K1 Fiance Visa
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.
Waiver of the INA 212(e) Two-Year Foreign Residence Requirement Pertaining to J-1 Exchange Visitors
A J-1 exchange visitor is defined in the Immigration and Nationality Act of 1952 (INA) as an alien “having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist or leader in a field or specialized knowledge or skill” and the broad category encompasses 13 subcategories within the J-1 provision.
The INA originally required all exchange visitors to return to their home country, or country of last residence, for a period of two years before being able to acquire temporary worker H status, intracompany transferee L status, or permanent resident status. Provisions to waive the two year foreign residence requirement has evolved when in instances compliance would cause an exceptional hardship to the alien’s US citizen or permanent resident alien spouse or child, or result in persecution to the alien on the basis of race, religion, or political opinion.
Are you subject to the two-year foreign residence requirement?
An exchange visitor (EV) may be subject to the two-year foreign residence requirement of INA for one or more of the following reasons. The alien’s participation in the exchange program was funded by the US government, the alien’s own government, or an international organization. The other reason is the education, training, or skill the alien is pursuing appears on the Exchange Visitor Kills List for the alien’s country. Additionally, the alien acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.
If you are subject, what does that mean?
If you are subject to the two-year foreign residence requirement, you may not change your status to that of H, L, or K, or to immigrant or legal permanent status until you have fulfilled the two-year foreign residence requirement by going back to your home country or receiving a waiver of this requirement.
If you are subject to the INA 212(e) and want a waiver of the two-year foreign residence requirement, there are five grounds for waivers.
No Objection Statement (NOS): The alien’s home country government issue a No Objection Statement (NOS) through its Embassy in Washington, DC directly to the waive the requirement. The law precludes the use of this option by foreign medical physicians, who acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.
Request by an interested government agency (IGA): If an exchange visitor is working on a project for or of interest to a U.S. Federal Government agency, and that agency has determined that the visitor’s departure for two years to fulfill the INA 212(e) requirement will be detrimental to its interest, that agency may request an interested government agency waiver on behalf of the alien for sake of public interest.
Persecution: If an exchange visitor believes that he or she will be persecuted based on his/her race, religion, or political opinion if he/she were to return to his/her home country, the alien may apply for a persecution waiver.
Exceptional hardship to a United States citizen (or legal permanent resident) spouse or child of an exchange visitor: If an alien can demonstrate that his or her departure from the US would cause exceptional hardship to his or her U.S. citizen or legal permanent resident spouse or child, he or she may apply for an exceptional hardship waiver.
Request by a designated State Department of Public Health or its equivalent, CONRAD: Pursuant to the requirements of Public Law 103-416, a foreign medical graduate who has an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area, and agrees to begin employment at that facility within 90 days of receiving such a waiver, and who signs a contract to continue to work at that health care facility for a total of 40 hours per week and for not less than three years, may apply for a waiver under this basis.
Tourist Visa B2 to the USA
Visitors traveling to the United States temporarily for business and pleasure, usually come as tourists or to visit family and friends. Others come for specific purposes, such as medical treatment, a conference, business meeting, or certain types of training.
Some tourists from certain countries, traveling for visitor visa purposes for 90 days or less, and who meet all the requirements, can travel to the United States for tourism or business under the Visa Waiver Program.
Additionally, certain citizens of Canada and Bermuda do not need a visa to visit the U.S.
Many of these temporary visitors, traveling for the business and pleasure purposes explained above, need visitor visas to enter the United States. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. Please note: If you want to travel to the United States to study or to work, you will need a different kind of visa.
The U.S. government made some changes in visa procedures after the terrorist attacks of September 11, 2001. The changes in various procedures to make sure that both U.S. citizens and visitors are safe. Advance planning by travelers is essential, for them to have their visa when they need it to come to the U.S. For most visa applicants, an interview is required as a standard part of visa processing. Visa applications are evaluated very carefully and take more time now than in the past. Some applications require additional security screening. Improved and automated procedures have considerably sped up visa clearance procedures.
Obtaining a visitor visa, or tourist visa, may not be as straighforward as it seems if you’re basing it on the information on the US Embassy websites. In reality, depending on your nationality and purpose of your trip, combined with your person documentation to prove strong community ties to your home country, obtaining a tourist visa to the US may be a confounding process. Simply, you need to show more than that the fact that you want to visit Disney Land, or that you have a friend you haven’t seen in 20 years, you need to show that once you arrive in the US you will not reside their or attempt to find work and overstay your visa, or worse yet, violate the terms of your visa.
