CTR and Associates K1 Fiance Visa Services

“I had consulted with numerous other immigration lawyers (locally and abroad) prior to meeting Cathy and after the initial consultation with Cathy I knew this was the lawyer that I had been searching for!  Cathy answered all my initial questions in thorough detail and comprehensible manner.  I chose Cathy and her associates as my sole immigration attorney for all my legal issues which may arise while going through the Fiancee Visa process and with any possible future issues after the process was completed. In my opinion Cathy’s firm went above and beyond my expectations from what I was expecting from an immigration lawyer. ”

K1 Fiance Visa Overview

If your fiance is not a citizen of the United States and you plan to get married in the U.S., then you must file a K1 Visa petition with USCIS on behalf of your fiancé. After the petition is approved, your fiance must obtain a visa issued at a U.S. Embassy or U.S. Consulate abroad. The marriage must take place within 90 days after the 1st admission to the U.S.

If the green card marriage does NOT take place within 90 days or your loved one marries someone other than you (the U.S. citizen filing USCIS Form I-129F – Petition for Alien Fiancé), then he/she will be required to leave the United States. Until the marriage takes place, that person is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose and may not obtain an extension of the 90-day original non-immigrant admission.

If your loved one intends to live and work permanently in the United States, you should apply for an adjustment of status for the green card after your marriage. Conditional permanent residency or conditional green cards, or otherwise referred to as the “two year green card” is granted when the marriage is less than two years old at the time of adjustment of status or time of the green card processing.

K1 Visa Step by Step Presentation

Below is a presentation that takes you through the K1 Fiance Visa application process step by step.

For more detailed information please contact us for a consultation.

Who is Eligible?

U.S. citizens who will be getting married to loved one in the United States may petition for a fiance(e)  K-1 Visa. Both of you must be free to marry. This means that you are legally able to marry and any previous marriages have ended through divorce, annulment or death. You must have met each other in person within the last two years before filing for the I-129F Form for a Fiancé(e) Visa. This requirement can be waived only if meeting in person would violate long-established customs, or meeting would create extreme hardship for you. You a must marry within 90 days after the initial entry into the U.S.

You may also apply to bring any dependents that your fiance(e) may have who are unmarried and under 21years of age.

After arriving in the United States, you will be eligible to apply for a work permit or employment authorization document for your loved ones. The applicant may be able to work while the green card is pending and in any profession without requiring a work permit.

K1 Fiance Visa and the In Person Meeting Requirement

The INA requires K1 fiance visa applicants to have physically met their US citizen petitioner in person before the USCIS will grant the I-129F. This is simply one factor used to prove the bona fide or sincerity of the relationship between the fiancee visa applicant and the US citizen petitioner.

This in person meeting mandate flies in the face of modern time and technology where couples meet on dating websites, online chats, and social network sites. With the advent of online dating, couples utilize video chat and instant chat, and Skype calls wherein it’s genuinely plausible that couples fall in love and have a bona fide relationship. Saying that though, virtual meetings do not meet the US law that mandates that the couple are in physical presence of each other at least 1 time.

US law does allow for extenuating circumstances where an in person meeting may be waived. This waiver is permitted when it is established that a meeting would be an extreme hardship for the US citizen petitioner, or it is not permitted due to cultural or religious traditions. As long as the religious belief is recognized, or the cultural tradition is sincere, then USCIS will waive the meeting requirement.

For the extreme hardship method, this is a waiver that the US petitioner submit indicating that visa denial based on meeting the fiancee in person mandate would place extreme hardship to the US citizen petitioner. Extreme hardship to the petitioner exists where the petitioner may have an extenuating medical disability or circumstances that warrants a waiver of the meeting in person requirement.

Oftentimes, couples have met and can fulfill the 1 in person meeting requirement, but whether it is sufficient to create a genuine and caring relationship with the visa applicant will depend on the couple’s unique sets of facts. For instance, the consular officers may scrutinize extensively whether a couple who spent 1 day together would be able to establish a bona fide relationship as oppose to 1 month. The 1 day visit may also contradict the traditional notion of a relationship where there’s sincerity and genuine care and affection if the couple commenced their relationship 1-2 months prior to filing the Fiance Visa Application. Nonetheless, a 1 month long visit may also be scrutinized if there are other red flag issues such as a wide age gap or multiple filings for the same applicant.

