The E2 visa is a nonimmigrant especially formulated in favor of investors who are nationals of countries with a commercial treaty with the US. The allowable period of initial stay may be as long as two years and also extendible.

Eligibility and Documentary Requirements

Before one may apply for the E2 visa, he must make sure that he meets and has the following pre-requisites:

•    A national of a country with commercial  treaty with the US
•    Either the owner of at least fifty percent of the enterprise or he or she possesses special skills which is necessary for the operation of the business

The US embassy requires, among others these documents:

•    Form DS-156, Nonimmigrant Visa Application
•    Form DS-157, compulsory if the applicant is male between 16-45 years of age)
•    Passport with a validity date of at least six month beyond the intended stay
•    Proof of ownership of an enterprise which qualifies under the commercial treaty
•    Proof establishing that the position to be held is executive, supervisory or requires special skill
•    Proof that the planned investment is substantial

When investment is considered “substantial”?

The US immigration laws do not have a hard and fast rule in determining when an investment is “substantial”. The consular officers look at the whole picture and not the amount. The factors that are checked are: nature of the enterprise; capital involved; number of employment that will be created and the potential impact to economy. It must be more than enough to set up the enterprise.

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Meanwhile, the latter involves undergoing a process authorized by the US Immigration.

Why become a US Citizen?

There are many rights and privileges exclusively reserved for US citizens that entice many to aspire to become one. The following are some:

a.    Freedom to live and work in the United States permanently
b.    May avail of the services provided by the federal government
c.    Voting rights and right to be voted
d.    Greater ability to sponsor relatives who want to migrate in the US
e.    Government support while abroad

Naturalization

Needless to say, aliens after marrying US citizens do not automatically become US citizens. Marriage is not one of the modes sanctioned by the law for acquisition of US citizenship.

If he wants to be naturalized, he needs to file an application with the United States Citizenship and Immigration Services (USCIS) Form N-400 Application for Naturalization. However, he must first determine for himself whether he is already eligible to apply.

Here are some of the preconditions for before one may request for naturalization.

a.    Permanent resident (green card holder) for at least five years. Please take note that special rules may apply on the residency requirement for individuals who served the US military and to their respective immediate relatives.

b.    In case of spouse of US citizens, the permanent residence must only be at least 3 years provided that the marriage is subsisting during all of that period.

c.    He must be person of good moral character.

d.    He should be able to understand, speak and write using the English language.

e.    He has basic knowledge of US history and government.

f.    He is willing to support and obey the constitution.

After finding himself pass the above mentioned conditions, he may consequently submit his application along with the relevant documents and application fee to the appropriate USCIS Lockbox facility that serves the locality. He will receive a notice regarding how he will be fingerprinted and when will be his interview.

The status of the application may be viewed through the USCIS website. The processing time varies depending on the location and the number of pending cases. Once the application is approved, the person needs to take the Oath of Allegiance to the United States in a formal naturalization ceremony to perfect his citizenship.

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More importantly, only after the marriage will the Thai fiancée be qualified to adjust her status and consequently obtain a green card.

Getting the Green Card

The United States Citizenship and Immigration Service has jurisdiction to process and approve applications for permanent residence.

The Thai spouse has to file Form I-485, Application for Permanent Residence and Adjust Status to the appropriate USCIS Center especially assigned for the eligibility category.

The following have to be submitted along with the Form I-485:

• Passport-style photographs

• Form G-325A, biographic information

• Copy of government issued photo identification

• Copy of Birth Certificate

• Copy of passport page with non-immigrant visa

• Copy of passport page where the admission (entry stamp) is affixed

• Form I-94, Admission/Departure Record

• Proof of marriage to the US citizen within 90 days from entry

• Report of Medical examination and vaccination supplement, if applicable

• Form I-864, Affidavit of Support

• Copy of approved application (for example approved Form I-129F)

• Filing fee

Upon receipt of the documents, these will be assessed for genuineness and completeness. The couple may also be subsequently scheduled for an interview to be held in the designated USCIS Center.

All the gathered information will be used in determining whether the applicant is already eligible for permanent residency. The applicant will be notified of the decision in writing.

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There several visa which can be used wherein Thai men can be allowed to enter the US. Here are the most common visas used.

B1 or US Tourist Visa

The B1 or US tourist visa is a nonimmigrant visa intended for persons who want to travel to US for tourism purposes. Some prefer to apply for this type due to its shorter processing time. Nevertheless, fiancé’s and husbands are greatly advised not to use this. Even if the visa is approved, they will find difficulty in adjusting their status to legal permanent residence. They may also be answerable for an immigration crime if they have been found disclosing their true intention in going to the US.

K1 or Fiancé Visa

K1 visa or the so called US fiancé visa is a single entry visa ideal for men who are intending to marry their US fiancée and thereafter apply for legal permanent residence. The K1 visa holder will be authorized to travel to US and formally request for admission. Once admitted, he has ninety days to marry his fiancée and subsequently fie for adjustment of status. During the pendency of the AOS application, he is allowed to stay in the US.

