US Visa And Other Requirements For Your Asian Partner

US Visa And Other Requirements For Your Asian Partner

Planning to bring your Thai partner to the US for the coming holidays? Here are some known facts regarding the US immigration services for Thais wishing to travel to the US.

The United States is a sought-after travel destination for foreigners. Also, the fact that Thailand is not a visa waiver country, it is important for aspiring Thai travelers to be clear on how they intend to spend their stay in the US. There are several types of visas for traveling to the US.

The US Immigration authorities are keen to assume that everyone who plans to visit the US wants to immigrate, even when applying for a tourist visa. Even the current relationship status between a US citizen and his Thai fiancée would fall under scrutiny to remove the assumption of permanently moving to the US during vacations.

US Tourist Visa

There is no obvious hindrance for Thais when applying for a tourist visa in the US. However, it is not guaranteed. You must establish that the nature of the visit is simply for business, study, or travel leisure only without a chance for overstaying. The applicant must convince the officer that the reason for the visit to the US is valid. This can be done through well-prepared proof and pieces of evidence to be used as supporting documents before the actual US Tourist visa application.

The visit must be clear and include the proposed length of stay and the place to stay in the US. Ideally, a span of 3-4 weeks is a good period for the length of stay. This ensures that the applicant will indeed return to Thailand. Also, available personal assets and properties in Thailand and current employment spanning a certain period will attest to the sincerity of traveling to the US as a tourist. A travel history from other countries outside of Thailand for tourism without overstaying is a plus in applying for a US tourist visa.

US K1 Visa Thailand | Thailand Law

US K1 Fiancée/Fiancé Visa

A K1 Visa is a nonimmigrant visa for the foreign-citizen fiancée of US citizens that allows an American to bring his Thai fiancée to the US to get married and live together. The K1 access allows foreign-citizen fiancée to travel to the US to marry their US citizen sponsor within 90 days of arrival.

Furthermore, eligible children of K1 applicants may receive K2 visas after securing documentary requirements for an immigrant visa. The adjustment of status from K1 visa to permanent residency visa (LPR) applies with the Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS).

Requirements For US K1 Visa       

There are several requirements for a US K1 visa which includes the following:

  • The K- visa petitioner is a US citizen.
  • The Thai fiancée and US petitioner must have met face to face for the past two years.
  • Both the US petitioner and the Thai fiancée are free to marry, have no pending criminal case, and must have passed the medical examination for K1 visa processing.
  • The US petitioner must be able to meet the income eligibility requirement in the Affidavit of Support that reflects current income is 100% of the poverty line depending on the current state residing in
  • Since the validity of the K1 visa lasts for 90 days upon arrival in the US, both parties should be able to marry within the specified time frame.

Key Takeaway

The application for a US visa will depend on the nature of the visit. It may be for business, vacation, or study. Whichever it may be, the purpose and length of stay must be clearly defined during the initial application. This is to avoid suspicion of overstaying or illegally migrating to the US.

When it comes to Thai tourist visa applications as compared to US K1 visa applications, both the US citizen and his Thai partner need to determine their intention of going to the US, whether for vacation alone or marriage. The tourist visa is given to non-US immigrants after a tedious assessment of documents presented during visa application for tourism purposes. In contrast, the US K1 visa is issued to foreign nationals as part of the intention of US petitioners to marry non-US citizen fiancée, which has a validity that lasts only for 90 days upon arrival to the US.

Ellen Hollington

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