Arriving in the US
K-1 visa in Thailand (the so-called Fiance visa) obtainment may require a lot of patience in preparing for the required documents but once you already get hold of it, it will give you the privilege to enter the United States port-of-entry. Once there, you are given only 90 days to marry your US fiance/e and after the lapse of the 90-day prescribed period, you will already be subject to removal or deportation if no marriage takes place or if your US citizen sponsor marries another person.
Because you are only given a very limited period of 90 days to marry your US fiance/e, the very first thing that you must do upon entering the US port-of-entry is to marry your US fiance/e right away. Only then will you be given the right to apply for Adjustment of Status to become a Legal Permanent Resident. You must be sincere enough to prove that your marriage is a real one, that you are not using your marriage merely to circumvent the US Immigration law, otherwise, you will be required to attend a fraud interview if there is any doubt as to the genuineness of your intent to marry.
Unless the marriage takes place, you have to bear in mind that you are still considered a non-immigrant. Should it be impossible for you to get married within the prescribed period for reasons beyond your control, your US fiance/e will be required to file Form I-130 along with form I-485 in order to pursue your plans of marrying but don’t overstay in the United States for this may subject you to a 3-year or a 10-year bar, as the case maybe, to enter into the United States. After getting married with your US citizen fiance/e, you must decide whether or not you want to become a permanent legal resident in US so that your spouse can file an application for Adjustment of Status. However, if you decide not to become a permanent legal resident of US, then you should leave the United States within 90 days otherwise you will suffer the above-mentioned consequences.
Remember that your K1 visa is a single entry visa. If you leave United States after your marriage, you will be required to reapply for a new visa. In order to avoid this tiring process, your spouse must file an application for Adjustment of Status right after your marriage. If you really want to travel pending approval of your application for Adjustment of Status, then all you have to do is to apply for advance parole. Advance Parole will allow you to travel outside United States pending application for Adjustment of Status and be allowed reentry to US without need of reapplying for a new visa.
Category: US Fiancee Visa, US Immigration
About the Author (Author Profile)
Siam Legal is a full service law firm but it has an extensive range of immigration, corporate, and real estate experience accessible to clients both domestically and internationally. It has offices strategically located throughout the major cities in Thailand including Chiang Mai, Pattaya, Hua Hin, Samui and Phuket along with international representative offices in Australia, London and Las Vegas.
