K1 Visa Issues and Requirements

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K1 Visa Issues and Requirements Powered By Docstoc
					The K1 visa is a highly sought United States travel document. This article briefly
summarizes the process and requirements involved in obtaining a K1 visa from the
Kingdom of Thailand.

In recent years, the Consular staff at the United States Embassy in Bangkok has been
issuing more and more B2 Tourist visa denials based upon section 214(b) of the
United States Immigration and Nationality Act. This is likely due to the fact that
increasing numbers of applicants seek this visa when in reality a K1 visa would be
more appropriate because the applicant has a fiancé who is a United States
Citizen. Also, in recent months there has been a noticeable increase of expedited
removals from the United States. Customs and Border Patrol Officers conduct
expedited removal proceedings when a Thai national entering the US on a tourist visa
appears to be an intending immigrant rather than a true tourist. Many couples believe
that obtaining the visa is the only obstacle that must be overcome. In fact, expedited
removal could await the Thai fiancee who attempts to enter the US on a tourist visa
with the undisclosed intention to remain indefinitely. One who is placed in expedited
removal proceedings is not entitled to request readmission to the United States for at
least 5 years. Therefore, a K1 visa should be utilized when Thai fiancees travel to the
US as this dramatically reduces the likelihood of expedited removal.

We know the benefits of the K1 visa, but what are the requirements? K1 visa
applicants and petitioners should have met at least once in person. They should have a
bona fide intention to marry. For optimal processing neither party should have a
criminal record, but if either party has criminal convictions, then an Immigration
attorney may be able to assist in procuring a K1 visa notwithstanding this impediment.
K1 visa applicants and petitioners should be legally free to marry and able to prove
the same.

Officers at the US Consulate will adjudicate a fiancee's K1 visa application. If the
Consular Officer finds that some documentation is lacking, they may request that
further evidence be provided. This is called a 221g refusal in reference to the
corresponding section in the Immigration and Nationality Act. 221g refusals are
technically considered visa denials, but if the requested documentation is provided,
then one can be assured that the application will be adjudicated. For those who have
received a 221g refusal, an American Immigration attorney may be able to provide
assistance in submitting the follow up evidence.

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