Processing a K-1 (fiance) visa or K-3 (marriage in Thailand) visa to the USA

[pookiki]

Does anyone have any experience in using a law firm in Thailand to process a K-1 (fiance) visa or a K-3 (marriage in Thailand) visa to the USA?  If you do, I would greatly appreciate your experience and recommendation of finding a reputable law firm and the expenses you incurred in processing either one of these visa types.

[Maha Sarakham]

I did not use a law firm in Thailand, but I'd recommend just doing it yourself if you can, it is super easy and will save you a lot of money.  I don't really understand why people hire lawyers for K1, it is a very basic set of forms that is black and white as to what to put in the boxes.  Anyways, sorry I don't have a contact for you, just thought I'd mention my experience with it was really not bad at all.  Good luck.

[pookiki]

8 hours ago, Maha Sarakham said:

I did not use a law firm in Thailand, but I'd recommend just doing it yourself if you can, it is super easy and will save you a lot of money.  I don't really understand why people hire lawyers for K1, it is a very basic set of forms that is black and white as to what to put in the boxes.  Anyways, sorry I don't have a contact for you, just thought I'd mention my experience with it was really not bad at all.  Good luck.

May I send a PM to you?

[Maha Sarakham]

1 minute ago, pookiki said:

May I send a PM to you?

 

Of course, any time.

[sirineou]

Same here. Though it has been 14 years now, we did it all on our own.  Lawyers will do nothing that you cant easily do yourself. 

The process is straight forward.

I Made the application from the US which included a fee and evidence of relationship (more about that later) , a package was send to Bangkok American Embassy. Bangkok embassy send a letter to my then fiancé, requesting a number of things such as Doctors health letter, vaccinations, Police report etc. Fiancé returned required documents to embassy and waited, a couple of weeks later they scheduled and appointment for interview . , after the interview she was issued a K1 visa. 

Evidence of relationship: very important!!  keep receipts of hotels you stayed together showing both names and dates, Domestic and or international airplane tickets of places you might have traveled together, Records of telephone conversations, Skype, Facebook etc.  Pictures of you,  fiancé and her family, as much as evidence of relationship as possible. 

Once she arrives in the US, you have three months to get married, I suggest you get married at a civil ceremony immediately to get the ball rolling towards a Green Card.  If you want to have a formal wedding you can do so later on. 

  Once married, file for a change of Status. Then she will be issued a temporary Green card, 

Once married for two years the gets her Permanent Green Card. 

Three years Later (because she already had two years) Citizenship. 

     A very helpful website where you can download forms and ask for help from others who are going through the process right now,   https://www.visajourney.com/forums/

https://www.facebook.com/groups/61405522650

 

PS: have your fiancé look for FB group from Thailand, I am sure there must be a bunch of Thai ladies  going through the process right now, and your fiancé might feel more comfortable talking to them in Thai

 

Good lock

Edited April 11, 2021 by sirineou

[pookiki]

26 minutes ago, sirineou said:

Same here. Though it has been 14 years now, we did it all on our own.  Lawyers will do nothing that you cant easily do yourself. 

The process is straight forward.

I Made the application from the US which included a fee and evidence of relationship (more about that later) , a package was send to Bangkok American Embassy. Bangkok embassy send a letter to my then fiancé, requesting a number of things such as Doctors health letter, vaccinations, Police report etc. Fiancé returned required documents to embassy and waited, a couple of weeks later they scheduled and appointment for interview . , after the interview she was issued a K1 visa. 

Evidence of relationship: very important!!  keep receipts of hotels you stayed together showing both names and dates, Domestic and or international airplane tickets of places you might have traveled together, Records of telephone conversations, Skype, Facebook etc.  Pictures of you,  fiancé and her family, as much as evidence of relationship as possible. 

Once she arrives in the US, you have three months to get married, I suggest you get married at a civil ceremony immediately to get the ball rolling towards a Green Card.  If you want to have a formal wedding you can do so later on. 

  Once married, file for a change of Status. Then she will be issued a temporary Green card, 

Once married for two years the gets her Permanent Green Card. 

Three years Later (because she already had two years) Citizenship. 

