If you make less than required, you can make up the income difference by demonstrating assets such as real estate, stocks, bonds, and savings accounts that are at least 5 times the difference between the income required and your annual income. If you have no annual income, you can satisfy the income requirement by showing you have assets worth five times the required annual income.
The U. You must submit enough proof of your relationship to convince the Embassy that your marriage is legitimate. Telephone records, home videos, photos, emails, and instant messages can all be submitted as proof of your ongoing relationship. After the required documents are submitted, the embassy will schedule a visa interview at the embassy with your spouse.
Before the interview your spouse will be required to submit to a medical examination, which can be conducted at designated locations in Bangkok and Chiang Mai.
Your spouse may also be required to undergo additional vaccinations. The final step in the K3 visa application process is an interview with a visa officer at the U. This can take several hours. If you have a criminal record they will reveal this to your Thai spouse during the interview. Once the K3 visa has been issued, your spouse is free to travel to and from the United States for two years.
Once in the United States, your spouse can apply for a green card and become a permanent U. Your spouse can renew the K3 visa in 2 year increments while the green card application is pending. Tags: ir1 visa , k2 visa , k3 visa , k4 visa , lawyer , thailand , us visa. Siam Legal is a full service law firm but it has an extensive range of immigration, corporate, and real estate experience accessible to clients both domestically and internationally.
For more information on marriage-based green cards, click here. Marriage Green Cards. Other Green Cards. Immigration Forms and Fees. The K-1 Visa, Explained. Immigration Forms. Looks like you were working on a application just now. Applicants typically only require one service at a time. Because your friend referred you, your application with Boundless is discounted.
Need help finding the right family visa for you? Start by browsing our services. Check out services. Find the right visa for you. Once all of this is completed to the satisfaction of the NVC, the mountain of paperwork is shipped off to the appropriate U.
So while that whole process is taking place, the couple still cannot pursue a K-3 visa. Even though the whole purpose of the K-3 is for couples who are waiting for a marriage visa! But actually, most service centers are taking just as long to process IFs as they do to process Is — at least when filed by a couple that is already married. Usually, that comes within a couple weeks of when your Form I gets filed.
That means that the Form I petition is going to have a decent head start before you can get your IF filed. Even so, if your Form IF was transferred to the Texas Service Center — under current processing timelines — it would get adjudicated before your I got transferred to the NVC, which would thwart your K-3 application. But in this case, that may not be a bad thing. The couple could deliberately include a defect in their I petition to manufacture this result, such as by failing to include a copy of the marriage certificate.
This is at least one potential strategy to get the K-3 visa approved. But the question then becomes, is this worth it? Sure, dealing with the NVC for a marriage-based visa is a hassle. But the couple is still going to need to file documents at the NVC for their K-3 application. In most cases, it probably makes more sense to just bit the bullet, get the I through the NVC, and complete the marriage-based visa process.
K-1s can rely on their own income and assets, as well as a Form I, Affidavit of Support, by the U. In contrast, the sponsor for an immigrant visa, must a slightly stricter test.
For more information, see the Affidavit of Support Help Center. For more information about the domicile requirement, see the Affidavit of Support Help Center.
In contrast, the K-1 and K-3 do not have this domicile requirement, so they can be filed even if the foreign spouse plans to move to the U. Legal Fees: The immigrant visa typically has slightly lower legal fees because it involves filing one petition and one visa application.
The legal fees for a K-3 are slightly higher because a second petition must be filed. And the legal fees for the K-1 are slightly higher than that because after admission to the U. Wedding Planning: For K-1 visa applicants, wedding planning in the U. No waiver will be given to a petitioner with a history of violent offenses except for narrow exceptions. These limitations do not apply to Is or K-3 petitions. An immigration attorney may be able to assist you in choosing the right visa strategy.
Family-based immigration is a lengthy, sometimes complex, and constantly changing process. I would encourage every couple to at least consult with a qualified and experienced immigration lawyer to find out if there are any hidden pitfalls.
Love and marriage are too important to leave the immigration process to chance. I came to the US with a B2 visa and got married to my permanent resident boyfriend. He filed a Form I for me, which was approved. I applied for adjustment of status after my authorised stay expired and was denied adjustment.
What are our options? I am still in the US. Harry: I need more info to begin to understand your situation. Why was your adjustment application denied? Has your husband applied for naturalization? Has the Department of Homeland Security issued a Notice to Appear requiring you to attend a removal deportation hearing?
This information is fantastic, thank you. A question about the Affidavit of Support: I am a naturalized US Citizen living abroad and doing freelance translation work. I have been living aboard since we got married but have continued to file US taxes national not state and have a permanent address in the US, US bank accounts, student loan, etc.
