Us K1 Fiance Visa, Timing?

[andyc2006]

Hi,

I'm looking at my fiance's K-1 "fiance" visa to the USA (she's a Thai citizen).

She picked it up today. The relevant dates on the visa:

Issue date: 22-SEP-2008

Expiration date: 18-MAR-2009

And an annotation: "FIANCEE OF MR. AJC1970 K-1 PETITION EXPIRES ON OCTOBER 16, 2008."

How long does she have before she must go to the States? Until March 18, 2009, or October 16, 2008?

We're both in school here in Thailand, and weren't planning to go to the States until mid-November, after Loy Kratong but before Thanksgiving.

Also, how long do the I-485 (to adjust status after marriage) and I-131 (advance parole) forms take to process once we're in the States?

Ideally, we'd like to be able to return to Thailand to continue studying/living life in January 2009, spending only 6 weeks in the USA.

Yes, I realize, a tourist visa would've been ideal for us, but unfortunately the USA thinks that every Thai citizen wants to illegally immigrate to the USA, despite the reality of specific situations, and we couldn't get one.

TIA.

[Gumballl]

Hi,

I'm looking at my fiance's K-1 "fiance" visa to the USA (she's a Thai citizen).

She picked it up today. The relevant dates on the visa:

Issue date: 22-SEP-2008

Expiration date: 18-MAR-2009

And an annotation: "FIANCEE OF MR. AJC1970 K-1 PETITION EXPIRES ON OCTOBER 16, 2008."

How long does she have before she must go to the States? Until March 18, 2009, or October 16, 2008?

We're both in school here in Thailand, and weren't planning to go to the States until mid-November, after Loy Kratong but before Thanksgiving.

Also, how long do the I-485 (to adjust status after marriage) and I-131 (advance parole) forms take to process once we're in the States?

Ideally, we'd like to be able to return to Thailand to continue studying/living life in January 2009, spending only 6 weeks in the USA.

Yes, I realize, a tourist visa would've been ideal for us, but unfortunately the USA thinks that every Thai citizen wants to illegally immigrate to the USA, despite the reality of specific situations, and we couldn't get one.

TIA.

Congratulations! Your fiancee's visa is good until 18-Mar-2009. The other date (in October) is the date of expiry of the petition... which of course you are outta that phase. You are in a different phase now... that is, whisk the TG to the states, and if all is well within 90 days, marry her (legally). The ceremony can be done here in Thailand or the states... up 2 you.

[jetjock]

Hi,

I'm looking at my fiance's K-1 "fiance" visa to the USA (she's a Thai citizen).

She picked it up today. The relevant dates on the visa:

Issue date: 22-SEP-2008

Expiration date: 18-MAR-2009

And an annotation: "FIANCEE OF MR. AJC1970 K-1 PETITION EXPIRES ON OCTOBER 16, 2008."

How long does she have before she must go to the States? Until March 18, 2009, or October 16, 2008?

We're both in school here in Thailand, and weren't planning to go to the States until mid-November, after Loy Kratong but before Thanksgiving.

Also, how long do the I-485 (to adjust status after marriage) and I-131 (advance parole) forms take to process once we're in the States?

Ideally, we'd like to be able to return to Thailand to continue studying/living life in January 2009, spending only 6 weeks in the USA.

Yes, I realize, a tourist visa would've been ideal for us, but unfortunately the USA thinks that every Thai citizen wants to illegally immigrate to the USA, despite the reality of specific situations, and we couldn't get one.

TIA.

The date of Oct 16, 2008 appears to be the petition valid date which was the final date for her to apply for the visa which is now meaningless since she now has her visa.

The date of 18-MAR-2009 means that is the date up to and including that date for her single entry into the US. As you probably know, she will then have 90 days to get married or whatever from her actual date of entry.

I do not remember how long it took to get the I-485 approved but as I remember, it was a couple of months from the date of filing. Never needed the advance parole so cannot help you with that. Hope the info is helpful to you.

[Martian]

Unfortunately, I don't believe 6 weeks in the USA is enough time to get married, put the I-485 paperwork together, submit the I-485 and then apply for advanced parole. It doesn't sound doable to me but I am not exactly an expert on this stuff either. I have just completed the the whole K-1 visa to citizenship process with my wife and the 6 weeks seems very restricting to me.

Perhaps you don't have to get married and can re-submit at a later date when you do have the time to get through the permanent residency process. I don't know how they view an uncompleted (not married but returned) K-1 visa. It could be a positive for a future submission or a red flag.....anyone have any experience with this?

