US K1 Visa

If you are an American citizen hoping to start a life with your Thai fiancé(e) in the United States, you might be considering the US K1 visa. The K1 visa, also known as the 90-day fiancé(e) visa, is a nonimmigrant visa that allows you to bring your fiancé(e) to the US for a temporary stay of up to 90 days, during which time you and your partner must get married. Following the marriage, you can start the process of obtaining lawful permanent resident status, also known as a green card, for your partner.

This guide explores the K1 visa application process for Thai fiancé(e)s of US citizens. We will outline the application process, including required documents, eligibility criteria, government fees, processing timelines, and valuable tips to ensure a smooth application journey.

Eligibility Criteria for the K1 Visa

To be eligible for the K1 visa, you and your fiancé(e) must meet certain criteria under US immigration law, including:

• You must be a US citizen.
• You must meet the financial requirements to sponsor your partner.
• Your Thai fiancé(e) must live outside the United States.
• You and your fiancé(e) must be free to marry. That means legally unmarried, including single (never married or annulled), divorced, or widowed. You must both be at least 18 years old.
• You and your fiancé(e) must have met in person in the last two years. Exceptions exist for hardship or cultural reasons, but proof of an in-person meeting is generally required.
• You and your fiancé(e) must have a bona fide (genuine) relationship.
• Your fiancé(e) should not be inadmissible under US law.
• You should both generally have a clean criminal record.

US Citizen Requirement

You, as the American partner, must prove that you are either a US citizen by birth or by naturalization. This requires you to provide one of the following documents to United States Citizenship and Immigration Services (USCIS):

• US birth certificate
• US passport
• Statement from a consular officer verifying citizenship
• Form FS-240 issued by the US Department of State
• Certificate of Naturalization or Certificate of Citizenship
• Passport card issued by the Department of State

Financial Requirements for Sponsorship

To sponsor your fiancé(e) for the K1 visa, you must demonstrate an ability to financially support them after they enter the United States. This means you must earn a minimum of at least 100% of the Federal Poverty Guidelines (FPG). In 2024, the standard FPG is set at 20,440 USD for a household of two (you and your fiancé(e)). Residents of Hawaii and Alaska must meet a slightly higher income threshold due to the cost of living.

If your individual income falls below the requirement, you can include a joint sponsor in your application. Your joint sponsor must accept full financial responsibility for your applicant fiancé(e) and fully meet the income requirement. Financial joint sponsors do not need to be a family member or relative, but they must be a US citizen or lawful permanent resident, at least 18 years old, and currently residing in the United States. All K1 visa sponsors must complete and sign a Form I-134, Declaration of Financial Support.

It's important to note that the FPG is adjusted annually, so be sure to consult the latest guidelines published by the US Department of Health and Human Services for the most up-to-date information.

Requirement to Have Met in the Last Two Years

You must show that you and your fiancé(e) have met in person within the last two years before filing the Form I-129F petition. There are limited exceptions to the in-person meeting requirement. USCIS may waive the requirement if:

• Meeting in person would cause extreme hardship, or if
• It violates a long-established cultural tradition for either you or your partner.

Bona Fide Relationship Requirement

USCIS requires evidence that you and your fiancé(e) have a genuine and subsisting relationship and that you have an honest intention to enter the United States for the purpose of marriage. Evidence that proves the legitimacy of your relationship includes:

• Photographs: High-quality, dated color photos of you and your fiancé(e) together
• Correspondences: Email exchanges, phone records, social media interactions, or letters
• Travel Documents: Copies of airline boarding passes, train tickets, travel itineraries, or hotel booking confirmations demonstrating visits
• Engagement Ring Receipt: While not mandatory, a receipt for an engagement ring can help prove that your plan to marry

Grounds of Inadmissibility

Your fiancé(e) could be deemed admissible under US homeland security law in the following circumstances:

• Criminal History: Having a criminal record can raise red flags, but the severity and nature of the offense will be considered.
• Health Concerns: Carrying certain communicable diseases or lacking required vaccinations could lead to a visa denial.
• Past Behavior: Physical or mental disabilities linked to past threatening behavior may be cause for inadmissibility.