Before heading to the embassy with your application in hand, be prepared and review your documents. Ask yourself these questions:
Do I have proof that I have strong ties to my home country, such as a business, dependants, employment, or family to substantiate my desire to return to my home country after my visit to the US?
Do I have enough financial proof that I will be able to support myself during my stay wtihout having to resort to public funds or public assistance?
Do I have a letter from the friend, company, or person sponsoring my trip to the US so to demonstrate that that person or organization would be responsible for me while I’m there?
Do I have the time and patient to sit through an interview and respond honestly to the questions the interviewing officer will pose?
Once you have considered these questions, go to the US Embassy website in your home country and start the process.
Contact us in Bangkok!
Bangkok, Thailand +66 (0)8 4724 3192
Skype: FrontierLegal
Email: Info@Frontierlegal.com
Health Based Ineligibility For Entry to the USA
The following communicable diseases of public health significance render a person inadmissible:
Chancroid
Gonorrhea
Granuloma inguinale
Acquired immune deficiency syndrome (HIV/AIDS)
Hansen’s disease (infectious leprosy)
Lymphogranuloma venereum
Infectious state syphilis
Infectious tuberculosis (TB) (clinically active)
In addition, the following physical or mental disorders can render a person inadmissible. Current physical or mental disorders, with harmful behavior associated with the disorder. Past physical or mental disorders with associated harmful behavior that is likely to recur or lead to other harmful behavior.
Harmful behavior is behavior that may pose, or has posed, a threat to the property, safety or welfare of the applicant or others.
A record of driving under the influence of alcohol (DUI or DWI) can lead to an investigation by the government to determine whether an immigrant has a “mental disorder associated with harmful behavior.”
For certain treatable illnesses (tuberculosis, for example), an arrangement with the overseas consulate may be possible whereby the applicant returns home to undergo a treatment regime for a specified length of time and then returns to the “panel physician” for re-examination, and if the illness is in complete remission, the visa is issued without the need for a waiver.
Waivers are possible for most of the health grounds of inadmissibility except for drug abuse or addiction. In evaluating all such waivers, the government adjudicator is obligated to ensure that the immigrant will not pose a threat to the health or welfare of the U.S. public, and that there will be no financial cost incurred by any level of government agency or by U.S. taxpayers due to the admission of the immigrant (except in such cases where an authorized U.S. agency has given its prior consent).
HIV applicants will also have to show the following:
Medical treatment has been arranged in the United States;
The applicant is aware of the nature and severity of his or her medical condition;
The applicant has provided evidence of counseling; and
The applicant has demonstrated a knowledge of the modes of transmission of the virus.
In addition, HIV applicants have a particularly high burden with regard to the “public charge” aspect of the waiver. The applicant’s U.S. sponsoring relative must demonstrate financial resources and/or health insurance to absorb the estimated $500,000 plus lifetime cost of health care for an AIDS sufferer before the waiver will be further be considered.
A person with a physical or mental disorder which threatens the safety of the applicant or others may receive a waiver if they submit documentation that convinces the government that they are fully recovered.
Contact us in Bangkok!
Bangkok, Thailand +66 (0)8 4724 3192
Skype: FrontierLegal
Email: Info@Frontierlegal.com
Student Visas
The U.S. attracts many foreign nationals to its diverse and strong institutions of learning. The F-1 Visa (Academic Student) allows one to enter the U.S. as a full-time student at an accredited (U.S. government- approved) college or university. The student must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate. The M-1 Visa (Vocational Student) is issued to students who want to pursue non-academic programs (health care technician, machinist, dental hygienist, etc) in an established institution. The J-1 Visa (Exchange Student) is for students pursuing graduate / post-graduate studies, visiting scholars, medical doctors undergoing training, etc.
How We Can Help with US Student Visas
Our office in Bangkok, Thailand, can assist both first-time student visa applicants and returning students and their dependent family members with the visa application process at consulates in Thailand.
We can analyze your background and advise you on how best to provide the required evidence of ties to your home country and your ability to bear the cost of your U.S. education, as well as discuss all viable options and paperwork required in each particular circumstance. We are also available to advise students already in the United States and to discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, we will submit the petitions and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.
