K1 Visa Processing Time and Application Procedure

If you are a US citizen considering bringing your Thai fiancé(e) to the United States to get married, the K-1 fiancé(e) visa could be your solution. The K-1 visa allows your fiancé(e) to enter the US for 90 days for marriage. If you get married within 90 days of your partner's entry to the US, your partner becomes eligible to apply for permanent residency and receive a green card.

This guide explores the K-1 visa application process from Thailand, including processing times, document and interview preparation, and the importance of legal assistance.

K-1 Visa Application Process

K-1 visa processing times can vary based on US Citizenship and Immigration Services (USCIS) backlog and interview availability at the US Embassy in Bangkok. However, in 2024, average processing times for Thai K-1 visa applicants are around 8 to 12 months. To begin the visa application process, you and your fiancé(e) should take the following steps:

Step 1: Consult with a US immigration lawyer in Thailand

A qualified US immigration lawyer in Thailand gives your K-1 visa application the best chance of success. Your visa lawyer provides the following assistance:

• They review your fiancé(e)'s personal history and the details of your relationship to determine their suitability for the K-1 visa.
• If the K-1 visa is not the most appropriate route, they will recommend alternative visas for your fiancé(e).
• They provide a checklist of documents and information required for your visa application.
• They prepare all application forms and assemble your documents for submission.
• They manage correspondence with the US Embassy in Bangkok and USCIS.
• They guide your partner through the interview process to ensure they are adequately prepared with documentary evidence and appropriate responses.

Step 2: Eligibility Assessment

Before applying for the K-1 visa, your lawyer checks that you and your fiancé(e) meet the following K1 visa requirements:

• You must be a US citizen.
• You and your partner must have the genuine intention to marry.
• You and your fiancé(e) must be legally free to marry, meaning you are single (annulled or never married), divorced, or widowed.
• You and your foreign fiancé(e) must have met in person in the two years prior to the visa application.

If your relationship fulfils these requirements, the next step is to compile personal documents and evidence of your relationship, including:

• Identification Documents: Prepare official identification documents for both yourself and your fiancé(e), such as birth certificates, police records, and passports.
• Evidence of Bona Fide Relationship: Gather documentation that evidences your legitimate relationship. This should include photographs together, travel receipts for joint trips, and communication records like emails or letters.

By collecting your supporting documentation in advance, you can expedite the application process once you are formally prepared to submit the K-1 visa petition.

Step 3: File the Form I-129F with USCIS

The official application process begins when you, the American citizen, file a Form I-129F, Petition for Alien Fiancé(e). You are the US citizen sponsor of your Thai fiancé(e) on a K-1 visa application. This form, along with the appropriate supporting documentation, must be submitted to a USCIS Service Center in the US.

Step 4: First Notice of Action (NOA)

Within a few weeks of submitting your documents, USCIS sends you a letter to acknowledge receipt of your petition. This is called a Notice of Action (NOA) or receipt notice.

Step 5: USCIS Process

USCIS then takes approximately 6 to 9 months to process the application, though this wait time could be longer. This is the longest wait period in the K-1 visa process. Once USCIS has made a decision on your application, they issue a second NOA. If your petition is approved, this NOA is a petition approval notice.

Step 6: National Visa Center

Within a few months, USCIS forwards your approved petition to the National Visa Center (NVC).

The NVC take approximately 2 to 6 weeks to review your petition. Once approved, they send your petition to the US Embassy in Bangkok. The NVC will notify you of this step.

Step 7: Embassy Instructions

The Embassy in Bangkok normally receives the package within 5 to 10 days of forwarding from the NVC. Once the documents arrive, the Bangkok Embassy's immigrant visa (IV) unit sends your Thai fiancé(e) a letter with a document checklist and instructions to schedule a visa interview and medical exam. Your fiancé(e) will normally receive this letter within a few weeks of the Embassy processing the petition.

Your fiancé(e) should then prioritize gathering and completing all necessary nonimmigrant visa forms and documents, including completing and paying for the DS-160, Online Nonimmigrant Visa Application. Additionally, they must attend a medical examination conducted by a panel physician.

Step 8: K-1 Visa Interview

Your fiancé(e) could wait anywhere from several weeks to several months for an interview appointment, so it's important to be prepared. Your fiancé(e) must understand the documents they are submitting and be ready to answer any questions the consular officers have about them.

