The internet is awash with informational flotsam and jetsam regarding the rules and regulations governing the visa obtainment process. As a result, many prospective immigrant and petitioners are given misleading or inaccurate information. The aim of this article is to rectify this situation by providing accurate information about US Immigration law.
In the field of US Family Immigration for fiancées or spouses there are basically two major visa categories and one supplemental visa application that can be made. For the Thai-American couple that has yet to legally marry there are really two options: the K-1 visa and the CR-1 Visa. The K-1 visa is a fiancée visa and both parties must be unmarried at the time of the K-1 visa application in order to qualify for the visa. The CR-1 visa is a spouse visa and requires the couple to be married at the time of application.
Both visa categories have their own upsides. In the case of the K-1 visa the upside is the fact that it currently has the fastest processing time of all the family based visas. As of this publication, the K-1 Fiancee visa has a processing time of approximately 6-7 months from applying at USCIS to final decision at the American Embassy in Thailand. The downside of a K1 fiancee visa is that it does not attach permanent residence to the K-1 entrant upon entry in the US. As a result, the alien present in the USA on a K1 visa is required to file an adjustment of status application to acquire a United States greencard. An adjustment of status application mandates the remittance of added fees, at the same time, the K-1 visa holder is entitled to remain in the USA while USCIS decides whether or not to approve the application.
With the CR-1 visa the initial processing time is considerably longer. It generally takes approximately 12 months from application submission until final decision at the Embassy. The Conditional Resident (CR-1) visa confers a Green Card (Lawful Permanent Residence) upon the Thai wife from the moment she enters the United States at her port of entry. The visa stamp that the US Immigration officer places in the Thai spouse's passport acts as a temporary green card until the Resident Alien Card (Greencard) is issued.
The K-3 Visa is somewhat less than useful for the couple who is not yet married. A K-3 visa is issued after submitting an additional visa petition, it is utilized in order to obtain a US marriage visa more quickly. The visa itself has two years of validity, but does not confer permanent residence. It requires the filing of 2 petitions and the Thai spouse has the option of adjusting status in the United States or returning to Thailand for interview and adjudication. The problem with the K-3 for the unmarried couple is the fact that it is slower than the K-1, but still does not confer permanent residence. For this reason most unmarried couples are probably better off choosing either a K-1 or a CR-1 Visa.
(Nothing in this article is to be construed as an alternative to personal legal advice from a licensed attorney. An attorney-client relationship should not be assumed to exist between the author and any subsequent reader of this article.)
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Benjamin Hart is a licensed attorney from the United States. For more information email Integrity Legal at Info@integrity-legal.com or toll free at 1-877-231-7533. For more information on the internet please see
US tourist visa or
Fiancee visa