K3 Visa

The K3 visa is a marriage visa available for husbands and fiancé of US citizens. This is actually a multiple entries nonimmigrant visa valid for two years. Like the K1 visa, the K3 holder is allowed to stay in the US and travel abroad while the adjustment of status application is pending.

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She will already be allowed to adjust her status to legal permanent resident accordingly. The processing time for K1 visa is relatively shorter than that for other categories of visas. Nevertheless, there are a lot of documents involved making it complicated.

Once the Thai fiancée get hold of the K1 visa, the couple now has to move on to the next step, preparation for arrival.

Preparation for arrival

First of all, she needs to accomplish all unfinished business abroad. The K1 visa is only a single entry visa; hence, it may only be used once. If she leaves the US, she will have to apply for a new visa. As a remedy to this predicament, after the marriage, she must immediately apply for adjustment of status and obtain an advance parole. This parole will allow her to travel abroad and go back using the same visa.

Arriving at the Port of Entry

The US Customs and Borders Protection, (CBP) for brevity, is the governmental agency sanctioned to ensure that persons requesting entry to the US are qualified. The CBP officers will be the one who will welcome the Thai fiancée upon arrival at the airport to check her documentations.

Please keep in mind that the sealed brown envelope given by the US Embassy in Thailand cannot be opened. Only the CBP officers may do so. If by reason of inadvertence or negligence the envelope was unfastened, the CBS officer may refuse her request for admission by reason of possibility of commission of documentary immigration fraud.

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In some cases it bears a legend “NOT VALID FOR EMPLOYMENT” or “VALID FOR WORK ONLY WITH DHS AUTHORIZATION”, contingent to the citizenship and status of the individual. Nevertheless, the most important content of the card is the Social Security Number or SSN which serves as a number assigned by the U.S. government to the owner thereof.

Purpose

The objective of having this is for the government to keep track on the earnings and benefits given to every individual residing in the United States. Moreover, it is used by schools, banks and other agencies as proof of identification.

Application

There are two ways to apply for a Social Security number and card.

First, the person may apply in the home country through the U.S. Embassy designated. He only needs to submit along with the other required documents a duly accomplished Form DS-230 Application for Immigrant Visa and Alien Registration. Please be reminded to answer “yes” in Questions 33a and 33b on the Form DS-230. The embassy will submit the information in the Department of Homeland Security (DHS). If the applicant is consequently admitted into the U.S., the DHS will forward the collected information to the Social Security Administration (SSA) and the latter will send the Social Security Card in the mailing address in the U.S.

Secondly, an application may be submitted in the Social Security Office in the U.S. If one prefers the second one, it is advisable to wait for at least 10 days after arrival in U.S. before filing the documents required. For the reason that only at this point will the documents of the applicant be are available in the DHS data system for verification.

He will only need to bring the following papers to the local Security Office:

• Completed Application for Social Security Card (Form SS-5)

• At least two original Documents proving: Identity and Immigration Status, Work Eligibility and Age

After the information and documents submitted are verified, the SSN and card will be mailed to the mailing address of the applicant in the U.S.

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To avoid future complications when they want to reenter. The following persons need to apply:

1. Those who  have been granted with Temporary Protected Status;
2. Those with pending application for adjustment of status to lawful permanent resident;
3. Those who have pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
4. Those with a pending asylum application; and
5. a pending application for legalization

K1 Visa holder

K1 visa holders squarely falls under the second group of persons who are required to apply for an advance parole before leaving the United States. Please take note that the K1 visa is a single entry nonimmigrant visa. For this reason, the visa may not be used to reenter. Once the holder leaves the United States, he or she has to apply for another visa. Moreover, the departure may also be deemed as abandonment of the pending application for adjustment of status.

This is in contrast with the K3, CR-1 and IR-1 visas. The K3 visa is a multiple entries visa. On the other hand the IR-1 and CR-1 visas are immigrant visa already.  Before the holder travels to the US, his or her status was already adjusted to legal permanent residence through consular processing.

Remedy: Application for Advance Parole

If it is unavoidable to leave while the application for adjustment of status is pending, the holder needs to file with the USCIS Center the relevant application for Advance Parole.  This document will authorize the holder to use the same K1 visa in reentering the US.

The processing of the application for advance parole is not that fast. Thus, for emergency purposes, the USCIS now highly recommends advance filing of applications at the time of adjustment of status.

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Being so, most Thai parent(s) still prefer to have their child acquire Thai citizenship. This dilemma is commonly experienced by Thais married to foreign nationals. Despite the fact that the Thai government recognizes dual citizenship, the acquisition of Thai citizenship is not automatic.

Citizenship Rules

The citizenship rules may be sum up as follows:

a.    A child born to either or both Thai parents is eligible for Thai citizenship.

b.    A child who has a Thai mother born outside Thailand will have to notify the Thai consulate or embassy of the child’s birth. She has to ask for the issuance of birth certificate as proof of the child’s Thai nationality.

c.    A child with a Thai father (who did not sign a marriage certificate) is qualified for Thai citizenship if:

1.    The parents subsequently get married.
2.    The Thai father applied for Legitimate Child Registration.
3.    There is a court order as to the legitimacy status of the child.