If you believe your fiancé(e) could be deemed inadmissible by US authorities, you may be able to obtain a waiver by filing a Form I-601, Application for Waiver of Grounds of Inadmissibility. After obtaining the waiver, you may apply for the K1 visa.

Applying for a K1 Visa

Once you have established that your relationship qualifies for a K1 visa, you can begin the application process.

Filing a Form-129F, Petition for Alien Fiancé(e)

The K1 visa application starts by filing a Form I-129F, Petition for Alien Fiancé(e). This form serves as the official request submitted by you, the US citizen spouse (the petitioner), to USCIS on behalf of your foreign national fiancé(e) (the beneficiary). The following documents should be included in the petition package:

• A signed and completed Form I-129F
• Form I-129F filing fee - as of July 2024, this fee is 675 USD
• Evidence of your US citizenship, e.g. birth certificate, valid passport, naturalization certificate, etc.
• Evidence that either partner has legally terminated any previous marriage (if applicable)
• One recent passport-style photo of you, the US citizen
• One recent passport-style photo of your applicant fiancé(e)
• Proof of legal name change (if applicable)
• Evidence or statements from both parties certifying an intent to marry within 90 days of entering the US
• Evidence of having met in the last two years or evidence that an exception applies
• Certified translations of all non-English documents

If one you and/or your partner has a criminal record you may need to provide the following:

• Certified copies of all court and police records evidencing charges and depositions for any convictions
• Evidence to support an International Marriage Broker Act (IMBRA) waiver

Submitting the Fiancé(e) Visa Petition

After compiling all the required documents, the complete petition package should be submitted to USCIS for initial processing. Upon receipt of the petition, USCIS typically acknowledges its acceptance by issuing a receipt notice to you, the US citizen sponsor, or to your legal representative. You normally receive this notice about two to three weeks after sending the petition.

USCIS Decision on I-129F Petition

After receiving your petition, USCIS will spend approximately 6 to 9 months thoroughly reviewing the submitted forms and supporting evidence. During this period they may issue a:

• Request for Evidence (RFE): If USCIS requires additional documentation to move forward with the case, they will send a mail notification titled "Request for Evidence" (RFE). You must respond promptly and comprehensively to any RFE to avoid a petition denial.
• Petition Approval: Upon successful review and approval, USCIS will notify you, the American citizen, with an approval notice. This notice confirms that Form I-129F has been accepted and will be forwarded to the National Visa Center (NVC) for further processing.
• Petition Denial: Petitions can also be denied if they do not meet all requirements. In such cases, USCIS will inform the petitioner of the denial and provide specific reasons for the decision. This allows the petitioner to potentially address the issues and re-submit the application.

Preparing for the Visa Interview

Once the NVC receives your approved petition package, they assign it a unique case number to track your case. The NVC then forwards the petition to the US Consulate or Embassy closest to your fiancé(e). In Thailand, this is the US Embassy in Bangkok. The NVC will notify you of this transfer so you can inform your fiancé(e).

Now, your fiancé(e), the K visa applicant, must prepare for their in-person visa interview. The Embassy will provide a letter instructing your fiancé(e) about their upcoming interview and outlining the documents they should bring to the interview. This letter also informs your fiancé(e) that they must schedule a mandatory medical exam with an authorized panel physician.

At this stage, you should prepare a Form I-134, Declaration of Financial Support (see above), to demonstrate your ability to financially support your Thai fiancé(e) upon arrival in the US.

While not mandatory for obtaining a K1 visa itself, USCIS strongly recommends that K1 visa applicants receive all the vaccinations required for a US immigrant visa. This simplifies the process when your fiancé(e) eventually applies for permanent residency. Having the necessary vaccinations completed beforehand can expedite the green card application process.

K1 Visa Interview

Your fiancé(e) must prepare and bring to the interview the following documentation:

• Printed confirmation page of a completed Form DS-160, Online Nonimmigrant Visa Application – as of July 2024, this fee is 265 USD per K visa applicant
• Valid passport
• Birth certificate
• Any relevant divorce, annulment, or death certificates to prove you and your fiancé(e) are currently legally unmarried
• Police certificates from Thailand and all countries of residence since the age of 16
• Sealed medical examination results
• Evidence of financial support
• Two recent passport-style photographs
• Evidence of your relationship
• Certified translations of documents in languages other than English and Thai
• Any other evidence requested at the discretion of the consular officer

At the interview, the consular officer reviews the evidence provided. Your fiancé(e) is placed under oath and asked questions about their application, including about your relationship and their personal history. Every answer should match the application materials and have evidence to support it.