     A very helpful website where you can download forms and ask for help from others who are going through the process right now,   https://www.visajourney.com/forums/

https://www.facebook.com/groups/61405522650

 

PS: have your fiancé look for FB group from Thailand, I am sure there must be a bunch of Thai ladies  going through the process right now, and your fiancé might feel more comfortable talking to them in Thai

 

Good lock

Thank you so much!!

[oceanbreeze851]

I agree with Sirineou, even with the visajourney.com website. We started our journey in 2011 and my wife is now a USA citizen. We are returning to Thailand as soon as 7 May 2021. I am trying to arrange my visa as I am writing this. Good Luck

[pookiki]

On 4/19/2021 at 3:45 AM, oceanbreeze851 said:

I agree with Sirineou, even with the visajourney.com website. We started our journey in 2011 and my wife is now a USA citizen. We are returning to Thailand as soon as 7 May 2021. I am trying to arrange my visa as I am writing this. Good Luck

Thanks so much!

[Elkski]

I sent ???? in k1 Feb 26 2020, at that time it was taking 250 days total,  trump and covid delayed us so 400 days later we still waiting for interview.  Now covid spike in Thailand threatens to add 2 more months.  It's a big backlog so expect 400 days+.  I filled out the forms.  

[pookiki]

20 hours ago, Elkski said:

I sent ???? in k1 Feb 26 2020, at that time it was taking 250 days total,  trump and covid delayed us so 400 days later we still waiting for interview.  Now covid spike in Thailand threatens to add 2 more months.  It's a big backlog so expect 400 days+.  I filled out the forms.  

Based on the advice of others who responded here, I'm thinking the best option is for me to marry my g/f in Thailand and then apply for her admission on an 'immediate relative' visa.  Not sure if this will result in the more expedient processing of the visa but I don't want to return to the US to process the K-1 visa.  I want to stay in Thailand to see the process through.  Thank you for your information!

[Elkski]

On 4/21/2021 at 4:11 AM, Elkski said:

I sent ???? in k1 Feb 26 2020, at that time it was taking 250 days total,  trump and covid delayed us so 400 days later we still waiting for interview.  Now covid spike in Thailand threatens to add 2 more months.  It's a big backlog so expect 400 days+.  I filled out the forms.  

It took 421 days till interview.  She got it.   Now hoping for negative covid test and get her out Sat night.  Get her a top tier vaccine next week

[Elkski]

On 4/22/2021 at 12:31 AM, pookiki said:

Based on the advice of others who responded here, I'm thinking the best option is for me to marry my g/f in Thailand and then apply for her admission on an 'immediate relative' visa.  Not sure if this will result in the more expedient processing of the visa but I don't want to return to the US to process the K-1 visa.  I want to stay in Thailand to see the process through.  Thank you for your information!

If your ok in Thailand it would be best to marry then apply for CR1 visa.  It takes longer than the ,k1 but they arrive with green card and work visa and can travel immediately. 

[pookiki]

On 5/1/2021 at 9:08 AM, Elkski said:

If your ok in Thailand it would be best to marry then apply for CR1 visa.  It takes longer than the ,k1 but they arrive with green card and work visa and can travel immediately. 

Based on one of the posts here, the waiting time for a CR1 or an IR1 was possibly shorter than the K1.   It would be a huge hassle for me to do the K1 because I could not process it from Thailand. I would have to be in the USA - at least that is what a friend told me who is an immigration lawyer. I'm OK in Thailand.  I just need to get the ball rolling. Thanks for your reply!

[GinBoy2]

1 hour ago, pookiki said:

Based on one of the posts here, the waiting time for a CR1 or an IR1 was possibly shorter than the K1.   It would be a huge hassle for me to do the K1 because I could not process it from Thailand. I would have to be in the USA - at least that is what a friend told me who is an immigration lawyer. I'm OK in Thailand.  I just need to get the ball rolling. Thanks for your reply!

So the good thing about the IR-1 or CR-1, which depends on if you have been married 2 years or less, that you hit the ground in the US with a green card SSN etc, so she'll for all intends and purposes look like one of us; ability to work freely get a drivers license and all that good stuff.

 

Doing the 90 day K1 road, you still have to go through the hoops of adjustment of status before she can get her green card and fully be a documented immigrant.