After taking into consideration the aforementioned basic notes on determining whether one is qualified to obtain Thai citizenship, what is left to be done is file a consular report of birth abroad.

Consular Reports of Birth Abroad

The application is somewhat similar to the US Consular Report of Birth Abroad. The issuing authority is the Thai consulate or embassy which has jurisdiction over the place of birth of the child. This report is very important in establishing one’s citizenship, especially in gaining a Thai passport, and must be done as soon as possible.

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K1 visa and Employment Authorization Document

One of the questions commonly asked by holders of US K1 visa or the so called fiancé visa is “Am I allowed to work in the United States?”  The answer there is yes but only after they receive an Employment Authorization Document (EAD for brevity). The EAD is synonymous to a working permit and is issued by the United States Citizenship and Immigration Services.

Two Ways of Getting a Work Permit

The K1 visa holder has two options in getting a permit. He or she may either apply as soon as possible, upon entry in the US or apply after the marriage.
Though the first option is favorable to those who are rushing to be employed, if he or she has the luxury of time, it is not very advisable. The lifespan of the EAD for K1 visa holders is contingent to the 90 day validity of the visa and the status as a fiancé. Once the he or she marries the petitioner US fiancé(e) or after the lapse of the visa validity, the EAD automatically expires.

The second option involves the filing of the EAD using the form I-765 along with the application for the Adjustment of Status and Legal Permanent Residence. The validity period of the EAD requested in this mode is normally for one year. Moreover, the amount that will be needed, in sum, is actually cheaper since the filing fee for the EAD is already integrated in the fee for the permanent residence.

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Eligibility

The common dilemma in eligibility faced by couples is the meeting requirement. The typical cause is lacking of funds to travel to the country of the fiancé(e). Whereas others just do not have spare time go there. Fortunately, the U.S. Immigration law provided two exemptions to this requirement. First, when a strict and long- established customs of either couple prevents them from personally meeting each other, and secondly, that such requirement would be too burdensome on the part of the petitioner.  If they do not fall under these two, the only thing left to do is visit the fiancé(e) in Thailand.

Documentation

There are voluminous documents involved in applying for K1 visa and there are two sets required. The first set is comprised of papers to be submitted by the U.S. citizen fiancé(e) to the United States Citizenship and Immigration Services (USCIS) and the National Visa Center (NVC), while the second set includes supporting documents required by the U.S. embassy in Bangkok.

These documents play a vital role in the determination of eligibility of the applicant yet a few fails to handle them correctly. The immigration officers ordinarily complain about insufficiency and disorderly manner of presenting the documents. These technical hitches result to delays in the processing or even denial of the petition.

Interview

Interview may be the last segment of the application process but bulks of applicants are being denied from having visas by reason thereof. Hence, applicants ought to be extra careful on this part.

The common mistake committed in this stage is inadequate answers in the questions given by consular officers. Applicants usually feel very nervous and uneasy during the interview (especially the first- timers) making themselves utter unconsciously erroneous responses. To make them feel comfortable, they may try to rehearse at least a day before the interview. They may try to formulate possible questions and answer them accordingly.

There are a lot of things that could go wrong in the K1 application but they could be avoided with proper guidance and support. Though legal assistance may be a little bit expensive, seeking help from lawyers is a sensible way of preventing oneself from going back to square one.

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These visas authorize entry to the US but unlike the other two, the K3 Visa is essentially a nonimmigrant visa. The K3 holder will have to adjust his or her status within the prescribed period or else he or she will face removal or deportation. With regard to the IR-1 and CR-1 visa, these are already immigrant visas granting the holder legal permanent residence.

After taking note of the limitations of K3 visa, one may think that IR-1 or CR-1 visas are better alternatives. Nonetheless, the mode of visa processing might change his or her mind.

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Aside from being notices and that the United States Citizenship and Immigration Services (USCIS) Center is their issuing body; they are poles apart.

When is the  Notice of Action 2?

The filing of a good and quality petition brings birth to a NOA 2.  Upon receipt by the appropriate USCIS Center of the petition and the relevant documents, it mails to the petitioner a Notice of Action 1 or NOA 1. This notice signifies that the documents submitted are already received by the center and is being reviewed. Later on he or she may receive a Request for Evidence or RFE if the initial documents filed are lacking.

There may also be instances that a Notice of Denial will be received when the defect in the petitioner’s circumstances is incurable and substantial. If fortunate enough, he or she will be accepting a Notice of Action 2. The NOA 2 is letter indicating that the USCIS approves the petition. It also informs the petitioner that all the supporting documents as well as the petition are forwarded to the National Visa Center (NVC for short). The NVC will thereafter send the papers to the respective US embassy in the designated in the country of nationality of the beneficiary of the petitions.

Taking into consideration the above procedure, it is clear that the NOA 2 entails good news. It is but an approval of the USCIS application and a key to the next phase of the petition.

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