I am an American citizen. Can I file a fiance visa petition on behalf of my Thai partner?
In order to marry your fiance in the US you will need to file a petition with the United States Citizen and Immigration Services (USCIS) on behalf of your fiance. After the petition is approved, your fiance may apply for a K-1 fiance visa at the US Embassy in Bangkok.
What is a K-1 fiance visa?
K-1 fiance visas are intended for the fiances of American citizens with the condition that the American citizen and their fiance will be married within 90 days of the fiance's arrival in the US. If the marriage does not take place, the fiance is required to return to their home country.
What is the difference between a K-1 Fiance Visa and K-3 Marriage Visa?
Grounds for entering the US and becoming a permanent resident of both K-1 and K-3 visa recipients is based on marriage to a US citizen petitioner. For K-3 visa recipients this marriage occurs before applying for a visa and for K-1 fiance visa recipients this marriage is planned to occur in the US after the visa is issued.
As K-3 visa applicants marry the US citizen petitioner in a foreign country, thus satisfying the grounds for immigration, they are required to file an immigration petition with their application for a non-immigrant K-3 visa. K-1 fiance visa applicants must file an immigration petition after their marriage when adjusting status in the US.
This difference means K-3 visas generally take slightly longer to process than K-1 fiance visas because of the additional step of filing an immigration petition. However, once in the US, K-3 visa recipients are generally accorded permanent resident status faster than K-1 fiance visa recipients because their immigration petition was filed prior to their arrival in the US.
Can US citizens submit their petition to the USCIS at the Embassy in Bangkok?
Petitions submitted by US citizens, which establish the US citizen's eligibility to bring a fiance to the US, must be submitted to the Regional Service Center of the USCIS that has jurisdiction over the area of residence of the petitioner.
In order to submit a petition to the USCIS in Bangkok, a petitioner must be able to establish evidence of residence in the area of the USCIS jurisdiction.
How long does it take to obtain a K-1 Fiance Visa?
The processing of a petition for a K-1 fiance visa at USCIS Regional Service Centers in the United States may take from 4 to 7 months. Once the initial petition is approved a packet of materials is sent from the US Embassy to the Thai fiance. The processing of the visa application at the US Embassy in Bangkok can take from 3 to 8 weeks.
Is a K-3 Visa faster to obtain than K-1 fiance visa? Can I get my partner to the USA faster by marrying him/her?
Not necessarily, first of all a marriage is required to be registered and these documents must be translated in order to prepare a K-3 visa, thus involving a separate procedure. Secondly, sometimes the backlog of petitions for a K-3 visa may exceed the backlog of petitions for a K-1 fiance visa. To be certain, one should check with the regional DHS office for the petitioner's home address in the USA.
