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U.S. K3 Visa Thailand

K3 Visa Thailand
To marry is to unite. To unite is to support each other. To support each other is to be there for one another. It would be easy to do all of that if both, husband and wife, are physically together. In the case of people marrying each other with different nationalities, not so. 

Newly wedded people or couples, with different nationalities, specifically between an American and a Thai, have some things to process before being able to physically be there for each other. Like what? Well, if the couple wanted to not have a long-distance relationship, they must get a specific type of visa that allows the spouse to stay in the U.S. 

There are different kinds of visas to choose from like IR1 visa, K3 visa, and CR1 visa. But the information that you will get here is about the K3 visa.

What is U.S. K3 Visa Thailand?

A K3 Visa is a non-immigrant marriage visa that allows your spouse or partner to be able to live in the U.S. It is a multi-entry visa. Its validity is up to 2 years, but it does not have to end after two years. One can choose between extending/renewing the visa or changing to a non-immigrant status also known as Lawful Permanent Resident (LPR) while the K3 visa is not expired.

Its main purpose is for them to unite physically so that there will be less absence of presence between the married couple or to avoid the long-distance kind of relationship. Apart from that purpose, it is to give the right to live their life as a married couple in peace because of its legality. 

One must note that to be able to file an application for a K3 visa, one must have a petition filed on the spouse’s/partner’s behalf by his/her U.S. citizen partner.

Eligibility Requirements to Apply for U.S. K3 Visa Thailand

In order for you to be successful in applying for the visa, know that both of you in the relationship have a responsibility or requirement or eligibility rules for the application to be approved.

For the American Partner

  • One must be a U.S. citizen and is legally married to your Thai partner
  • One must financially meet income requirements. One’s most recent tax return must demonstrate that the gross income exceeds the Federal Poverty Guidelines by at least 100%.
  • One must already have a pending “Petition of Alien Relative” (Form I-130) naming your Thai partner as a beneficiary with the U.S. Citizenship and Immigration Services (USCIS).
  • One’s marriage between the couple must be lawful. Meaning, it met all of the conditions for a valid marriage in Thailand or the country where you married, and make sure there was no barrier in your ability to marry at the time like unsettled past marriages.

For the Thai Partner

  • One must be legally married to your American partner.
  • One’s American partner must financially meet the income requirements. The recent tax return of your American partner must demonstrate that the gross income exceeds the Federal Poverty Guidelines by at least 100%.
  • One’s American partner must have already filed the “Petition of Alien Relative” (Form I-130) for you.
  • One’s plan is to remain in the United States pending the USCIS’s determination on your Form I-130.
  • One’s marriage between the couple must be lawful. Meaning, it met all of the conditions for a valid marriage in Thailand or the country where you married, and make sure there was no barrier in your ability to marry at the time like unsettled past marriages.

Required Documents & Process to Apply for U.S. K3 Visa 

Again, in order for the application of the visa to be successful, each person consisting the relationship has a responsibility in this process. In order to apply for the visa, you must follow 2 essential steps. Here is the process that needs to be taken and the documents needed for the application:

Step 1: The Filing of Petition by the American partner 
The process for obtaining the visa in Thailand begins with the filing of a Petition for Alien Fiancé (Form I-129F) with the USCIS by the American partner in the U.S. 

Along with the Form I-129F, here are the following documents that must be attached to it:

  • The passport or proof of citizenship of the American partner
  • The passport of the Thai partner
  • Marriage certificate of the couple
  • Proof of termination of previous marriages (if there is any)
  • Receipt notice of action for the Form I-130 (Petition for Alien Relative)
  • I-94 record (Proof of arrival/departure in the U.S, if there is any)
  • 1 passport-style photograph of the American partner
  • 1 passport-style photograph of the Thai partner

Within 30 days after sending the application, the applicant will get a notice of receipt. Upon the approval of the application, your petition will be forwarded to National Visa Center (NVC). The visa petition will then be processed by the NVC and forward to the U.S. Embassy in Bangkok.

Note: no filing fee is required for the filing of Form I-129F.

Step 2: The Filing of Application by the Thai partner
If the USCIS approves the petition (Form I-129F) sent by the American partner, the U.S. Embassy in Bangkok will notify the Thai partner. 

The following step is to complete the DS-160, which is an online non-immigrant visa application form for temporary travel to the United States and pay the embassy fee. After completing the, one must also pay for the embassy fee.

Once done paying, the Thai partner must submit Packet 3 and request for the visa interview. The interview is normally arranged for about 4 to 6 weeks after the notification sent by the U.S. Embassy.

After filling the DS-160 form, along with the confirmation page, here are other documents to bring with you to the interview (Packet 4):

  • Birth certificate
  • Your valid passport as a citizen of Thailand
  • Marriage certificate of the couple
  • Proof of relationship: This may include a copy of the pending Form I-130 (Petition for Alien Relative) or wedding photographs, etc.
  • Affidavit of support (Form I-864) filed by your American spouse
  • Police clearance obtained from countries you resided in for more than 6 months since the age of 16
  • Sealed medical exam certificate
  • Recent tax returns of your American partner
  • 2 passport-style photographs
  • Evidence of payment of the filing fee.

Now, you might feel confused as to how it actually works and you do not know where to start, there is just too much information. Yes, the process is confusing or difficult for you, but as a reminder, it is better to seek advice and guidance from experienced professionals (visit Siam Legal International). Rest assured that they will help you through the process, they will educate you and help you have a quick, smooth, and easy processing of the U.S. K3 Visa.

Legal Advisors
Siam Legal is an international law firm composed of experienced lawyers, attorneys, and solicitors both in Thailand law and international laws. The law firm offers comprehensive legal services in Thailand to both local and foreign clients for civil & criminal litigation cases, labor disputes, commercial cases, divorce, adoption, extradition, fraud, and drug-related cases. Other legal expertise of the law firm varied in cases involving corporate law such as company registration and Thailand BOI, family law, property law, and private investigation.

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