The TFB Webpage 
Return to TFB WebpageThe TFB Webpage Return to TFB Webpage
K1 in a Nutshell
Over the years, we’ve had a number of people on the Thai-Falang Board (TFB) ask, “I’m new to this whole immigration thing…where do I start?” So this article is intended for the newbie with little or no immigration knowledge who wants to get a fiancee visa. It is very basic and general information, just to get you started in the right direction. We also have "in a nutshell" articles for spousal visas and for post-K1 procedures. [Note: this is provided for informational purposes only—it is not intended as legal advice. Consult with an immigration lawyer for your specific situation as needed. This article is for the US citizen living in the US (not Thailand).]
The K1 application process is essentially a two-phase process. First, you will be dealing with the US Citizenship & Immigration Services or USCIS (Dept. of Homeland Security); and then the US Embassy's Consular's Office in Bangkok (Dept. of State).
Phase 1—The Petition. So you want to bring your Thai fiancee to the US... you will need to get her a fiancée visa, commonly known as the “K1” which is valid for 90 days upon entry into the US. If you don't marry her within that 90 day period, she will have to leave the US because the K1 is a non-immigrant visa; and the 90 days cannot be extended. Before you apply for the fiancée visa, there is a requirement that you have met your fiancee in person within the last two years before you apply (or show extreme hardship if you did not meet). To apply, you will need to file a petition I-129F with the USCIS. You can download this form from the USCIS website at: Form I-129f (the latest version is 5/23/06). You will also need to submit two form G-325A (biographical data), one for you and one for your fiancée (also available from the USCIS site).
Complete the I-129F and the two G-325A (closely follow the instructions come with the form). For the question that asks to "describe the circumstances under which you met" (no. 18 ), please note that a visa will usually not be granted to anyone admittedly involved in the sex industry. The documents you’ll need with your petition are: proof of citizenship, two color photos (one for each of you, per specified dimensions), a statement of intent to marry (one from each of you), divorce decrees of prior marriages (if applicable), and documentation evidencing your relationship and meeting (this can be your passport pages, airline tickets, hotel receipts, photos, letters, phone bills,etc.). Keep at least 2 complete copies (intact) of your packet for your files and then send everything in to the appropriate USCIS service center for your state with the applicable filing fee. [Give a copy of the packet to your fiancee.] Also, if your fiancee has children, they can also come via a K2 visa (see last section below). *New* IMBRA...stands for International Marriage Broker Regulation Act. If you are filing on or after 3/6/06, and met your fiancee through an online dating service, introduction service or the like, this may apply to you. If applicable, see instruction no. 9 (on I-129F) and answer question no. 19.
Phase 2--The Interview. After USCIS approves your I-129F petition, you will receive a Notice of Approval (I-797), and your case will be forwarded to the National Visa Center (NVC) in Portsmouth, NH (part of the State Dept.), who will then forward it on to the Consular's Office (US Embassy at 95 Wireless Rd.). The Embassy will send your fiancée what is known as the “packet 3”. Your fiancée can actually get a packet 3 (by going down to the Embassy) even before your petition is approved to get a jump start on getting the documents. You can even download the documents from the Embassy website at: Packet 3 The instructions are in Thai and English.
To schedule the interview, submit (delivery or by mail) this checklist and Part 1 of form DS230, directly to the Embassy (make sure your fiancee has all the documents on the checklist), and the Embassy will let you know when the interview will be. The documents (see checklist) are submitted at the time of interview, and they include: interview appointment letter, passport, original birth certificate, form DS-156 (2 exact copies), DS-156K, DS-157, DS-156 BNK supplement, a notorized Affidavit of Support form I-134 w/ supporting documents (note: this affidavit comes from you; supporting documents can be your pay stubs, employer letter, tax returns, W-2s, bank statements), medical examination results from an Embassy-approved panel physcian (usually at Bamrungrad Hospital), vaccination records, police certificate, 2 frontal view passport photos (per specified dimensions), and fee receipt (the applicable fee must be paid at one of the Embassy's designated Bangkok post offices). Your fiancee should also bring her Thai ID, Thai House Registry and a copy of the documents evidencing the relationship (ie, her copy of the I-129F packet you sent). Your fiancee has 4 months from the date your I-129F was approved to obtain her K1 visa.
You are not required to attend the interview, but you are not precluded from attending if you so choose. In fact, generally you are permitted to stand next to her during the interview and you may even be asked some questions. It should be noted that approval of the I-129F petition (by USCIS) does not guarantee issuance of the visa by the Embassy. However, in most cases, if the paperwork is in order, the visa is granted and usually issued on the day of the interview, or the following business day(s). The medical packet will be returned to your fiancée and the seal should not be broken as it will be inspected upon arrival at the Point of Entry (POE) in the US. Once the Embassy issues the visa, your fiancee has up to 6 months to enter the US (only one entry allowed)--a K2 child has up to one year to enter the US.
Post marriage Overview. For information on immigration procedures after marriage, see the "Post-K1 in a Nutshell". Briefly, after marriage your wife will have to file for an “adjustment of status” (AOS), to change her “non-immigrant” status (remember the K1/K2 visa is a non-immigrant visa) to a "lawful permanent resident" (LPR) or “green card” holder. Until she becomes an LPR, your wife will need to obtain an Advance Parole if she wishes to travel outside of the US; and she will need to obtain an Employment Authorization Document if she desires to work prior to receiving LPR status. In most cases, when AOS is granted, your wife will receive “conditional” permanent residency status (note: if the marriage is over 2 years old at the time of adjustment, LPR status is awarded without conditions, and that can occur in states where it takes a long time to get an AOS interview) . These "conditions" must be removed (or "lifted") two years following the date of issuance of her conditional status. Once the conditions are removed, she is an LPR and can live permanently in the US. An LPR can naturalize to become a US citizen althought that is not required to live and work permanently in the US. Naturalization via marriage can be done after 3 years of residence in the US (normally, there is a 5 yr residency requirement).
A couple of other pointers... Don't forget to apply for a marriage "licence" with your state or county before your wedding (this document is different from the "certificate" given after the marriage). Your fiancee can apply for a social security no. during the K1 period (see the Post-K1 Nutshell). Go to the USCIS and Embassy websites (USCIS and Embassy) for "official" information--start by reading the FAQ sections of those websites. Also, look at the threads in the TFB immigration folders, or post your question on TFB. There are many other immigration websites on the internet (one that I recommend is visajourney). If you do your homework, you won't need to retain an attorney (or those "visa services" in Bangkok, some of which are scams) to file a K1 visa. However, you should consult with an immigration attorney if there is some complexity to your case.
A little bit about the "K-2" visa which is for the children (unmarried and under 21) of a fiance (K-1)-- all that is required is for you (the US citizen) to list the child on your I-129F (no need to file another form). The K2 child will be interviewed at the same time as the K1 and can enter the US at the same time with the K1 fiancee, or can enter within one year from the date the K1 visa was issued.
A frequently asked question is "how long does it take to get a K1?" It really varies, but generally about 6 - 9 months (it could be less or more)-- the best thing to do is to check the "processing dates" section of the USCIS website to get an idea of processing times for the various USCIS Service Centers (see also the "US Immigration/Timelines" folder on TFB). Again, after you get married, don't forget to file for her AOS before the 90 days on her K1 visa expires or she will be considered "out of status" (see the Post-K1 Nutshell for details). We did not cover here, visas for spouses, which you can read about in "I-130 in a Nutshell" in the TFB Visa Page. Chok dii,
By Hono 9/1/05...(contributed by Chivasgeorge)