You could get married, return and then start working on a visa for a wife instead of fiancee. I think there are a couple options for you. Just think them out and do whats best for you and your sweetie.

Good luck and let us know how it all comes out!

Martian

Edit: jetjock: I am beginning to deal with the FAA on an international airplane sale. I hope I have a better experience with them than you appeared to have had! So far, they have been ok with me in my 15 years of flying VFR SEL.

Edited September 30, 2008 by Martian

[Thanyaburi Mac]

Hi,

I'm looking at my fiance's K-1 "fiance" visa to the USA (she's a Thai citizen).

She picked it up today. The relevant dates on the visa:

Issue date: 22-SEP-2008

Expiration date: 18-MAR-2009

And an annotation: "FIANCEE OF MR. AJC1970 K-1 PETITION EXPIRES ON OCTOBER 16, 2008."

How long does she have before she must go to the States? Until March 18, 2009, or October 16, 2008?

We're both in school here in Thailand, and weren't planning to go to the States until mid-November, after Loy Kratong but before Thanksgiving.

Also, how long do the I-485 (to adjust status after marriage) and I-131 (advance parole) forms take to process once we're in the States?

Ideally, we'd like to be able to return to Thailand to continue studying/living life in January 2009, spending only 6 weeks in the USA.

Yes, I realize, a tourist visa would've been ideal for us, but unfortunately the USA thinks that every Thai citizen wants to illegally immigrate to the USA, despite the reality of specific situations, and we couldn't get one.

TIA.

Go to the U.S CIS page at www.uscis.gov and take a look at "Processing Times." It varies with the particular office you're dealing with and their workload, and efficiency.....

Mac

[thaihome]

As you said, you didn’t really need the fiancée visa since you only intend to visit. What I would do is have her enter on the fiancée visa and do your six week visit. Don’t get married unless you want to have a family thing in the US. Otherwise just come back to Thailand and when you are ready get married in Thailand. Once you are married and since you have well established ties to Thailand, i.e. school, job, etc, it will be easy for your now wife to get a tourist visa for future visits based on her ties to you.

Until you are going to move back to the US permanently, there is no need to get a spousal visa/ green card. As a matter of fact, as long as you are living in Thailand, the green card would be difficult to keep valid and since she can get a tourist visa it is not needed.

TH

[andyc2006]

Thanks for all the replies. Good to know that we won't need to hustle out of here and can leave on our own terms in November.

re: the time to have Advanced Parole approved, I've read a number of conflicting things (after turning to Google). Since this thread will be around for others to read, I'll post a little info on that.

Some people on trackitt.com have reported I-131 Advanced Parole approvals as quickly as 15 days (and as long as 7 months). Also, the Los Angeles service center has an express service option for "emergencies," so that your I-131 can be fast-tracked. Mixed reports on that -- some people gave no reason for the emergency and were quickly approved, others gave reasons they considered to be important (mostly weddings) and were told they didn't qualify for the emergency fast-tracking.

As far as I could tell from my searches, you only need to be in the US when you apply for the advanced parole -- the USCIS can deliver the approval form that allows you to re-enter the US to its embassies in any country for you to pick them up. However, many US immigration lawyers suggest not leaving the US on advance parole AT ALL (claiming it's too risky to your I-485 filing, since even with your approved I-131, you may not be allowed to re-enter the US -- at discretion of the officer when you try to enter), AND now you need to have your biometrics taken before you leave the US.

Some links:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.trackitt.com/discussion-forums/...1219/last-page/

http://www.uscis.gov/files/article/i131_bi...rics_070808.pdf

http://www.uscis.gov/propub/ProPubVAP.jsp?...85066bd7d5c8373

http://www.trackitt.com/discussion-forums/...9739/last-page/

http://au.answers.yahoo.com/question/index...29142907AAU3VWe

http://en.wiredtape.com/wiki/USCIS_Form_I-131

[andyc2006]

As you said, you didn’t really need the fiancée visa since you only intend to visit. What I would do is have her enter on the fiancée visa and do your six week visit. Don’t get married unless you want to have a family thing in the US. Otherwise just come back to Thailand and when you are ready get married in Thailand. Once you are married and since you have well established ties to Thailand, i.e. school, job, etc, it will be easy for your now wife to get a tourist visa for future visits based on her ties to you.

Until you are going to move back to the US permanently, there is no need to get a spousal visa/ green card. As a matter of fact, as long as you are living in Thailand, the green card would be difficult to keep valid and since she can get a tourist visa it is not needed.

