How to get a K1 Visa for Fiancee

For many American who have met their girlfriends during their holiday tour of Thailand or who have met online through various dating websites, the most confounding problem is what to do if you want to pursue your relationship in the US.  The most common questions I get from prospective client are: How can I bring my Thai fiancee to the US to get married? Do I have to marry her in Thailand or can we marry in the US? What are the financial and procedural issues I’d have to substantiate to the US Embassy?

An American citizen who plans to marry in the US must first determine their local USCIS office to file the I-129F for their fiancee. This initial processing means you have to submit sufficient proof that you have a bona fide relationship with you fiancee and you must also have met with your fiancée in person within the last two years before filing for the visa. This requirement can be waived only if meeting your fiancée in person would violate long-established customs, or if meeting your fiancée would create extreme hardship for you. There are narrow exceptions to this rule so if you have fall in this category, you need to get professional legal help.  Additionally, you and your fiancée must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You may also apply to bring your fiancée’s unmarried children, who are under age 21, to the US. As a practical matter, the National Visa Center does an administrative review of the file to ensure everything is in order before moving it along to the US Consulate abroad.

Once your petition is approved in the US, the file is then sent to your fiancee’s country of residence, and in this case it would be Bangkok, Thailand. The US Consulate will do an administrative review of the file to see that everything is in order and then send your fiancee a packet of information to complete prior to making an interview appointment. This ranges from residency documents to medical exams, and any supplemental evidence she may want to take to the interview to verify the veracity of the relationship. While the US Consulate does see a fair amount of fraudulent cases, most Consular Officers are fair and knowledgeable in immigration law and they will normally approve credible, legitimate cases.To their credit, they are trained to determine if a case lacks merits or if it’s purely based on circumventing USA immigration laws, for which they will ultimately deny.

The most crucial part of this process is the interview. This is the only time where the Consular Officer will meet with your fiancee and to determine whether there are any discrepancies or dishonesty in the case. This is an essential and pivotal point in the process and where more applicants tend to fail. As mentioned earlier, the Consular Officers are adept at fraud detection and signs of misrepresentation, wherein it is within their discretion to outright deny the case and send it back to USCIS for revocation, or they issue a 221(g) and forward it to Administrative Processing. Either way, the strength of the case is dependent on the applicant’s response to questions posed and the quantity and quality of the evidence. It’s true, some legitimate cases are wrongfully denied, and some weak ones do get approved.

If your fiancee is successful, the U.S. Embassy will issue a visa for her, and her dependents if applicable, to go abroad and get married. However, the marriage has to take place within 90 days of your fiancee entering the USA. If the marriage does not take place, your fiancee cannot marry someone else and she must return to Thailand. Until the marriage takes place, your fiancée is considered a nonimmigrant, which is simply a foreign national seeking to temporarily enter the United States for a specific purpose so it’s nearly impossible to change the status of that visa to that of Tourist or Student Visa when your fiancee enters on the Fiancee K1 Visa.

If your fiancee intends to live and work permanently in the US, she should apply to become a permanent resident after your marriage. If she does not, she will have to leave the country before the 90 days nonimmigrant admission date. Once the permanent residence is issued after your marriage, your fiancee will initially receive conditional permanent residence status for two years, and it simply means that the marriage was created less than two years at the time of the application for permanent residence. This would also apply to any dependents that benefited from the K-2, such as her unmarried children.

Alternatively, if you are one of those unfortunate souls that were denied a Fiancee Visa, you may appeal within 33 days of receiving the denial by mail. Chances of getting an appeal approved is slim, especially if the denial is based on facts in the case. If you believe it was erroneously denied due to legal grounds, I suggest hiring professional legal help to appeal to the appropriate department in the Embassy.  More often than not, clients do not even realize that their denial was without applicable legal basis  versus factual findings to gauge whether to appeal. Many will simply abandon the Fiancee Visa and seek other immigration options or they seek the advice of a legal professional. This is purely a personal and strategic decision depending on your ultimate goal.

Working with the US Embassy does not have to be a traumatic or expensive journey. It takes some time to research the administrative procedures and a patient. The end result of bringing your fiancee to the USA should be your ultimate goal and never underestimate the power of bureaucracy.