Contact Us for F-1 Student Visa Application
We can put you in contact with world-class institutions within your specific criteria. We can ease the complexities of international travel and communication barriers by vetting our sources to ensure professional integrity and quality care.
Contact us for your personal consultation.
Overview of F-1 Student Visa Denied
The F-1 student status is for the primary purpose of full-time study at a school or college in the United States. (For trade and vocational schools, there is another type of student visa, known as an M-1; however, a student in language school is generally F-1.) Full-time study, in most cases, means at least 12 credit hours per semester. An F-1 must have nonimmigrant intent, meaning that s/he should not be planning to permanently remain in the U.S. upon entry in F-1 status.
Limits under the 1996 law, state that an F-1 student in elementary or secondary public school, or the family of such a student, has to reimburse the government for the cost of the education.
The F-1 student status does not entitle a student to work in the United States without prior authorization. Generally, a student must demonstrate sufficient financial support to pursue studies without the need for employment. During the first academic year, employment is restricted to on-campus work. After the first year, permission may be granted by the U.S. Citizenship and Immigration Services (USCIS), based on the recommendations of the Designated School Official (DSO), for off-campus work, under certain narrow circumstances. For example, a student who suddenly loses his or her source of financial support may request the school’s foreign student advisor to approve employment. Should the school official concur, the student would file for a work permit with the USCIS. There is also a work program for internships with international organizations.
A student is admitted for “duration of status,” which is the period of time needed to complete the school program. The school official enters an estimate of the time needed on the Form I-20 that the school completes. This form is submitted to the USCIS or the consulate when the student applies for a change of status from within the U.S. or for a visa from a consulate abroad, respectively. In most cases a student does not need to apply for an extension of stay. Generally, a student does not need to apply to stay in the United States as long as s/he is maintaining student status and making normal progress toward completion of the course of academic study.
If the coursework will not be completed by the estimated date on the Form I-21, the student and DSO should complete the Form I-538 to submit to the USCIS at least 30 days before the end date on the Form I-20. This submission should include compelling academic or medical reasons for needing the extension. DSOs must help students ensure that their Student and Exchange Visitor Information System (SEVIS) data is up to date at all times.
A student may work in the United States using the practical training option. There are two types of practical training: curricular practical training (CPT), which is required by the course of study, and optional practical training (OPT), which is work that is related to the subject studied.
Practical Training can be used either during the academic program or after completion of the program. Students who have been granted permission for CPT may work up to 20 hours during the school year, and full time during vacations and holidays. Full-time OPT, after completion of the academic program, enables the recent graduate to work for up to a year in a job related to the field of study.
Overview of J-1 Visa Denied
The J-1 visa is a non-immigrant status for an exchange visitor wishing to stay temporarily in the U.S. Within the J-1 category, there are a number of different programs. These include: Trainee, student, professor or research scholar, short-term scholar, non-academic specialist, foreign physician, international visitor, teacher, government visitor, camp counselor, au pair, and summer student in travel / work program.
The foreign visitor must be entering the U.S. to take part in an exchange visitor program that has been designated by the U.S. Department of State (DOS).
There is a requirement that the ‘J-1’ applicant be fluent in English and maintain sufficient funds and adequate medical insurance.
Student Visa Duration of Status
The applicant needs to obtain the Certificate of Eligibility for Exchange Visitor, Form IAP-66, from the program sponsor. On admission to the U.S., the applicant will receive a Form I-94 that is marked for ‘Duration of Status’ (D/S). The program sponsor, not the INS, has the responsibility to ensure that the ‘J-1’ holder maintains a valid Form IAP-66.
‘Duration of Status’ is defined as the completion of the J program plus 30 days. The total length of time that a ‘J-1’ holder is permitted to stay in the U.S. depends on the exchange visitor program. These duration requirements are set forth below:
- Post-Secondary Student : length of stay is time needed to complete the degree plus 18 months practical training
- Post-Doctoral Degree : length of stay is the degree plus 36 months practical training
- Business / Industrial Trainees : length of stay is 18 months
- Professors / Scholars : length of stay is 3 years maximum. Extension of 3 years only in exceptional or unusual circumstances
- Short-term Scholars : length of stay is 4 months
- Flight School Trainees : length of stay is 24 months
- Summer Work / Travel : length of stay is 4 months
- A ‘J-1’ holder must extend status by completing Form IAP-66 through a responsible representative of the program. INS Form I-539 is not required.
