. Once you enter the country, you have 90 days to fulfill your wedding plans. Your US immigration lawyer in Thailand can go over the details with you and advise you on how to make the best impression on the USCIS (the United States Citizenship and Immigration Services) office.

Taking the First Step of the K1 Visa Process

Before you begin the US visa application in Thailand, you and your partner should show that you have already been acquainted for the last two years. This can be done by providing evidentiary materials – related pictures and letters, and statements from friends that know you as a couple.

Filing the Petition

As a US citizen who is filing the petition, you need help from a US immigration attorney in Thailand to make sure everything is done correctly. If you submit a petition by US mail, use Form I-129F, or a Petition for Alien Fiancé from the USCIS.

Required Documentation

When filing the petition, you will need to submit, as well, proof of US citizenship. This can be done with a passport or birth certificate. Other documents you will need include the following:

• Evidence of your relationship and intended marital plans.

• A personal statement from each party about his or her relationship and marriage plans in the US.

• Proof of a prior marriage, if applicable, through a birth certificate or death certificate

• Current passport-style photos of each of you that have been taken within the last 30 days

• Evidence, if applicable, of the commission of a domestic or violent crime**

**If you have committed a crime of this nature or your partner has this type of conviction, you definitely need to seek legal help and advice. An attorney can help you present your case and situation in a more positive light so your petition is accepted.

When you petition for a K-1 visa in Thailand, you will need to submit a nonrefundable fee. The USCIS website can give you further details about what you will owe. Once the USCIS reviews your application and petition, it will scan it for completeness and follow up. Afterward, the agency will send you a Form I-797 - Notice of Action. This form acknowledges receipt of your US visa petition.

Thai Fiancé/Fiancée Makes Application to the US Embassy or Consulate in Thailand

The US embassy or consulate will inform your Thai fiancé or fiancée about its requirements concerning medical exams, forms, and paperwork. Some of the documents may be specific to a country. Afterward, your fiancé or fiancée will need to appear at the consulate’s office for a scheduled interview. Besides showing a current and valid passport, your Thai partner needs to submit the following documents when he or she arrives at the interview:

• A birth certificate.

• A death certificate or divorce certificate, if either spouse was married previously.

• A police certificate concerning residency, if relevant.

• A medical exam report. If your immigrant partner plans to get a green card and work in the US, he or she should get vaccinated and present the vaccinations on the report. While it is not necessary to get vaccinated at this stage in the process, it can make things easier. Your partner will eventually need to get all US-required vaccinations as a condition for staying in the US.

• Proof of financial support through a Form I-134, or Affidavit of Support – this should be signed by you, as the petitioner. See the K1 Visa Financial Requirements.

• An online DS-160, or non-immigrant US visa application.

• A passport that is valid for US travel that shows an expiration date that is, at the minimum, six months past the date you would have to leave the US after entry on a K-1 visa.

• The payments for the visa.

As you can see, this part of the K1 fiancee visa process is rather comprehensive, if not complex. That is why you should make sure you have everything covered in this respect. If the US embassy or consulate denies your case, you really cannot appeal the decision at this point. While you can reapply, an appeal would probably, for all practical purposes, not be considered.

By retaining a US immigration attorney in Thailand, you can go through the US K-1 visa application process with more ease and understanding. If you want to present yourselves in the best possible light, it is always better to seek legal counsel before you embark on this type of activity.