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US Visa from Thailand

Visa to US from Thailand

Before you can travel to US, you have to qualify for a visa by being eligible under all applicable US laws for the visa category for which you are applying. Consular officer at the U.S embassy or consulate will determine if you are qualified.

The following are overview of the different types of US visa:

IR1 or CR1

IR1 or CR1 is an Immigrant visa for a Spouse of a US citizen. To apply for this visa, you will need Immigrant Petition for Alien Relative (Form I-130).

IR1 (IR stands for “Immediate Relative”) Visas entitle their holder to receive Permanent Residency within the United States for a period of 10 years (may be renewed).

CR1 (CR stands for “Conditional Residency”) Visas entitle their holder to receive “Conditional” Permanent Residency within the United States for a period of 2 years.

The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued. If an applicant has been married to their US Citizen spouse for a period of two years or greater they will be issued an IR1 Visa. If they have been married less than two years they will be issued a CR1 Visa. A CR1 Visa will result in the applicant obtaining “conditional” permanent residency within the US and after a period of two years the applicant can apply to “Remove Conditions” 90 days before the conditional permanent resident card expires and they will be issued a regular 10 year green card.

Eligibility:

  • You must be legally married. Living together does not qualify as a marriage for immigration purposes. Unmarried partners are ineligible to sponsor visas to the United States.
  • You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.

K1 Visa

K1 Visa is a non-immigrant visa for fiancee to travel to the US for marriage. The K-1 fiancee visa allows the fiance or fiancée of a U.S. citizen to enter into the U.S. and get married to the U.S. citizen.

As a fiance or fiancee of a U.S. citizen you are eligible if you are:

  • Legally eligible to marry under the law of both the nations
  • Planning to getting married within 90 days of your entering the U.S.
  • Entering the U.S. solely for the purpose of marriage

To apply for a K-visa, a petition must be submitted by your U.S. citizen fiancé or fiance to the USCIS along with a:

  • Letter from the U.S. citizen stating your intention to marry each other
  • Proof that the U.S. citizen and you have met in person within two years of filing the petition (this may be waived for reasons like cultural issues or extreme hardship to the U.S. citizen)
  • Proof that you both are legally able to marry (age for getting married, no divorce pending cases etc)
  • Proof of U.S. citizenship of petitioner
  • Birth Certificate of fiancee
  • Divorce decree or Death Certificate of any previous spouse

Once the USCIS approves the petition, it sends the petition to the U.S. Consulate abroad, which will issue the K1 visa. The consulate determines whether the foreign fiance would be eligible to receive an immigrant visa, before approving the K1 visa.

K2 Visa

K2 non-immigrant visa allows the child or children of a K1 fiancee visa holder to enter into the U.S. and await the availability of an immigrant visa.

To qualify for K2 visa, you must be:

  • Less than 21 years old
  • The unmarried child of a K-1 applicant
  • Seeking to immigrate to the U.S.

Benefits of K2 Visa includes:

  • Reside in the U.S. with your family while waiting for the marriage of your K-1 parent
  • Apply for Employment Authorization, using USCIS Form I-765, Application for Employment Authorization
  • Study in the U.S.
  • Apply for permanent residence once your parent and his or her U.S. Citizen fiancee marry.

K3 visa

K3 visa is a non-immigrant visa for Spouse who married a US citizen. The K-3 spouse visa allows the spouses of U.S. citizens to enter into the U.S. and await the availability of an immigrant visa.

To qualify for K-3 visa, you must be:

  • The foreign national spouse of a U.S. citizen
  • Residing outside the U.S.
  • Seeking to enter the U.S. to await the availability of an immigrant visa
  • Your U.S. citizen spouse must have filed a petition for alien relative, which must be pending

On K-3 visa, you may:

  • Reside in the U.S. with your family while waiting for the approval of your immigrant visa petition
  • Apply for a work permit
  • Travel outside of the U.S. on short trips and re-enter
  • Study in the U.S.

K4 visa

K4 visa is a derivative of a K3 visa. This is a non-immigrant visa which allows the children of a K3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa.

To qualify for K-4 visa, you must be:

  • Less than 21 years old
  • The unmarried child of a K-3 applicant
  • Seeking to immigrate to the U.S.

On K-4 visa, you may:

  • Reside in the U.S. with your family while waiting for the approval of your immigrant visa petition
  • Apply for a work permit using Form I-765, Application for Employment Authorization
  • Travel outside of the U.S. on short trips and return
  • Study in the U.S.