The US consular officers can glean from the meeting(s) and the evidence submitted whether it rise to the level of of creating a sincere and bona fide relationship.

K1 Visa Consulate Interview

Questions asked by the officer is generally geared at determining whether the couple has a sincere or bona fide relationship. In generally practice,

the interviewing officer will review the documents that the American petitioner submitted to USCIS in the I-129F form, and any additional evidence submitted by the visa applicant. The officer conducts a due diligence in that he/she reviews the information in the file and ask the visa applicant questions to ascertain the sincerity of the relationship. Interviewees may feel intimidated in this situation as one would be if sitting across a complete stranger who asks you personal questions regarding your relationship with your loved one. Nonetheless, the officers are trained to scrutinize the applicant for any legal inadmissibility issue and whether  the couple’s relationship is bona fide.

Any temptation to lie to the consular officers is pointless as they are trained to detect those deceptive techniques used to obtain a visa. The penalty for lying to a consular officer could result in an outright denial of the visa application and possibly a bar on entry to the US for years to come. Thus, honesty is the best policy when it comes to answering sensitive questions at the interview.

How Can I Appeal a Denied K1 Visa

Generally, you may appeal within 33 days of receiving the denial by mail.  The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC.

Attorney Services

We welcome inquiries from attorneys with clients requesting US Embassy Consular Processing Services or Department of Homeland Security in Bangkok . In the past, we have referred Law Firms, provided legal inquiries at the US Embassy in Bangkok and in Ho Chi Minh City, and associated with International Law Firms on Business and Mergers & Acquisitions Law. Our versatile and technologically modern Law Offices in Bangkok and Ho Chi Minh City are well equipped with the latest telecommunication equipment required to service for our international clients.

We provide direct US immigration services at the US Embassy and with DHS in Bangkok, ranging from  Administrative Processing inquiries to complex 221(g) visa denials and 214b refusals. Delays in processing green cards or issuing I-90, or to Abandon Residence. CTR & Associates Ltd. have the resources to provide expeditious, reliable, and professional legal services for attorneys requiring an “on the ground” lawyer who can meet and interview the applicants for their Fiance Visas, Student Visas, IR1, and any US Citizenship or Consular Reports. Here’s a sample list of the services we provide.

• Certified translation from Thai to English
• Certified translation from Vietnamese to English
• Vietnamese Speaking American Attorney to Speak to Clients and Meet them for Interview Preparation
• Thai and English Speaking Staff
  
• Supported by L & N Law Firm in Ho Chi Minh City, Vietnam
• 221(g) Visa Denial Review
• I-601 Inadmissibility Waiver for Extreme Hardship
• Consultations regarding visa eligibility at the consulate
• Procurement of support documents in Thai or Vietnamese
• Filing of applications with US Consulates worldwide and with USCIS in the United States
• Scheduling visa appointments and requesting expedited processing
• Preparation and guidance for interviews and travel
• Processing of requests for Waiver of Inadmissibility
• Assistance with US citizenship and passport applications
• Liaison with local posts to ensure compliance with processes, procedures and documentary requirements
• Academic Student Visas (F-1)
• Tourist Visas
• IMBRA Waivers for Multiple Filings of Fiance(e) Petition

Home

Contact Us

Please provide us with the following information in your email.

• Full Name
• Phone number
• Email address
• Your Spouse/Fiancee’s name
• Current status of your petition and a brief history
• Your citizenship status
• Your questions and expectations

Once we review your information we will respond promptly.

We have offices conveniently located in the financial district Bangkok, Thailand and in Ho Chi Minh City, Vietnam.