TH

I've been pondering our options. One is what you suggested: take her to the US on the fiance visa, do our 6 weeks, then return to Thailand without marrying. However, if we've officially declared to the US govt that we're going to the USA to marry, and they give us a visa for that purpose, will that cause a problem down-the-line?

I worry that the next time we apply for a visa, whether it be spousal or tourist, they'll say: "You took her there for marriage in 2008, after we gave her a visa for that purpose, but you didn't marry her (until much later). No visa."

Neither of us is in a hurry to marry (it's just what we figure/plan to do "one day"). It's a pity that our family planning is based on US immigration laws. When we applied for the tourist visa (we were denied), the interviewer actually told us to "get married, buy property in Thailand and have some kids," then to re-apply (since the situation would be different and I would've shown stronger ties to Thailand). Great... family planning advice from a 20-something govt bureaucrat, based on US immigration laws. What could go wrong?

[andyc2006]

Pondering my options, along with the pros & cons:

1. Go to USA, marry ASAP (first day there), file I-485 & (hopefully expedited) I-131. Don't leave until I-131 approved.

Pros: everything official, US bureaucrats happy with us.

Cons: big interruption in my Thai lessons, in her school too, and we're in an expensive lease that we can't and don't want to abandon, so we'd be paying rent on an empty condo while we're in the States.

2. Go to USA, marry ASAP (first day there), file I-485 & (hopefully expedited) I-131. Leave when we want to leave, even if I-131 hasn't been approved yet.

Potential cons: I-131 may not be approved (usually it is, if I can trust reports on trackitt.com), or what I've read about only needing to be in the US when you apply for it and having USCIS deliver it to an embassy could be false, in which case the I-485 is officially abandoned, & wife may have issues getting a US visa in the future (?).

3. Go to USA, don't marry. Holiday according to our own timeline. Marry according to our own timeline.

Pros: that's the way people should live their lives.

Cons: US Govt doesn't care about peoples' lives. It does care about people following its laws, and therefore may give my SO problems in the future when she wants to go to the States.

Thoughts/advice (excluding "be less cynical about your govt")?

TIA

[thaihome]

Not sure why you think that entering on the Fiancée visa and leaving without marrying is going to be an issue in the future. The K1 visa is a non-immigrant visa which makes the holder eligible to file for change of status if they qualify (get married). There is no requirement to file the change of status. IMHO, coming back on the K-1 without getting married will actually help in the future when applying for a tourist visa for future visits as it show the intent is not to immigrant (which is why they refuse them). It certainly won’t have any impact if in a few years you do decide to move to the US and apply for the spousal visa. If you do not intend to establish residence in the US at this time, why would even apply for permanent residence then leave (options #1-2) ?

I think your “cons” on options #3 show a lack of understanding of what the visa/immigration process is about. Your options # 1-2 are not following the law or its intent, which is why the government might frown on either of them.

It seems to be your only logical, legal option is #3 and I don’t understand why you fail to recognize that.

Good luck,

TH

[andyc2006]

Not sure why you think that entering on the Fiancée visa and leaving without marrying is going to be an issue in the future.

My concern is based on my personal experience that at every step of the way, my govt has assumed the worst of my fiance (according to the people at the embassy, they must, that's how the law is written). And I've read horror stories about spouses who can't join one another in the US, sometimes when the kids and 1 spouse are already in the US, because of some minor immigration issue that turns into a bureaucratic nightmare.

The K1 visa is a non-immigrant visa which makes the holder eligible to file for change of status if they qualify (get married). There is no requirement to file the change of status.

Yes, no requirement to change status. But the non-immigrant visa is also issued on a premise -- that the applicant is going to the US for the purpose of marriage. So if we don't marry, my concern is that at some future visa interview, she'll be asked why she "lied" to the US govt (you can laugh, but I listened in a quite a few interviews like this when I was at the embassy, where people were accused of lying for doing something that I thought was reasonable -- changing plans).

IMHO, coming back on the K-1 without getting married will actually help in the future when applying for a tourist visa for future visits as it show the intent is not to immigrant (which is why they refuse them). It certainly won’t have any impact if in a few years you do decide to move to the US and apply for the spousal visa.

I hope you're right. I'm soliciting opinions such as this because I want to know...

What if I want her with me EVERY trip (I go back 3 or 4 times each year to visit my mom & grandparents)? Do you think her odds of getting a tourist visa will have improved? Multi-entry?

If you do not intend to establish residence in the US at this time, why would even apply for permanent residence then leave (options #1-2) ?

The primary reason would be so that in the future, we can travel to the USA without such a hassle.

