How to submit your K-1 Visa application at the USCIS

For Thai citizens dreaming of starting a new life in the United States with their American fiancé(e), the USCIS K-1 Visa, also known as the Fiancé(e) Visa, fulfills this requirement. The K-1 visa application allows the Thai nationals to enter the US with the intention of marrying their US partner.

This article aims to simplify the journey. We will walk you through each necessary step involved when applying through the USCIS. Our goal is to provide you with a clear, easy-to-follow guide that outlines what you need to do there. By the end of this article, Thai applicants will have a comprehensive understanding of how to confidently move forward with their K-1 Visa application when at the USCIS.

What is the USCIS and its role regarding the K-1 Visa?

The United States Citizenship and Immigration Services (USCIS) is a federal agency that oversees lawful immigration to the United States. It plays a pivotal role in the K-1 Visa process, a visa specifically for Thai citizens engaged to US citizens. The USCIS evaluates and approves the K-1 Visa applications, ensuring that all requirements are met for the Thai fiancé(e) to enter the U.S. for marriage. This visa allows the Thai partner to stay in the US for a limited time, with the condition that the couple marries within 90 days of arrival. Post-marriage, the USCIS also handles the process for the Thai spouse to become a lawful permanent resident.

Eligibility Criteria

To be eligible to apply for a K-1 Visa at the USCIS, both the US citizen and the Thai fiancé(e) must meet certain criteria:

• Both must be legally free to marry: This means that any previous marriages must have been legally ended by divorce, death, or annulment.
• Must have met in person: The couple must have met in person at least once within the two years before filing for the K-1 Visa. Exceptions can be made in certain circumstances.
• Intent to marry within 90 days: The couple must intend to marry within 90 days of the Thai fiancé(e)’s arrival in the US
• Financial requirements: The US citizen must demonstrate the ability to financially support the fiancé(e).

Application Process

When applying for a K-1 Visa at the USCIS, applicants will be required to complete the following steps:

1. Submit Form I-129F
2. Receipt Confirmation
3. Petition Review and Approval
4. Complete Visa Application
5. Attend the Visa Interview
6. Visa Issuance

Out of all of these, only processes 1 through 3 are applicable to the USCIS.

Submitting Form I-129F

One of the first steps the applicant needs to take when entering the USCIS, is to submit a form known as I-129F. This form, known as the Petition for Alien Fiancé(e), is completed by the US citizen who is engaged to a Thai national. The purpose of this form is to declare the intent to marry and to establish the legitimacy of the relationship. It requires detailed information about both the US citizen and the Thai fiancé(e), including personal details, marital history, and evidence of the relationship. The petitioner must also provide proof that they have met their fiancé(e) in person at least once in the two years prior to filing the petition, unless a specific exemption applies.

Once completed, the form, along with the necessary supporting documents and the filing fee, is sent to USCIS for review. This submission marks the beginning of the formal journey towards obtaining a K-1 Visa, setting the foundation for the subsequent steps in the visa application process. It is essential to fill out this form accurately and provide all required information to avoid delays or complications in the visa approval process.

Receipt Confirmation

After submitting Form I-129F to the USCIS for the K-1 Visa, applicants enter a phase of anticipation, waiting for the receipt confirmation. This confirmation is a crucial acknowledgment from USCIS, indicating that they have received the petition. Known as the Notice of Action 1 (NOA1), this document is more than just a receipt; it signifies the start of the processing of the K-1 Visa application. The NOA1 provides a unique case number, which is essential for tracking the status of the application. Receiving this confirmation can bring relief to applicants, as it means their documents have been successfully submitted and are under review. It’s important for applicants to carefully store this notice, as the case number will be required for future inquiries and correspondence with USCIS. The time frame for receiving the NOA1 can vary, but typically, applicants can expect it within a few weeks after submission. This step, while seemingly small, is a significant milestone in the journey towards reuniting with a fiancé(e) in the United States.

Petition Review and Approval

Following the submission of Form I-129F and the receipt of the confirmation notice, the USCIS begins a detailed review of the petition for the K-1 Visa. This stage is critical as it involves a thorough examination of the submitted documents and information to verify the authenticity of the relationship and the eligibility of the applicant for the fiancé(e) visa. The review process includes checking the accuracy of the details provided, ensuring compliance with the visa requirements, and confirming that both parties are free to marry. This phase can take several months, during which the USCIS may request additional information or documentation to support the petition. Approval of the petition is a significant step forward in the process. Once approved, the USCIS sends a Notice of Action 2 (NOA2), signifying that the petition has met the necessary criteria and is moving to the next stage. This approval is a moment of progress and brings the applicant closer to reuniting with their fiancé(e) in the United States. It’s important for applicants to remain patient during this period and to prepare for the subsequent steps, including the visa interview and final arrangements for the move.

Conclusion

The USCIS K1 Visa offers a path for Thai citizens engaged to U.S. citizens to marry in the United States and start their life together. While the process involves several steps and requirements, understanding each phase helps ensure a smoother journey. With the right preparation and knowledge, Thai citizens can handle the K1 Visa process effectively, paving the way for a new chapter in the United States.

Contact Siam Legal

Ken Graham US Immigration Attorney Partner, Siam Legal International

Natdaphon Luengsawang Senior US Visa Consultant Siam Legal International

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