Certain J-1 holders are subject to the two-year home residency requirement (HRR), and if one is subject to the HRR, s/he must return to the home country for two years before being eligible to return to the U.S. The exception to this would be a case in which one is eligible for and obtains approval of a waiver of the two-year home residency requirement. A person in J-1 status, if subject to the two-year HRR, is not eligible to change or adjust his/her status from within the U.S. (other than to A or G status) until the two-year requirement is met or waived.Included in the category of individuals who are subject to the home-residency requirements are medical doctors. If you do not go home or intend to return home for the residency then most likely they will deny your student visa application.
What We Can Do For You: Waiver of J-1 Visa
If a J-1 exchange visitor subject to the HRR finds that a waiver is needed, there are many options available. There is no guarantee, however, that any waiver will be approved. Some waiver applications require that no other waiver applications be filed for the applicant. Most waivers have additional requirements that must be met to avoid cancellation of the waiver. It is important that a person seeking a waiver carefully choose the option/s right for her/him in order to maximize the likelihood of success.
Our office can assess waiver applicants and submit the appropriate waivers for the applicants’ particular situation. We will analyze your background and advise you on how best to provide the required evidence of hardship to your US citizen or lawful permanent residence status spouse or child. We will assess and discuss all viable options and paperwork required in each particular circumstance.
We are available to advise students wanting to return to the US on a different educational curriculum discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, attorneys at our firm can help with submitting the waiver forms and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.
US Visas and Immigration Services
CTR & Associates represents clients in Immigration Law by providing them a more efficient, reliable, and professional way to achieve their success at the US Embassy. Whether it is a family based immigration law matters at the US Embassy in Bangkok to the US Consulate in Ho Chi Minh City, we meet with clients to assess the facts of the case and develop a legal and practical business plan suitable to their individual needs.
As a leading American Law Firm, our U.S. Attorneys can make Administrative Processing inquiries with the local U.S. Embassy in Bangkok or in Ho Chi Minh City, provide personal immigration consultations, research local immigration laws, request a legal opinion for Thailand or Vietnam, draft/review and negotiate Prenuptial Agreements, and provide legal advice with our local Thai and Vietnamese Lawyers. Our most popular requests are Tourist Visas B1/B2, Fiance(e) K1, and Spousal Visa K3 for Immediate Relatives.
U.S. Passport & Citizenship
U.S. Citizenship is one step beyond permanent residence (Green Card). It provides the maximum immigration rights and is normally the final stage or goal for most immigrants. We can provide information on the following issues on citizenship:
- Citizenship Application N-400
- Citizenship Test Reading and Writing Requirements
- Citizenship Package Naturalization Questions
- Dual Citizenship for Yourself of Your Children
- Certificate of Citizenship, Replacement or New
- Certificate of Naturalization
- Passport Application
U.S. Visas
A visa grants the holder the right to apply for entry into the United States. 
- B-1 Business Visa
- B-2 Tourist Visa
- C-1 Transit Visa
- F-1 Student Visa
- J-1 Exchange Visitor Visa
- H-1B Work Visa
- K-1 Fiancée/Fiancé Visa
- Tourist Visa Extension
Tourist Visas for Business or Pleasure B1/B2
Visitors traveling to the United States temporarily for business and pleasure, usually come as tourists or to visit family and friends. Others come for specific purposes, such as medical treatment, a conference, business meeting, or certain types of training.
Some tourists from certain countries, traveling for visitor visa purposes for 90 days or less, and who meet all the requirements, can travel to the United States for tourism or business under the Visa Waiver Program. Additionally, certain citizens of Canada and Bermuda do not need a visa to visit the U.S.
Many of these temporary visitors, traveling for the business and pleasure purposes explained above, need visitor visas to enter the United States. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. Please note: If you want to travel to the United States to study or to work, you will need a different kind of visa.
K1 Visas
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?
Read more about K1 Visas here.
Visa Denials 214(b) and 221(g)
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…
To qualify for a non-immigrant Tourist Visa or Student Visa, an applicant must meet certain requirements, particularly that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant, that’s YOU.
Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents, and consulate officers only spend a minimal amount of time reviewing the file before the interview, and in some instances, none at all.
