K1 Visa
A K-1 visa is a nonimmigrant visa which permits the fiancé(e) of a United States (U.S.) citizen (petitioner/sponsor) to travel to the U.S. and marry the petitioner. The marriage must take place within 90 days from arrival to the U.S. Since the K-1 visa holder is permitted to immigrate to the U.S. and marry, he or she must meet some of the requirements of an immigrant visa.
Pursuant to U.S. immigration law, fiancé(e) is defined as one who has received an approved Petition for Alien Fiancé(e), Form I-129F and to whom a nonimmigrant visa has been issued for travel to the U.S. in order to marry his or her U.S. citizen fiancé(e).
In general, the petitioner and his or her fiancé(e) must have met in person within the past two (2) years.
Processes Involved in K-1 Visa Application
Filing of I-129F Petition
The sponsor must file a Petition for Alien Fiancé(e) or I-129F Petition with the U.S. Citizenship and Immigration Services (USCIS). The petitioner should see to it that all information is correct and all documents are real and not forged. Otherwise, the petition will be disapproved. Worse, all future petitions of the petitioner will be jeopardized.
Upon approval by the USCIS, the petition is sent to the National Visa Center (NVC). The NVC will assign a number which will serve as an identification or reference number for the petition. Afterwards, the NVC will forward the petition to the U.S. Embassy or Consulate where a K-1 nonimmigrant visa is applied for.
Visa Application
If the beneficiary of the petition lives in Thailand and once the U.S. Embassy here in Bangkok receives the petition, specific instructions will be given to the Thai fiancé(e). Included in the instruction is the submission of certain documents and/or forms, where to go for the required medical examination and others as deemed necessary.
Also, eligible children of K-1 visa applicants may apply for K-2 visas to which a separate application must be submitted and a separate visa application fee is paid.
Processing time
The ideal processing time for K-1 visa is from six (6) to eight (8) months. The time frame varies depending on the personal circumstances of the petitioner and Thai fiancé(e) or caseload of cases with the participating U.S. agencies/offices.
If the petitioner is a member of the US military, the petition may be expedited and may take less than 6 months of processing.
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