Bangkok, Thailand Exchange Tower, 42nd Floor, 388 Sukhumvit Road, Klongtoey, Bangkok Tel: (+66) 02 302 1448 Email: info@ctrlegal.com Skype:CTRLEGAL

Ho Chi Minh City, Vietnam Khang Thong Building Suite 702, Floor 7 67 Nguyen Thi Minh Khai Street, Dist 1., Ho Chi Minh City Email: info@ctrlegal.com Skype: CTRLEGAL

Contact Form

If you wish to use our contact form, please complete the details below and click send.

Your Full Name (required)

     
Your Email (required)

     
Your Telephone Number

     
Subject

     
Your Message

     

Cathy Tran Reck, Esq.

Cathy Tran Reck is the managing director of CTR & ASSOCIATES. She is fluent in English and Vietnamese, certified to practice law under the California State Bar, and an active member of the American Immigration Lawyers Association. We combine distinct legal and cultural experiences to serve our clients with the utmost professionalism.

Qualifications

J.D. Santa Clara University, California (2002)
M.A. Sacramento State University, California (1998)
B.A. University of California, Davis, California (1995)
Member of Phi Beta Delta Omicron Chapter
Member of American Immigration Lawyers Association
Member of California State Bar
Member of the American Bar Association

Kinh Le, Attorney in Vietnam

Kinh Le is the Managing Director at L&N Law Offices based in Ho Chi Minh City and Hanoi, Vietnam. Mr. Le has extensive civil litigation experience in Labor Dispute, Arbitration, Business Transactions, International Business Law, Family & Matrimonial Law, and Finance Law. L&N Consulting provides of counsel services to our international clients with demands for international business law and transactions.

Legal Services

Cathy Tran Reck & Associates Ltd. (CTR) will change the way clients are represented in US Immigration Law by providing a more efficient, professional and reliable way to achieve success at the US Embassies and US Consulates abroad. Whether it is a Fiancee K1 Visa or K3 Spouse Visa with the U.S. Consulate in Bangkok, or a complex 221(g) visa denial from the U.S. Consulate in Ho Chi Minh City, we can meet with clients to review each case and then provide an assessment of the case.

Clients can access a wide array of immigration and visa services with usl, ranging from making an administrative review inquiry with the local U.S. consulate, personal immigration consultation, research local immigration laws, request a legal opinion for Thailand or Vietnam, secure medical documents, and provide local filings directly with USCIS.

EB-5 Investor Green Card Program

If you are a foreign investor from any country looking to enter the U.S. as a lawful permanent resident, then the EB5 investor Green Card Program is the way to go. High net worth individuals are able to make an investment which creates 10 jobs and obtain their Green Cards as fast as one who marries a U.S. citizen. Other relative petitions take 5-15 years and employment based Green Cards 3-8 years.

Consider the following advantages this program has over other visa programs. The EB-5 Investor Green Card process takes approximately 18 months before you have your Green Card, and qualifying family members are approved at the same time. Here are the five top reasons the EB-5 Investor Green Card Program is ideal for foreign investors.

Attorney Services

Our firm commonly receive inquiries from fellow attorneys regarding (RFE) Request for Further Evidence, Visa Eligibility, and I-601 Waiver of Inadmissibility for Extreme Hardship.  The services are easily available and comprehensive to suit any particular case, we intend to eliminate the time-consuming process of relying on internet research.

We provide direct representation with consular processing matters by having local counsel at the U.S. consulate. Whether it is an administrative review inquiry with the U.S. consulate in Bangkok or a complex 221(g) visa denial from Ho Chi Minh City, we have the resources to provide expeditious and cost-effective service.

Corporate Services

We provide a full range of corporate services for companies setting up their businesses in Thailand. While most companies will require a Foreign Business License, we can assist by an in-depth assessment of the legal and tax implications for each business model available to you. We can also provide partial administrative and contractual services for company registration.

Student Visa Services

Our firm can assist students interested in pursuing a program or course of study that culminates in a degree, diploma, or certificated. Additionally, there are options for Vocation Students who wish to pursue non-academic programs in an established institution. For those Exchange Students pursuing graduate/ post-graduate studies, visiting scholars, medical doctors undergoing training, we can assist you in assessing the appropriate student visa to enter the US.