Q: My girlfriend lives in Roi-Ed, Roi Et, Thailand. I am getting ready to visit her. How does she get a K-1 visa?
I will be going there after summer for 2 weeks. Where does she apply for her K-1 visa? After I visit her, what would be our next steps?
A:
Here is a link to some basic information about the K1 Visa. https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas
As a U.S. citizen, you can bring your Fiancé(e) to the United States with the intention to marry and live here with a Fiancé(e) K1 Visa. With the K1 visa, the foreign fiance will be able to travel to the U.S. and marry their sponsor within the 90 days window. Afterwards, the foreign citizen can apply for an adjustment of status to become a legal permanent resident (LPR) with USCIS. One advantage of the K1 visa is that the process is relatively fast and typically speedier than a K3 or CR-1 visa (for married individuals). The fiance visa process is about 6 months and becoming a permanent resident thereafter takes about 10.5 months. Spouse visas on the other hand offer two possible options–IR-1 or CR-1 and K3 visas. You can bring your spouse to the U.S. by way of a Petition for Alien Relative, I-130 or nonimmigrant visa (K3). A “spouse” is defined as the legally wedded husband or wife, including same sex spouses of U.S. citizens and LPRs. In some cases, common-law spouses may qualify for the same benefits. The CR-1 spousal visa is valid for 6 months and permits the holder to come to the U.S. and reside permanently. With this visa, no adjustment of status is necessary. With Trump's most recent executive order(s) the only thing certain about immigration is that it is now very much uncertain in terms of how laws will be enforced and how TSA, Customs & Border Patrol and Dept of Homeland Security and ICE will act under their newly expanded authority. Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a do-it-yourself project! You should focus on retaining experienced immigration counsel, especially now that immigration is much more restrictive since Trump is now President. Good luck.
A:
You apply for a finance visa through the USCIS NVC and US Consulate in Thailand.
www.USCIS.gov/I-129F or consult with an experienced immigration attorney.
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