But also, I'm hoping it'll allow her to travel everywhere more freely, so that when I want to holiday somewhere, say, Italy, as an example only, she'll have an easier time joining me -- years ago I had a Philippine GF with a US green card, and she was able to go everywhere that I went. It'd be nice if my fiance could do the same.

I think your “cons” on options #3 show a lack of understanding of what the visa/immigration process is about.

I've never claimed to have an understanding of visa nuances. I'm asking because I don't.

Your options # 1-2 are not following the law or its intent, which is why the government might frown on either of them.

Hmm... I hadn't even considered that. If we file the I-485 (after going to the US and marrying, of course) but intend to reside in Thailand, do you think that could be an issue for her in the future?

It seems to be your only logical, legal option is #3 and I don’t understand why you fail to recognize that.

Because I don't know much about US Immigration law -- though I know much more than I ever wanted to, and more than anybody should have to know!

Good luck,

TH

Thanks (for the responses too)

[Martian]

I think the OP would best serve himself and his sweetie if he would stop blaming the embassy and it's employees for the policies of immigration and accept that they are in control and do offer options for travel to the USA even if they aren't convenient for his life and plans. Having a bad attitude about the situation will show through at the embassy whether it be obvious word choice or less obvious things like body language or facial expressions. Those people can quickly identify such things and you will surely have more difficulty if they do.

Immigration/visitation policies are not there to fit everyone's lives and to be convenient. They are there to manage the process of allowing or not allowing foreign nationals to enter the country. They make and enforce the rules, not ordinary citizens.

Stop taking it personal, look at the options available to you, decide which to pursue and get on with it in a polite and positive manner and you might be happy in the end.

As I have posted before, Thai immigration policies are way more discriminatory and way more restrictive than the USA's. You just have to sit down and take an unbiased look at it. Thailand makes it easy to enter (because they want your money short-term) but it is far more difficult to stay long term than it is in the USA. My wife just gained full US citizenship in 3 years and 1 month...try doing that in Thailand. In the USA, foreign nationals can seek and hold almost any position (job) except those specifically excluded due to national security reasons whereas Thailand has protectionist policies greatly restricting foreign nationals' opportunities at jobs.

Yet, with that all being true, I don't blame anyone in Thailand immigration or hold a chip on my shoulder because it isn't fair that it is so difficult for me to stay long-term with my Thai wife in our home in Thailand that we built and I paid for. Instead, I am looking at what options are available to me, accept what are the requirements and get on with meeting them to achieve my goal.

I suggest you take the same approach and your life will probably be much more easier and happier in the end.

Good luck to you and your sweetie in your pusuit, I hope you are successful in the end.

Regards,

Martian

[pumpuiman]

If you are not planning to reside in the U.S., I believe her permanent residency would be revoked after a year or so.

My wife and I were unable to travel back to Thailand for more than a year after our marriage....advance parole is a gamble we weren't willing to take, not after all the hard work getting the visa.

The "fast tracking" for emergencies requires written documentation proving your need to travel quickly...like hospital paperwork showing a family member is dying.

I don't think getting married in the U.S is going to help you in any way.....wait and do it when your both ready.

[AaronLV]

I have been doing a lot of reading on the subject of Fiancee Visas. Check out this site www.visajourney.com, they have tons of information. I personally would not use the K1 visa if you are not going to marry in the US. This could hurt your gf's chances of getting a VISA in the future. They may determine that you never intended to marry the first time you got the K1 under fraudulent circumstances, thus blacklisting her from ever getting a US visa again. Don't mess with immigration, do it right.

[seesip]

Regarding Advanced Parole applications in LA, when I applied with my Thai wife about 5 years ago, you had to wait in line for hours early in the morning to make sure you got in to see an officer that day, it was hel_l. Now you make appts online and the entire process is MUCH faster. I remember the last time it took a few weeks total. Biggest slow down, as with all immigration issues, is showing up with missing or incorrect info, so just make sure you have all the apps/checks/photos/passports, etc. and show up on time. You still may end up waiting for quite a while, but as others suggested, be ready for it and try and maintain a good attitude. I've seen too many people get angry with the immigration officers in LA and you know those applications probably go straight to the bottom of the pile. Or in the trash.

[bucknutthai]

acj1970 - I'm going thru th same thing,and I have a question. How long was it from the time you received your I-797c form to you got the actual visa?

Thanks

[Ricksomchai]

Hi,

I'm looking at my fiance's K-1 "fiance" visa to the USA (she's a Thai citizen).