 

It used to be so easy, and quick, to do the CR-1/IR-1 when the USCIS office was open in Bangkok before Trump went on his any anything immigrant tirade and shut down all overseas USCIS offices.

We did it start to finish in exactly 100 days.

 

Now Biden has signaled that his administration might re-open the overseas offices that Trump shut down.

 

So you might get lucky

[Elkski]

I don't know why you would need to be in usa to file the K1.  It is mailed to Texas but you can do that from Thailand. 

One difference is that the affidavit of support for the K1 is not legally binding like the one for the CR1 is.  

I have heard some have waited 2 years to get a green card after applying for change if status on a K1 visa in salt lake city.  Work permit and travel permit (sometimes called combo card) takes 8 months.   Before this card travel will void the K1 visa.   But I think travel to mexico and canada is ok.  There are no exceptions.  So if family member gets I'll this may be a real bad thing.   

Under normal times the CR1 was taking like 15-18 months and K1 8-9.  But last administration had put a hall unofficially to K1 except for military and CR1 started processing at BKK embassy after the covid shutdown.  10 months of cases sat in Virginia until the old embassador resigned in Jan. Usually it's a 2 week step in Virginia. 

She is at 38,000'  3 hours away from Seattle.   After 15 months apart.   

 

Have you considered a B2 tourist visa?  Good for 10 years 6 months at a stay. 

[Maha Sarakham]

2 hours ago, Elkski said:

I have heard some have waited 2 years to get a green card after applying for change if status on a K1 visa in salt lake city. 

 

Straight from the USCIS website this morning.  129F to I-485 is a painful transition right now post-covid.  Highly recommend CR1.

 

[kynikoi]

Total hijack. Sorry.

 

Anyone have any info that cr1 can dcf again in BKK???

[GinBoy2]

25 minutes ago, kynikoi said:

Total hijack. Sorry.

 

Anyone have any info that cr1 can dcf again in BKK???

Nobody knows that yet.

 

But either way, in my mind at least if the OP is OK with hunkering down in Thailand while a CR-1 or IR-1 is processed, it's a better option than a K1.

 

But that's just my opinion, other may have a different opinion

[Elkski]

On 5/2/2021 at 7:49 AM, Maha Sarakham said:

 

Straight from the USCIS website this morning.  129F to I-485 is a painful transition right now post-covid.  Highly recommend CR1.

 

Is this the time  to get a green card? Omg if so. 

[GinBoy2]

4 hours ago, Elkski said:

Is this the time  to get a green card? Omg if so. 

Yes, and I think that's what some, not all don't understand about the K1 and CR-1 routes.

 

If all you want is to get your 'Honey Bunny' into the US as fast as possible, the K1 is undoubtedly faster.

 

But consider this..

 

With a CR-1/IR-1 all the immigration legwork is done upfront, whereas with a K1 is a non immigrant, essentially tourist visa , and all that immigration legwork stuff still needs to happen as part of the 'adjustment of status' 

 

It's only after that process is complete that they get the green card, unlike when they enter with a CR-1 visa, it's an immigrant visa, they get their passports stamped at the port of entry with a temporary green card, an I-551, and roughly 10 days after they land, the real green card  and SSN card will show up in the mail.

 

At that point you're off to the races and as I said before they are essentially the same as any US citizen

 

 

Edited May 6, 2021 by GinBoy2

[revgreen]

My (now) wife and I used a firm for her K1 years ago. It was okay, but ultimately probably a waste of money. It's not that difficult to do on your own. Many Facebook groups and such that can help you out.

[JCP108]

I have processed a K visa while not in the U.S. before and there was no need for me to physically be there. It's all done by mail. They don't care where you are when you file. I was told that if your wife gets a visa and lands for the first time in the U.S. after your 2nd wedding anniversary (likely given the long processing times), then you don't have to adjust status the normal way (long and expensive) and she automatically gets the green card. We filed on September 1, 2020 and our forms have yet to be processed by NVC and sent to Bangkok. Thanks Trump. Hopefully Biden speeds this up. Also, you don't need a lawyer. The forms are fairly simple and having a lawyer won't speed it up any.