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.

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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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.

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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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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Technically, it is identified as Form I-797 and is commonly confused with the letter initially sent by the US Embassy or Consulate abroad called packet 3.

Notice of Action 1 versus Packet 3

In fact, the NOA 1 and the packet 3 are very dissimilar. The former is a notice from the USCIS while the latter is issued by the respective US embassy. Moreover, the recipient of the NOA 1 is the petitioner who is residing in the United States or is already a US citizen or permanent resident. On the other hand, the packet 3 is sent on the address of the visa applicant and is directed at the applicant himself or to his or her guardian (if still a minor).

When does one receive a Notice of Action 1?

Persons are expected to receive NOA 1 when they file certain petitions like Petition for Alien Fiancé using the Form I-129F (for K1 or fiancé visa) and Petition for Alien Relative with the Form I-130 (for K3 visa, which is a spousal visa).  The NOA 1 serves as a notice of receipt of the petition. In addition, it ordinarily states the date the same was produced and the corresponding case number for the petition.

Notice of Action 1 and Authorized Representative

In the event where the petitioner sought the assistance of an immigration attorney, the application is supposed to be accompanied by Form G-28. This form authorizes the person to be notified of the status of the case and represent him or her before USCIS officers. The attorney will also receive the NOA 1 by reason of the relationship.

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Who may apply?

Only U.S. citizens are allowed to file a Petition for Alien Fiancé in the United States Citizenship and Immigration Services. In addition, the couple needs to comply with the following preconditions:

• Both parties are free to marry. If either were previously married, the past marriage should have been legally terminated and proof like decree of divorce or death certificate is available.

• The intended marriage vows must be performed within 90 days from entry in the United States. (Please take note that the K1 visa is non-extendible. If the marriage was not celebrated within the prescribed period, the K1 holder will have to depart from the U.S. immediately to avoid removal.)

• The couple ought to have personally met at least once within the last two years from the filing date of the petition. This requirement may only be waived if the meeting will be extremely burdensome to the petitioner or when such meeting will violate a long-established custom of either party.

• The petitioner also needs to meet the minimum income requirement which is ordinarily at least 125% of the poverty level for his state of residence.

• The beneficiary must pass the medical examination conducted by the U.S. embassy’s authorized medical facility.

• The beneficiary should also not have any criminal record.

• Both parties have to comply with any additional requirement the United States Citizenship and Immigration Services and respective embassy will request.

The entire application process usually lasts for several months. The first half will be spent on the processing of the Petition for Alien fiancé in the United States Citizenship and Immigration Services and the other half on the K1 visa application proper with the US Embassy in Thailand.

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In Thailand, the Passport Division, Department of Consular Affairs in the Ministry of Foreign Affairs processes and issues Thai passports. These passports may either be dark red, blue, green and red. The passport is colored according what type it belongs. For example, the passports with green covers are temporary passports.

Electronic and Non-electronic Passport

Through the years, the Thai government continually searched for innovations to make Thai passports equal and even surpass the international standard. The first passports issued are non-electronic versions but to be able to comply with the specifications of the International Civil Aviation Organization (ICAO) the Ministry started issuing electronic passports (e-passport for brevity).

Unlike the non-electronic passports, the e-passports contain biometric data like finger prints and facial features in integrated circuit. The information in the e-passport can be conveniently read by the automatic gates at immigration checkpoints. Currently, the Ministry only issues e-passports. The non-electronic are still considered valid though only until their expiry dates.

How to apply for an e-passport?

The applicant needs to come personally to the passport offices designated in the area for the collection of biometric data. The Passport Division processes passport applications through the Department of Consular Affairs, Chaengwattana Rd and at the 3 temporary passport offices in Bangkok (Bangna, Pinklao and Thailand’s Overseas Employment Service Center). The service is available outside Bangkok through the temporary passport offices designated in Khon Kaen, Chiang Mai, Songkla, Ubon Ratchathani, Surat Thani, Nakhon Ratchasima or Yala.

The usual processing time is 2 days excluding the application day.

Here are the steps to follow:

• In the office, the applicant needs to present a valid Thai Citizenship Identification Card to the receptionist and if the Identification Card he possess does not have a 13-digit Personal Number, he has to bring a House Registration with other official documents.

• He will need to take a queue number and fill up the necessary information.

• Afterwards, the biometric data will be collected by the office authorized personnel. He has to sign to certify the collected information and then apply for a postage service.

• Lastly, he has to pay the application fee and postage service fee and will be given the corresponding receipt and notification of the e-passport pick up date or notification of postage service.

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In 2008 alone, the Yearbook of Immigration Statistics: 2008 issued by the Office of Immigration Statistics of the Department of Homeland Security, declared that there are about 801 K1 visas issued in favor of Thai nationals.

A few hundreds more are presently pending. In order to hasten the waiting time to meet each other, as a substitute of applying for the K1 visa, few couples elect to request for U.S. tourist visa in its place. Truly, the processing time for K1 visa is longer than that for tourist visa. More papers are also involved in the former visa. Nevertheless, there still a lot things to consider first before taking this alternative.