She picked it up today. The relevant dates on the visa:

Issue date: 22-SEP-2008

Expiration date: 18-MAR-2009

And an annotation: "FIANCEE OF MR. AJC1970 K-1 PETITION EXPIRES ON OCTOBER 16, 2008."

How long does she have before she must go to the States? Until March 18, 2009, or October 16, 2008?

We're both in school here in Thailand, and weren't planning to go to the States until mid-November, after Loy Kratong but before Thanksgiving.

Also, how long do the I-485 (to adjust status after marriage) and I-131 (advance parole) forms take to process once we're in the States?

Ideally, we'd like to be able to return to Thailand to continue studying/living life in January 2009, spending only 6 weeks in the USA.

Yes, I realize, a tourist visa would've been ideal for us, but unfortunately the USA thinks that every Thai citizen wants to illegally immigrate to the USA, despite the reality of specific situations, and we couldn't get one.

TIA.

what does a thai need to be approved for the K- 1 form?

also im from the USA what must i do to help her get it approved? what must i do?

and how long can she stay if approved ? can she get a work visa and stay or is it best to marry?

im trying to get my fiance to the US so we can be together and i can pay the family just yet it $15000

what do you think?

[dr_Pat_Pong]

Hi,

I'm looking at my fiance's K-1 "fiance" visa to the USA (she's a Thai citizen).

She picked it up today. The relevant dates on the visa:

Issue date: 22-SEP-2008

Expiration date: 18-MAR-2009

And an annotation: "FIANCEE OF MR. AJC1970 K-1 PETITION EXPIRES ON OCTOBER 16, 2008."

How long does she have before she must go to the States? Until March 18, 2009, or October 16, 2008?

We're both in school here in Thailand, and weren't planning to go to the States until mid-November, after Loy Kratong but before Thanksgiving.

Also, how long do the I-485 (to adjust status after marriage) and I-131 (advance parole) forms take to process once we're in the States?

Ideally, we'd like to be able to return to Thailand to continue studying/living life in January 2009, spending only 6 weeks in the USA.

Yes, I realize, a tourist visa would've been ideal for us, but unfortunately the USA thinks that every Thai citizen wants to illegally immigrate to the USA, despite the reality of specific situations, and we couldn't get one.

TIA.

what does a thai need to be approved for the K- 1 form?

also im from the USA what must i do to help her get it approved? what must i do?

and how long can she stay if approved ? can she get a work visa and stay or is it best to marry?

im trying to get my fiance to the US so we can be together and i can pay the family just yet it $15000

what do you think?

Way too pricey. Look at the Sin Sot Topics on Thaivisa.

[newislander]

I'm interested to hear how this is going, I just got acknowledgement from NVC that the approved application is being communicated to the US Embassy in Bangkok and that my Fiance will recieve a package shortly. We've already researched what she needs to prepare but have some questions, notably:

• Police Certificate required for all addresses of residence since the age of 16 - not easy for someone in their 40's who never expected to be asked for the is information. Any idea on how strict they are on this.
  
• Evidence of financial support - my income should be fine but as far as a bank balance or savings I'm wondering how critical they are.
  
• Medical examination - does the Embassy give a list of approved clinics in the package they send?
  really appreciate some feedback on these questions. Thanks.
  

Hi,
I'm looking at my fiance's K-1 "fiance" visa to the USA (she's a Thai citizen).
She picked it up today. The relevant dates on the visa:
Issue date: 22-SEP-2008
Expiration date: 18-MAR-2009

And an annotation: "FIANCEE OF MR. AJC1970 K-1 PETITION EXPIRES ON OCTOBER 16, 2008."
How long does she have before she must go to the States? Until March 18, 2009, or October 16, 2008?
We're both in school here in Thailand, and weren't planning to go to the States until mid-November, after Loy Kratong but before Thanksgiving.
Also, how long do the I-485 (to adjust status after marriage) and I-131 (advance parole) forms take to process once we're in the States?
Ideally, we'd like to be able to return to Thailand to continue studying/living life in January 2009, spending only 6 weeks in the USA.
Yes, I realize, a tourist visa would've been ideal for us, but unfortunately the USA thinks that every Thai citizen wants to illegally immigrate to the USA, despite the reality of specific situations, and we couldn't get one.
TIA.

[thaihome]

You might want to nose around a bit on the Bangkok Consulate web site. They have lots of information and links.

For example, to answer your first and third question.

THAI POLICE CLEARANCE CERTIFICATE

INSTRUCTIONS FOR MEDICAL EXAMINATION

Good luck

TH