During the interview, the consular officer carefully examines the supporting documents to verify the authenticity of your relationship. Your fiancé(e) can expect to answer questions about your relationship's history and development, as well as details about you. If the officer is convinced of a bona fide relationship with no legal barriers, they can grant final approval for your fiancé(e)'s K-1 visa.

Note that as the petitioning US partner, you are not permitted to attend the interview.

Assistance for the K-1 Visa Interview

This interview stage is the final and most crucial stage in the K-1 visa application process. Your fiancé(e) must be suitably prepared or the application will be refused. Legal assistance gives your partner the best chance at a successful interview by ensuring:

• They have all the necessary documents and evidence and know how to properly organize and present it.
• All documents are translated according to US legal requirements.
• Your fiancé(e) is prepared for potential interview questions and knows how to respond appropriately.
• Your fiancé(e) feels confident at the interview with their lawyer present.

Step 9: K-1 Visa Decision

A K-1 visa decision is normally issued within a few weeks of the interview.

The interview itself can lead to several outcomes. If the officer needs further documentation to confirm your relationship's authenticity, they may request additional evidence. Or, if the officer doubts the relationship's legitimacy entirely or finds a legal barrier, they can recommend that USCIS deny your application, preventing the visa from being issued.

However, if the officer is satisfied that your relationship is genuine and there are no legal issues preventing issuance of the visa, your fiancé(e)'s visa will be approved.

K1 Visa Processing Time

From submitting the initial petition to obtaining a US K-1 visa in your fiancé's passport, the total average processing time is approximately 8 to 12 months. However, the wait for your fiancé(e)'s visa decision can vary greatly depending on USCIS backlog and the Bangkok Embassy's interview availability. Applicants can wait anywhere from 6 months to 2 years for their K-1 visa.

USCIS processes the initial Form I-129F petition. Depending on the USCIS Service Center, this normally takes between 6 to 8 months. Once approved, the package is sent to the National Visa Center who take an average of 2 to 6 weeks to review the case and forward it to the Embassy in Bangkok. The Embassy will provide an interview appointment date a few weeks or months out. A visa decision is typically issued within several weeks of the interview.

Entering the United States on a Fiancé(e) Visa

Congratulations! Once the K-1 visa is approved, you and your fiancé(e) can finally reunite in the US. Your fiancé(e) has 6 months from the date the initial I-129F was approved to enter the US.

Upon arrival at a US port of entry, they need to present the K-1 visa in their passport to a border officer. Once admitted, your fiancé(e) can remain in the US for 90 days. During this time, US authorities expect you to get married.

If you do not get married within the 90-day period, your fiancé(e)'s visa automatically expires and they must leave the country. If you do get married, you can file an Adjustment of Status (AOS) application to apply for a marriage green card for your Thai fiancé(e).

Applying for a Green Card: Filing an Adjustment of Status Application

In order for your spouse to remain in the US after the K-1 visa period, you must file an AOS application before the 90 days expire. This extends your spouse's legal stay in the US while USCIS reviews their application. Once their application is approved, they gain US lawful permanent residence and a coveted green card.

Employment Authorization and Advance Parole

While filing an Adjustment of Status (AOS) application allows your spouse to stay in the US past their K-1 visa expiration, it doesn't grant immediate work authorization or unrestricted travel privileges.

If your spouse leaves the US while their AOS application is pending, USCIS may consider it abandonment and deny the application. They should first obtain travel authorization, known as Advance Parole (AP). The AP document allows your spouse to travel internationally and return to the US while the AOS application is pending. Advance Parole is normally issued with one year validity.

To apply for AP, your spouse can file a Form I-131, Application for Travel Document. Additionally, if your spouse wants to work in the US, they can file a Form I-765, Application for Employment Authorization.

Applications for AP and work authorization can be submitted separately or concurrently with the AOS filing, but are adjudicated before the main AOS application. Average processing times for AP and employment authorization documents (EADs) are around 3 to 6 months. Expedited processing of AP can be requested in cases of emergency.

Your Responsibilities as a US Citizen Fiancé(e)

As the US citizen fiancé(e) you are responsible for the following during the K-1 visa application process:

• To start the application process, you must file a Form I-129F, Petition for Alien Fiancé(e), with USCIS including supporting documents and the filing fee.
• You must gather and present solid evidence proving a genuine relationship with your fiancé(e).
• If USCIS approves the petition, you will need to complete a Form I-134, Declaration of Financial Support which verifies your financial ability to sponsor your fiancé(e) after they enter the US.
• Once your fiancé(e) arrives in the US with the K-1 visa, you must get married within 90 days. Remember, after marriage, the next step is typically submitting a green card application before your spouse's K-1 visa expires.

