The Ideal Visa for Marrying Your Thai Partner in the US
Which US Visa from Thailand is better?
If you are a US citizen planning to marry your Thai partner back in America, there are two main options for easing them into the country:
Planning a future with your partner in the United States requires the correct visa. Having the right visa is a necessity because getting married on the wrong one could lead to severe repercussions such as your partner being deported from the country or even being blacklisted.
To avoid any issues, your partner needs to opt for the K1 Visa from Thailand. While the US Tourist Visa is easier to obtain, having a K1 Visa is less risky in the long run. This article will examine why this is the case.
What are the differences between the US K1 Fiancé Visa and the US Tourist Visa?
Understanding the distinctions between the US K1 Fiancé Visa and the US Tourist Visa is of utmost importance. Choosing the wrong one poses a negative effect on your future spouse’s ability to reside within the United States and also impacts immigration applications. The information below lists the differences between both visas to help your partner decide on which one to apply for.
K1 Fiancé Visa
The K1 Fiancé Visa is an immigrant visa intended for foreign fiancés of US citizens who plan on marrying within 90 days of entering the US:
- It allows your partner to fly to the US, marry you, and then apply for Adjustment of Status to become a permanent resident.
- Unlike other visas, the K1 is specifically suited for couples who are ready to commit and start their married life in the US.
Note, however, that if your Thai partner hasn’t married you within 90 days of arriving in the US, they will have to leave the country. This also means they will not be eligible to adjust their status in Thailand unless they submit another application.
US Tourist Visa
Differing greatly from the K1 Visa, the US Tourist Visa (B-2) is classified as a non-immigrant visa:
- It is solely intended for traveling throughout the US for tourism purposes
- Holders of the visa can only stay in the country for up to 6 months maximum
If your partner has a US Tourist Visa, they are also forbidden from getting married within the United States because of its intended purpose. Ignoring this restriction as well as applying for an Adjustment of Status is illegal and will bring serious consequences.
Therefore, if you are planning on introducing your Thai partner to the United States for marriage purposes, they must acquire a K1 Visa, not a US Tourist Visa. If they already applied for the tourist visa, they will need to apply for a K1 Visa upon returning to Thailand and only reside in the United States for tourism up until that point.
Why is the K1 Visa ideal?
Choosing the right visa for your Thai significant other is essential in various ways:
- It significantly reduces your partner’s risk of encountering any legal problems
- Having the correct visa increases your partner’s chances of being approved and being able to secure their permanent residency status
These visas are awarded largely at the discretion of immigration officials, so a willingness to adhere to these guidelines demonstrates to them that you’re serious about applying. As a result, if you are adamant about marrying your Thai partner within the United States, the best visa out of these two options is the K1 Visa for several reasons.
Potential Refusal for Tourist Visas
There have been cases where foreign partners of US nationals have applied for a tourist visa and arrived on US soil for illegal immigration purposes. Given the uptick in illegal immigrants, American immigration officials are very strict about enforcing regulations. This is why Thai partners must attend an interview at the US Embassy and demonstrate their willingness to return to their home country.
So, even if you have no intent of marrying your Thai partner after they’ve entered on a tourist visa, US immigration may still believe you are, and deny your partner their visa. Visa rejections are something to avoid as they impair the chances of getting any US visa in the future.
Purpose Alignment
The purpose of the K1 Visa is to enable you to marry your Thai partner within the United States, making it the ideal path to take. Holding a K1 Visa and completing the marriage journey is doable as permitted by US immigration rules and regulations. This helps your partner’s chances of being approved and applying for subsequent visas in the future.
Legal Considerations
The US Citizenship and Immigration Services (USCIS) only issues K1 Visas to foreign nationals whose reason for entering the US is to get married there. This does not apply to tourist visas, which are intended only for individuals looking to visit the States as tourists. Those on a Tourist Visa are not permitted to marry, so doing so would be against US immigration law. Ignorance isn’t excused by US immigration, therefore, knowing the correct visa to get is important in helping your partner avoid any severe consequences.
What happens if your partner uses the wrong US visa?
The consequences of doing something not permitted on a specific visa are serious. The penalties can be even worse depending on your actions in the States, especially if your partner had any negative experiences with US Immigration in the past. Some of these consequences include:
- Visa Fraud Allegations: Misusing your visa is an example of visa fraud. This is a serious violation of US Immigration law with penalties ranging from paying a hefty fine to even being prosecuted by the law and being forced to serve jail time.
- Deportation: In more dire circumstances, your partner could even be deported. Having this could be a blot on your partner’s immigration record and might pose an issue if they want to immigrate to another country.
- Entry Bans: Being permanently prohibited from accessing the United States is another consequence to be aware of, which can restrict your partner from any chances of immigrating to that country.
- Easily Discoverable: Whatever your partner does while on a Tourist Visa is constantly monitored by US immigration. If they do marry you and adjust their status accordingly, they still have to leave the States after 6 months. Upon re-entry to the US, border officials may interrogate you about the purpose of your return and once they find out you’ve used the Tourist Visa for marriage, you’ll face serious punishments.
Hence, if your Thai partner wants to get married in the US, they need to apply for the K1 Visa instead. Having this in their possession rather than a Tourist Visa will allow them to get married, adjust their status, and become a permanent resident while minimizing potential risks.
Apply for a US Visa with Siam Legal
With multiple hurdles to overcome and hoops to jump through, applying for a US K1 Fiancé Visa is complicated, which is why it’s best to consult Siam Legal International to assist you in completing an application for your new visa.
As an international law firm based in Thailand with over 20 years of experience in handling immigration issues, strong knowledge of US immigration procedures, and a team of dedicated bilingual professionals, we have the necessary skill set to guide you side-by-side through every facet of your application.
Our expertise and commitment to client success will ensure that your partner’s application is completed accurately and they are well prepared for all the questions that will be asked during their embassy interview.
Reach out to Siam Legal to begin this significant chapter in your and your partner’s life. Our support will simplify your journey, allowing you to focus on a bright future with your partner.
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.
