This piece is intended to provide accurate information regarding the issues involved with K1 visa issuance. All over the World Wide Web there are many authors, armchair attorneys, and outright frauds who claim expertise in the area of United States Immigration law. Hopefully, this article will eliminate some confusion and provide clarity.
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. Once approved, the petition is forwarded to the National Visa Center, the NVC forwards the case file to the American Embassy in Bangkok, Thailand for Consular adjudication. For many, this process can be aggravating. In many cases, the wait ultimately results in the issuance of a valid K1 fiancee visa.
Upon the visa's ultimate issuance, a number of United States Citizen fiances grow apprehensive regarding the information and dates written on the actual travel document. Of great concern is the notation on the visa which states: "K1 Petition expires on: Month, Day, Year.Some United States Citizens are under the mistaken impression that this implies the expiration of the visa. 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. With that in mind, one should be aware that upon arrival in the USA and gaining lawful admission through the port of entry, the bearer of a K1 visa will only remain in lawful status for ninety days. That being said, the foreign fiancee is entitled to marry their American fiance and apply for adjustment of status. Upon approval, the Thai applicant will be granted a Green Card. 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.
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Benjamin W. Hart is a licensed American attorney. He currently acts as Managing Director of Integrity Legal (Thailand) Co. Ltd. a law office in Thailand staffed by US and Thai attorneys. For more information, contact 1-877-231-7533 or email info@integrity-legal.com. See Integrity Legal's presence on the internet at
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