Responsibilities of Your Thai Fiancé(e)

Your Thai fiancé(e) has the following responsibilities when applying for the K-1 visa:

• Once USCIS approves your Form I-129F, your fiancé(e) needs to complete the online visa application, Form DS-160 and pay the application fee.
• They must compile essential documents like their passport, birth certificate, and any prior marriage records (such as a divorce decree or death certificate). They will also need police certificates from countries where they resided for more than six months and evidence of your relationship.
• They must schedule and attend a medical exam with a doctor authorized by the US Embassy. This exam screens for conditions that could bar their entry and ensures they have all necessary vaccinations.
• Your fiancé(e) must attend the visa interview without you, but they may have the assistance of a qualified lawyer.
• If their visa is approved, they must travel to the US within the prescribed period and get married within 90 days of arrival. After your marriage, you should apply to adjust your fiancé(e)'s status and obtain a green card for permanent residency.

K-1 Visa Costs

The total cost of a K-1 visa and the subsequent green card can vary depending on factors like medical exam costs and attorney fees, but there are some key government filing fees to note. In 2024, USCIS charges 675 USD for the petition for a K-1 visa (Form I-129F) and 265 USD for the visa application (Form DS-160).

There’s also a separate fee to apply for an Adjustment of Status for permanent residents. AOS applications cost 1440 USD, exclusive of any work permit or Advance Parole applications.

Why Choose Siam Legal for Your K-1 Fiancé(e) Visa Application

Navigating the K-1 fiancé(e) visa application process can seem overwhelming, but Siam Legal offers comprehensive support to ensure a hassle-free experience. Our dedicated team of US immigration advisors provides personalized assistance from start to finish, including an initial eligibility assessment, document preparation, and interview guidance. Siam Legal's team of qualified US immigration lawyers in Thailand thoroughly prepares your application to maximize your chances of an approved K-1 visa.

US Fiancé Visa Application Process FAQs

How long does it take to get a K-1 visa?

It can take anywhere from 6 months to 2 years to receive K-1 visa approval, but most Thai applicants receive their visas in about 8 to 12 months.

What is the DS-160, Online Nonimmigrant Visa Application?

After your initial petition is approved and before the visa interview, your fiancé(e) must submit a Form DS-160, Online Nonimmigrant Visa Application. This US Department of State form costs 265 USD.

Is it possible to extend my fiancé(e)'s K-1 visa?

It is not possible to extend the 90-day K-1 visa unless you get married and apply for an Adjustment of Status. Otherwise, your fiancé(e) must leave the US before their visa expires or risk overstaying.

For how long is the fiancé(e) valid?

Your fiancé(e) can enter the US within 6 months of approval of the initial I-129F petition. Once they enter the US, their visa is valid for 90 days. If you get married during this time, you can apply to adjust status.

What is United States Citizenship and Immigration Services?

United States Citizenship and Immigration Services (USCIS) is an agency within the US Department of Homeland Security that processes your initial fiancé(e) petition. They operate several service centers around the US including Nebraska, Potomac, Texas, Vermont and the California Service Center.

What is the difference between a nonimmigrant visa and an immigrant visa?

A nonimmigrant visa is for temporary stays, such as tourism, medical treatment, business ventures, and other short-term limited visits to the US. The K-1 visa is considered a nonimmigrant visa. However, it is often treated as an immigrant visa as applicants are expected to apply for immigrant visas (marriage-based green cards) in the future.

On the other hand, immigrant visa applicants are seeking long-term or permanent residency in the US. When your fiancé(e) turned spouse applies for their green card, they are applying for an immigrant visa.

Where is the K-1 visa interview held?

The interview for your Thai fiancé(e)'s K-1 visa is held at the US Embassy in Bangkok, Thailand. It typically lasts 20-30 minutes.

Can my fiancé(e) work on a K-1 visa?

After entering the US on a K-1 visa, your fiancé(e) can immediately apply for an employment authorization document (EAD card). USCIS normally processes the application within 3 to 6 months. However, your fiancé(e) must wait until they receive their card to begin working.

If you have more questions about the K-1 Visa, see our K-1 Visa FAQs.

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