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This article is designed to inform readers about the issues surrounding issuance of a K1 visa for a Thai fiancee. Throughout the internet, there are many articles and websites which purport to have expertise in matters related to United States Immigration from Thailand. This article was written as a resource and guide.

The K1 visa process is relatively long, and at times, the cause of some consternation. In certain instances, a Thai-American couple will wait between 5-6 months before obtaining approval from USCIS. Upon approval, the application must be sent to the National Visa Center and then finally, in the case of Thai fiancee visa applications, to the file will be sent to the US Embassy in Thailand. For many, this process can be aggravating. In many cases, the wait ultimately results in the issuance of a valid K1 fiancee visa.

Once the visa is issued, some American Citizen fiances become concerned about the information and dates noted on the visa itself. A major source of anxiety for some is the note on the visa which says, “K1 Petition Expires Month Day, Year.” Many American Citizens mistakenly believe that this is the end of the visa’s validity. As a practical matter, the visa is valid for going to the USA until its expiration. As a rule, K1 visas are valid for six months. Although, they could be issued with more or less validity as it is technically at the discretion of the Consular Officer adjudicating the case at the United States Embassy in Bangkok.

The date of the visa’s expiry can be confusing for some. The K1 Visa is usually valid for 6 months after it has been approved. That being said, upon arriving in the United States and being admitted at the port of entry the K1 visa holder is only entitled to 90 days presence in the United States (it should be noted that if the visa holder does, in fact, marry the American and apply for adjustment of status, then she would be entitled to remain indefinitely provided the adjustment of status is approved and any conditions are lifted). Some people, after being issued the K1 fiance visa, are puzzled by these different dates. Two critical factors to remember: the K1 may be utilized for 6 months after it is issued, but it only provides 90 days of lawful status upon entry. If the parties do not get married in 90 days, then the K1 visa holder must leave the USA before the visa expires.

A major concern for anyone seeking to retain legal advice regarding an Immigration matter from Thailand: how can I tell if my Thai fiancee is receiving legal advice from a competent credible professional? The answer: ask to see some credentials. Much like a waitress asking someone for ID who appears less than 21 years of age, prospective clients should never be too shy to ask their prospective attorney for a copy of his or her bar card or other certificate in order authenticate their credentials. Further, ask the attorney what law school they graduated from and in which state he or she is licensed and in good standing to practice law. Should the individual attempt to dodge the question or if he becomes angry, then one could take this as a sign that the individual is not being completely candid about something…or isn’t what they claim to be. If he or she provides the name of their state of licensure, then go to the internet and search for the bar association or Supreme Court of that state. Every state maintains a database listing all of the attorneys licensed in their jurisdiction. If the “attorney” is not on this list, then further inquiry may be required.

Usually at this phase, most people would wonder: “Am I going to trust my Thai fiance to an operator who fabricates information about their legal credentials?”

United States Immigration rules and regulations are a complex and constantly changing area of American law. On the surface, United States immigration may appear to be a straightforward endeavor and there are those who claim it is merely “filling in forms.” However, upon further investigation, one will quickly see that it is a narrow and deep area of legal practice, filled with pitfalls for the unwary. Failure to be one hundred percent honest in an application can lead to unintended consequences. Pose this question to yourself, “should I place my thai fiancee in the hands of a person who instructs her to lie to the U.S. Government?”

Ignorance of relevant immigration rules and deadlines can lead an unwitting couple into a situation where they are unable to achieve their immigration goals in the time frame they desire. When hiring an Immigration Attorney stay away from so-called “visa companies,” and “visa specialists,” as they are unsanctioned by the Immigration authorities at USCIS. Those to be most wary of: unqualified individuals who claim to be licensed lawyers when in reality they are not licensed in good standing in any American jurisdiction, and furthermore have probably not graduated from an accredited law school. This type of unscrupulous individual should be avoided at all costs, if for no other reason than the fact that if problems arise with the application only a licensed attorney can explain the situation to the authorities at USCIS. Generally, Embassies and Consulates will not accept 221g follow up documentation from an unlicensed attorney.

For more information please see: k1 visa.