If the consular officer is satisfied that a bona fide relationship exists between you and your fiancé(e), and that there is no such other legal impediment to the application, they will issue the K-1 visa.

K1 Visa Decision

The visa decision is normally issued within several weeks of the interview. However, if the interviewing officer requires additional information to make a decision, they may request further evidence, which can extend the waiting period.

There's also a possibility that the consular official might believe the relationship isn't genuine or identify other legal barriers. In such scenarios, the petition would be returned to USCIS with a recommendation for denial, and no visa would be issued.

If your fiancé(e)'s visa is approved, it will be stamped directly into their passport. They will also receive a sealed packet containing documents that must be presented to a US Customs and Border Protection officer upon arrival at a US port of entry.

Post-Approval Steps

Once your fiancé(e)'s K1 visa is approved, the next steps are to plan their travel to the US and your future wedding.

Your fiancé(e) must enter the US within 6 months of the approval date of the initial Form I-129F. Once they have been granted entry to the US, they can remain for 90 days. If a marriage does not occur within this time, the K1 visa expires and your fiancé(e) must leave the country. You cannot extend the K1 visa.

Filing an Immigrant Visa Application

If you do get married, you can apply for an immigrant visa for your spouse. This requires the timely filing of a Form I-485, Application to Register Permanent Residence or Adjust Status. You should submit this application before the expiry of the 90-day K1 visa period. Once it has been submitted, it grants your spouse the right to remain legally in the US while USCIS processes the Adjustment of Status (AOS) application. Once the permanent residency application is approved, your fiancé(e) receives their green card and becomes a legal permanent resident of the US.

Employment and Travel Authorization

Filing an AOS application lets your spouse stay in the US after their K-1 visa expires. However, it doesn't automatically allow them to work or travel freely.

Leaving the US while the application is pending can lead to denial of the green card application. To avoid this, your spouse can get travel permission called Advance Parole (AP). AP lets them travel internationally and return while their green card application is under consideration. If approved, the AP travel document is normally valid for one year.

To apply for AP, your spouse must file Form I-131. Additionally, if they wish to work in the US, they can apply for work authorization by filing a Form I-765, Application for Employment Authorization.

Your spouse can submit applications for AP and work authorization with the green card application or separately. These applications are processed faster than the green card itself, taking 3 to 6 months on average. For urgent travel needs, expedited processing for AP may be possible.

K-2 Visas: Dependent Children of a K-1 Visa Applicant

If your Thai fiancé(e) has any dependent children who plan to accompany their parent to the US, they may be eligible for K-2 visas. K-2 visa applicants must be under the age of 21 and unmarried. They must be also named on the initial I-129F petition.

K-2 children must also undergo a medical exam, attend the visa interview, and bring the following documentation to the interview appointment:

• Printed confirmation page of the Form DS-160, Online Nonimmigrant Visa Application
• Valid passport
• Birth certificate
• Police certificates from current country of residence and all countries of residence since the age of 16 (if over 15 years of age)
• Medical examination results
• Two passport-style photographs
• Certified translations of documents in languages other than English and Thai
• Any other evidence requested at the discretion of the consular officer

Normally, the K-2 dependent child applies for their visa at the same time as the K-1 parent. However, they can choose to apply after their parent has entered the US if they apply within one year of their K-1 parent's visa issue date.

Remember, your evidence of financial suitability must account for dependent K-2 children who will accompany and reside with you and your fiancé(e).

Children holding K-2 visas must file green card applications separately from their K-1 parent. For the child to be eligible for US permanent residence, the relationship between you, the American stepparent, and your stepchild must be established before the child turns 18 years old.

Common Pitfalls of a K-1 Visa Application

All requirements of the K-1 visa must be clearly demonstrated to a consular officer in order for a K-1 visa to be issued. The officer has full discretion to approve or deny your visa application. Understanding some of the common pitfalls of a fiancé(e) visa application can help simplify the process and increase your chances of success.