Would it be possible for my US citizen parents or sister to cosign the Affidavit of Support or do I as the petitioner have to prove I can support my husband alone? My Fiance and I are trying to decide which route to go. My fiancee is from the Dominican Republic and our original plan was to get married there and file the I Visa while I am there.
This will be our second attempt. A couple of years a go I stared the process of a K-1 visa but he did not receive notification and he missed his interview. I lost hope and gave up. This is such an overwhelming process. What is your advice? Hi Hanna: I know what you mean when you say that the process can be overwhelming. Why not schedule with our law firm or with another member of the American Immigration Lawyers Association?
I intend to help my fiancee, who is from Thailand, apply for a K1 visa. How can I prove we have met in person during the 2 years prior to the application? Thank you. See here. After that, we married. Can we go ahead and file for a k3 visa? Right now, K-3 visa issuance is extremely rare, as mentioned above. So odds are that you should have your wife file a Form I on your behalf and then you can apply for a CR-1 or IR-1 immigrant visa. Of course, the specific strategy will depend on the specific facts of your case, including but not limited to what was the factual basis for the denial of the K-1 visa application.
Formulating the best strategy is the kind of thing our firm or another qualified immigration lawyer can help with. Interesting read and comments. My girlfriend is from Colombia and I am a U.
We have decided to marry. Reading this, I am thinking the best approach is to get married next time we are in Vegas, then she returns to Colombia and I initiate the CR1 process. Sound like a plan? She still needs freedom of travel to check up on her sons in college from time to time. Jim: For more on entering the U. Therefore, there would be a 4 month period for us to plan the wedding.
The initial plan was to visit my boyfriend for a month and return back to Asia after that. However we soon found at that we are pregnant and expecting a baby due early next year. I have now been here for 4 months I have another 2 months to go before I need to exit the US. We have decided to get married but unsure about which route to go — do we get married and go ahead with the AOS process? Or do we get married and I leave the country and go the CR1 way?
Thanks for your input. The scope of this particular article, as mentioned above, is limited to visa options for foreign nationals outside the U. Hi, i just want to ask: what if my husband cannot meet the requirements for his income, and we cannot find someone to be the joint sponsor?
Does it mean there is no other way for us to be together? MM: There are various ways to fulfill the minimum income requirement for the affidavit of support. For details, see the Affidavit of Support Help Center. We applied for AOS and the Advanced Parole however I had to travel to the UK as a personal emergency occurred which would have meant severe financial loss and embarrassment to my whole family.
However I hear doing this will mean abandoning my aos application and I would have to apply in the US consular in the UK for a new visa. I am so confused on what to do. We already went through the time apart on the K1 visa and we intend to leave in the US which is where he lives! I recommend that you retain a qualified immigration lawyer to provide timely and accurate advice.
This will not work in all countries. In the Netherlands we have a law stating a wedding celebration cannot be blessed or take place BEFORE the marriage by law, as state and church are separated. In other words, you can celebrate it on your own but cannot involve any institution or organization. We will apply for a K1.
We then will marry in US and when adjusted or free to travel we will celebrate and get a blessing in my native country the Netherlands. Hey Gary, Thank you so much for writing this article, it was the most helpful thing ever.
Me and my boyfriend have been in a long distance relationship for more than a year. We want to get married next year. Is it better for us to apply for a K-1 visa or for me to enter with the B-2 and apply for adjustment of status? Cecilia: Beware that entering the U.
At that time, the consular officer told me they will be sending the petition back to USCIS with a recommendation that it be revoked on the basis that we have already married. We have already had a traditional marriage. Someone at the Embassy told me that my wife needs to wait until after our second anniversary to file a Form I, Petition for Alien Relative, on my behalf.
Is that true? Going through Divorce to be Finalized in Jan Will be getting remarried to Chinese National, she has a tourist visa. Should we apply for Finance Visa once divorce is final or would it be easier if we were married after divorce is final and then applied for a spousal visa. Can she still travel on her Tourist visa to the U. Chet: As you can see from the above article, the decision about which process to choose is very fact specific.
Consider scheduling a consultation with our law firm or another qualified immigration lawyer. Hi, I filed a K-1 visa which was approved, but when my fiance went for the interview, he was denied a visa, and my petition was sent back to uscis for revocation.
What are my next options. I am going to his country next week. Shaterra: To answer your question, more information is needed about why the petition was sent back to USCIS for revocation. Now would be a good time to consult with our law firm or another qualified immigration attorney.
I am currently staying in France but I would like to visit before the K-1 Visa is issued.
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