Advantages of K1 visa

• The principle followed by consular officers in resolving applications is “All applicants for visitor visa intends to immigrate, in case of doubt, deny the application”.  This makes the officers stricter in handling application for tourist visas. Though the processing time is shorter, the risk of denial is much greater.

• The duty of consular officers in deciding on applications is purely discretionary. If they have the slightest feeling that applicant intends to go to U.S. to stay for good, it will already result to immediate denial.

• Moreover, even if the visitor visa is issued, the applicant could face an enormous trouble later on. Persons who do not disclose their true intention for going to the U.S. is actually committing immigration fraud. This crime is punishable by imprisonment and/or fine and may ultimately lead to permanent bar to legal entry into the United States.

Conclusion

The benefits of getting a tourist visa instead of a K1 visa are very tempting but the disadvantages clearly outweigh the advantages. If the couple is planning to marry when they finally meet, the K1 visa is the better option.

Also note that taking your fiancee to the US on a tourist visa for the purposes of marriage maybe be deemed to be illegal and may create problems further down the line.

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Here are some of the basics about K2 visa.

What is K2 visa?

K2 visa is a derivative visa of K1 visa or the US Fiancé visa. Hence, the K2 visa may only be issued if the K1 visa which serves as the principal visa is approved. Like other visas, it allows the holder to travel to the United States and formally apply for admission in the US port of entry.

Who may apply for K2 visa?

Only children of K1 visa holders may be given K2 visas, moreover, as additional precondition, he or she has to be unmarried and below 21 years of age. Otherwise, the child my only apply for visa under other categories.

Please take note that K2 visa has one important limitation. It may only be issued within one year from the issuance of the K1 visa. Therefore, it is greatly advisable to commence the processing as soon as possible.

How to apply for K2 visa?

Being a derivative visa, the application for K2 visa actually coincides with the request for K1 visa. All documents pertaining to the K1 like the Form I-129F, Petition for Alien Fiancé, must indicate the name of the child as her child. Failure to do so will make it more difficult for the child to obtain K2 visa.

Once the in the petition filed in the United States Citizenship and Immigration Services is granted, the relevant papers will be forwarded to the National Visa Center or NVC. The latter governmental agency will consequently submit these documents to the appropriate US embassy for Thailand and notify the applicant of the scheduled consular interview and additional instructions.

What happens after entry?

The K2 holder’s privilege to stay in the United States is contingent on the marriage of the K1 visa holder and the US citizen who filed the Form I-129F petition in her favor. For this reason, if the marriage did not push through within the prescribed 90 day period the K2 visa holder may already be removed or deported.

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Here are some of the advantages of the K1 Visa:

a.    It is specially made for the fiancé of US citizens.
b.    It has relatively shorter processing time.
c.    The probability of denial is much lower.
d.    There is a ninety day period  to get married.
e.    Your fiancé can only adjust her status into legal permanent residence when she marries the petitioner.

The last mentioned quality is perhaps the most interesting. In rare cases the alien fiancé decides not to marry the K1 visa petitioner and instead marry another US citizen or legal resident.

This may or may not be tragic for the K1 visa petitioner, but one thing is definite. The holder of the K1 visa may not adjust his or her status while settling in the United States. In this case, he or she has to leave and go back to his or her home country and undertake the ordinary consular processing. This time the visa that he or she may use will already be an IR-1 or CR-1 visa.

This is most likely the reason why many prefer to apply for tourist visa and then marry his or her fiancé in the US. In this case he or she may marry any US citizen or legal permanent resident and adjust status later on. However, this practice is wholly unadvisable. The person will face great difficulty on adjusting his or her status because he or she will need to prove that there was no intention to immigrate initially.

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What are they looking for?

The consular officers will usually check whether the applicant is qualified to have the K1 visa requested. The primary considerations that will be screened are the following:

•    The fiancé(e) must be a U.S. Citizen.
•    There must be intention to marry within 90 days from entry to U.S.
•    Both parties are free from any legal impediment to marry.
•    Met the meeting requirement

The meeting requirement may only be waived if there is a strict and long- established customs of either couple prevents them from personally meeting each other, or that such requirement would be too burdensome on the part of the petitioner.

Proof of correspondence with the fiancé(e) like love letters and copy of emails, as well as pictures may be of help in proving there is a bona fide relationship. These may be brought along with other supporting documents.

Possible US Visa Interview Questions

Taking note of the abovementioned criteria will serve as a guide to possible questions that may be asked. The succeeding are questions commonly asked by consular officers.

a.    How did you met your fiancé(e)?
b.    Have you met personally? If not, why?
c.    Where did you get engaged?
d.    How long are you engaged?
e.    Where are you getting married?
f.    What does your fiancé(e) do for a living?
g.    Where does your fiancé(e) lives?

Be honest and avoid talking when not asked. The officers are trained at determining who are lying and trying too much to give them the best conceivable answer may give them the wrong impression.

“Do not try to please the consular officers, just relax and be yourself.”

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