Fake Relationships and Incompatibility

A lack of convincing documentation demonstrating a bona fide relationship is a frequent cause for denial. This evidence should showcase the history of the relationship. Consular officers may more harshly scrutinize your relationship if:

• You became engaged very quickly after meeting.
• There is a large age difference between you and your partner.
• You and your foreign citizen fiancé(e) have strongly differing religious beliefs.
• You and your partner have a distinct cultural disparity.
• You and your partner do not speak the same language.
• You have spent very little time with your fiancé(e) in person.

Ineligibility

Furthermore, if you do not meet the basic eligibility requirements, your application will likely be refused. Common grounds for refusal are:

• Relationship Ineligibility
  • You and your fiancé(e) have not met in person within the past two years.
  • You have insufficient income to support your fiancé(e) (and any other dependent household members).
  • You or your fiancé(e) is not legally free to marry.
• Security Concerns
  • If your fiancé(e) has prior criminal convictions, they may be considered a security threat.
  • Prior immigration violations or overstays in any country can lead to a visa denial.
• Protection of Foreign Fiancé(e)

  A K1 visa may also be denied because of the US citizen’s history. The International Marriage Broker Act, or IMBRA, aims to protect foreign national partners of US citizens by imposing stricter regulations for fiancé(e)s with criminal convictions. If you meet either of the following criteria, you must obtain an IMBRA waiver before applying for a K1 visa for your fiancé(e):

  • You, the US citizen petitioner, have a criminal conviction for a specified crime (i.e. domestic violence, sexual assault, child abuse or neglect, murder, etc.)
  • You, the US citizen petitioner, have:
    • Had a K1 visa petition approved in the last two years, or
    • Filed two or more K1 visa petitions in your lifetime

  It is important to note that USCIS, the Department of State, and Customs and Border Protection may at any stage conduct background and security checks on both the sponsoring US citizen and the foreign national.

Application Mistakes

Submitting the wrong forms or providing inaccurate data can significantly slow down your visa application, or worse, lead to denial. To guarantee a smooth and efficient process, consulting with an immigration attorney is highly recommended.

Furthermore, it's essential to be truthful and upfront throughout the application. Misrepresentation of information or visa/marriage fraud is a serious offense that can result in visa denial and potentially disqualify your fiancé(e) from applying for US visas in the future. Here are some common examples of misrepresentation:

• Photoshopped images
• Not disclosing previous marriages
• Fraudulent affidavits from friends and family
• Not disclosing medical or criminal history
• Falsifying financial documents

Unsuccessful Interview

The interview is perhaps the important stage of application process. Here, the consular officer will make a final assessment on your fiancé(e)'s eligibility for the K1 visa. A poor interview performance can result in a visa denial, even after you have waited months already.

Common reasons for an unsuccessful interview are:

• Inconsistencies between the application and interview responses, or an inability to answer questions convincingly - this can make the officer doubt the legitimacy of your relationship.
• Failure to bring supporting documentation to corroborate answers during the interview can lead to refusal.

Consulting with an immigration attorney can significantly increase your chances of a successful K1 visa application. They confirm your fiancé(e)'s eligibility for the visa, help you avoid common pitfalls, and prepare your fiancé(e) for the interview process.

Why Choose Siam Legal to Apply for Your Fiancé(e) Visa

Siam Legal International is a full-service law firm with over two decades of experience helping American citizens bring their partners to the United States. Our expert team of immigration advisors provides comprehensive guidance throughout the K1 visa process to ensure your application has the best chance of approval. Our team will:

• Thoroughly review your fiancé(e)'s personal, financial, travel, and employment history, as well as your relationship, to assess their eligibility for the K1 visa.
• Recommend alternatives to the K1 visa, if necessary.
• Provide a detailed checklist of the documents required for the application.
• Prepare all forms and documents for the visa application.
• Prepare correspondences with the US Embassy in Bangkok.
• Guide your fiancé(e) through interview preparation and how to present themselves.

Our bilingual advisors, fluent in English and Thai, are here to answer all your questions so you and your fiancé(e) feel supported throughout the process.

