US K1 Visa

US K1 Visa

If you’re an American citizen planning to marry your Thai fiance(e) in the United States, the US K1 Visa is your best option. This visa allows your Thai partner to legally enter the US, giving you 90 days to get married and begin the process of applying for permanent residency together.

On this page is a detailed breakdown of the visa, its requirements, the roles of each partner, and the application process. The better your understanding of this visa, the more likely you and your partner will be approved and you can begin your new life in the USA ASAP.

What is the US K1 Visa and Who is It For?

The US K1 Visa allows a US citizen’s foreign fiancé(e) to enter the US to get married within 90 days of arrival. Failure to get legally married within this timeframe voids the visa, and you would have to restart the process.

After marriage, the foreign partner can apply for an Adjustment of Status to become a lawful permanent resident. This visa is specifically for fiance(e)s of US citizens who plan to marry in the US, giving them a straightforward path to legal residency once married.

If your fiance(e) has children, they may be eligible for a US K2 Visa, which allows them to accompany your fiance(e), the K1 Visa holder, to the US, so long as they meet certain requirements.

If you are already married to a Thai spouse, this is not the visa for you. Instead, you will need to apply for the US K3 Visa or the US CR1 Visa to bring your spouse over to the US.

What are the Benefits of the US K1 Visa for Your Thai Fiance(e)?

That covers the basics of the US K1 Visa, so now let’s look at what benefits the visa offers your fiance(e) once they set foot on US soil. The US K1 Visa will allow your fiance(e) to:

• Legally enter the US for the purpose of marriage
• Stay in the US for 90 days, during which you both must marry
• Apply for permanent residency after marriage through an Adjustment of Status

However, the K1 Visa does not:

• Automatically grant permanent residency — it only allows your fiance(e) to marry and then apply for residency.
• Allow your fiance(e) to work immediately upon arrival. To work, they must first apply for a work permit after entering the US.

What are the Eligibility Requirements for the US K1 Visa?

There are two roles you and your fiance(e) must fill, the role of the US citizen sponsor (you) and the role of the applicant (your Thai fiance(e)). As the sponsor, you must:

• Fill out all the necessary paperwork and start the visa process by filing a petition (Form I-129F) to the US Citizenship and Immigration Services (USCIS).
• Provide financial support for your fiance(e) and meet the income requirements
• Prove that your income (the sponsor’s) meets or exceeds 125% of the poverty level in your state.

For your fiance(e), they must:

• Attend and pass the interview at the US Embassy in Thailand
• Have passed a criminal record check and medical exam

Now, onto the eligibility requirements that you both must meet:

• Be a foreign and a US citizen couple pairing
• Have met each other face-to-face during the last 2 years
• Be free to marry
• Have plans of marrying within 90 days of arriving in the US

What are the Documents Needed for the US K1 Visa Application from Thailand?

Now that you know what roles you and your fiance(e) will need to take on and the eligibility requirements, here is a list of documents that you both will need to provide for the US K1 Visa application:

• A completed and signed Form I-129F
• Form I-129F filing fee
• 1 passport-style photograph of you, the sponsor
• 1 passport-style photograph of your fiance(e)
• Evidence of your (the sponsor’s) citizenship such as birth certificates and valid passport
• Evidence that you and your fiance(e) have legally terminated any previous marriage (if applicable)
• Evidence or statements from you both that certify your intent to marry within 90 days after entering the US
• Evidence that you both have met in the last 2 years or evidence that an exception applies

It is important to note that the documents will need to be in the English language. This means that any Thai documents you hold, whether it be your marriage certificate or the divorce certificates of your Thai spouse’s previous marriages, will need to be notarized, translated, and legalized before you can use them in your US K1 Visa application.

What is the US K1 Visa Application Process from Thailand?

The entire application process can take as long as 12 to 18 months to complete, so be prepared to wait a bit for your marriage in the US. But by understanding the process and requirements, you can avoid additional delays that would put your wedding plans on hold even longer. Here are the steps of the K1 Visa application process, from start to finish:

• You, the sponsor, will need to file a petition (Form I-129F) to the USCIS.
• Once approved, the petition will be forwarded to the National Visa Center for further processing before being forwarded again to the US Embassy or Consulate in Thailand, where your Thai partner will receive a BNK or application number.
• The Embassy or Consulate will then send you and your fiance(e) a letter with instructions on what to prepare and how to submit their application packets, which will include a background check and a medical exam, and they will also set up an interview for your fiance(e).
• After passing the interview, your Thai fiance(e) will receive their US K1 Visa and will have 6 months to enter the US.

The US K1 Visa interview will most likely consist of questions related to your relationship, including your plans to get married when your fiance(e) arrives in the US. This is to ensure that your relationship and your reason for applying for the visa are legitimate. Failure to answer these questions may result in a US K1 Visa denial.

Professional Assistance With Your K1 Visa Application

If you want to learn more about this visa, you can visit Siam Legal’s page on the US K1 Visa. If you’re ready to take the next big step in your relationship and want to streamline your experience and maximize your chances of getting approved for this visa, contact Siam Legal now to start your consultation. Over our 20 years of experience providing visa consulting services, we’ve assisted with over 10,000 successful US visa applications, and we can ensure you can start your new life in America swiftly and smoothly.

Frequently Asked Questions about the US K1 Visa

Can the foreign fiance(e) work in the US with the US K1 Visa?

They can work in the US while holding a US K1 Visa, but they must first apply for Employment Authorization and receive approval.

Can the foreign fiance(e) bring their children along on the US K1 Visa?

The children themselves will need a visa to join the US K1 Visa holder. The visa they should apply for is the US K2 Visa, which is applied for and delivered alongside the K1 Visa.

How long is the application process for the US K1 Visa?

The entire application process for the US K1 Visa can take between 12 and 18 months to complete, barring any delays due to application issues.

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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