K1 Visa Frequently Asked Questions

Who can apply for a K1 Visa?

The K1 visa is for US citizens who wants to bring their Thai fiancé(e) to the US for the purpose of getting married. If you are married, you and your foreign spouse should consider applying for a US spousal visa (IR-1 or CR-1) to receive immigration benefits.

Do I need to have met my Thai citizen fiancé in person before applying?

Generally, yes. You and your Thai fiancé(e) must have met in person within the last two years. Evidence of your relationship, like photos and communication records, is required for your application. There are some exceptions for cultural reasons or extreme hardship.

How long does the K1 visa process take?

In 2024, the average processing time for the K1 visa is approximately 8 to 12 months. This includes processing your petition at USCIS, National Visa Center forwarding, and the interview at the US Embassy in Bangkok. However, processing times can vary depending on USCIS backlogs and interview availability at your embassy or consulate.

How much does it cost to apply for a fiancé(e) visa?

When applying for the K1 visa, take into account the following costs:

• Form I-129F filing fee - 675 USD
• Form DS-160 application fee - 265 USD (per applicant)
• Medical examination - costs range anywhere from 100 USD to 500 USD (per applicant)
• Costs of obtaining copies of official documents (like birth certificates, passports, etc.), photocopies, translations, and notarizations

If you plan to live with your fiancé(e) in the US after your marriage, you will also need to consider the green card application costs which include:

• Form I-485 filing fee - 1440 USD (per person), 950 USD for applicants under age 14
• Work permit or employment authorization document (optional) - 520 USD
• Advance Parole travel document (optional) - 630 USD

For how long is the K-1 visa valid?

The K-1 visa allows your fiancé(e) to stay in the US for 90 days after arrival. During this time, you must get married and begin the Adjustment of Status, or green card application process. Otherwise, your fiancé(e) will have to leave the US.

Can I petition for a K-1 visa if I'm divorced?

Yes, you can petition for a K-1 visa if you are legally divorced and free to marry. However, legal separation does not qualify.

Are same-sex couples eligible for the K-1 visa?

Yes, same-sex couples are eligible for the K-1 visa regardless of the laws in your fiancé(e)'s home country.

Is the K-1 visa a single or multiple-entry visa?

The K-1 fiancé visa is a single-entry visa.

Can my fiancé(e) bring their children on a K-1 visa?

Eligible dependent children can apply for derivative K-2 visas with their K-1 applicant parent. All K visa applicants applying concurrently will be interviewed together at the US Embassy in Bangkok.

Can we extend the K-1 visa if we don't get married within 90 days?

No. As a general rule, you must get married within 90 days of your fiancé(e)'s arrival in the US on a K-1 visa. If you don't get married within this timeframe, your fiancé(e) must leave the country before the K-1 visa expires to avoid penalties for overstaying.

Can my fiancé(e) travel to the US while waiting for the K-1 Visa?

Technically yes, your fiancé(e) can apply for a US tourist visa and visit the US while their K-1 visa application is being processed. However, they must return to Thailand for the K-1 visa interview and cannot stay in the US on a tourist visa while waiting for a K-1 visa decision. Moreover, they may face harsher scrutiny by border authorities who may believe they are entering to marry you and expedite the visa process.

Can a K-1 visa holder work in the US?

Yes, but only after applying for and obtaining an employment authorization document (EAD card).

Meet Our US Visa Team

Ken Graham, Partner

Ken is a US-licensed lawyer with many years of experience advising clients both in the US and abroad. He formerly practiced family law in the US, both on the client side and as an adjudicator in matters related to custody and child support. Ken now heads the US Immigration and Property teams at Siam Legal International where he assists American citizens with bringing their Thai fiancés, spouses, and family members to the US.

Rex Baay, Senior Immigration Consultant

Rex joined Siam Legal in 2009 and throughout 15+ years of experience at the firm, he has handled more than 1000 immigration cases for citizens of Thailand and the US. He speaks English fluently and provides simple and easy-to-understand explanations of what to expect at every stage of the application process to our clients. His expertise is invaluable to those in search of immigration assistance pertaining to Thailand and the USA.

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