K1 Visa or Tourist Visa?

Getting your fiancee from Thailand to the USA usually takes a K1 Visa. Some people however opt for the Tourist visa and this creates problems. Did you know that the rejection rate at the US Embassy in Thailand is a whopping 90%.

That’s right – Get a K1 Visa. See the video about the K1 Visa verses the Tourist visa in Thailand.

K1 Visa VDO

Tourist visa in place of a K-1 Visa

Visa – is permission to apply to enter the United States. Foreign citizens must apply for a visa at an American embassy or Consulate abroad, when desiring to travel to the United States. A consular officer decides whether you are qualified for a visa.

In adjudicating visa applications, the Consul at the U.S. Embassy or Consulate is guided by U.S. laws and regulations and not laws of your Fiancee home country. The issuance of non-immigrant visas is governed by the U.S. Immigration and Nationality Act (INA).

U.S. immigration law places the burden of proof on the visa applicant to show that he or she is not planning to immigrate to the United States by using a tourist visa. In other words, each non-immigrant visa applicant must prove to the Consul’s satisfaction that s/he will NOT travel to the U.S. in order to reside there permanently. Each applicant must demonstrate that s/he is traveling to the U.S. for ONLY a temporary stay and has strong ties to home country that will compel him/her to return home.

Documents that provide evidence of the applicant’s social, economic, and/or family ties to Russia, as well as correspondence from relatives or business associates you plan to visit, may facilitate the consular officer’s decision.

Some examples of documents that may be helpful include:

• Evidence of employment. A letter from your employer can be useful.
• Evidence of income (and in some cases evidence of your spouse’s income), such as earnings statements.
• Evidence of immediate family (spouse, children) in Russia.
• Evidence of ownership of property.
• Evidence of ongoing studies if applicant is still a student.
• Evidence of ongoing projects for those in entertainment fields.
• Your old passport bearing earlier visas and entry stamps indicating the date on which you returned to Russia (for those who have traveled to the U.S. previously).

As from my own experience, I did not have any problems in obtaining a private non-immigrant visa (B-2) when I wanted to check out how my future life would look like before I move to the U.S. permanently. And there are several reasons for that.

First, it was 1996 when I applied for B-2 visa. Of course, you say, it is a long time ago, when there were different laws, less restrictions and it was away before September 11 catastrophe.

Secondly, at that time I was a third-year student in law school in Moscow, Russia. I was involved in many international projects especially with U.S. attorneys who visited Russia quite often.

Thirdly, I was one of the lucky one! A lot of people were very surprised when they found out that I obtained my B-2 visa without any problems.

Now days, it is almost impossible for a young unmarried lady to obtain this kind of visa.

See the video here: http://www.siam-legal.com/US_Visa/k1-visa-thailand.php

Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa.If you want to leave and re-enter the United States, you should apply with Form I-131Application for Travel Document to the USCIS office that serves the area where you live for advance paroleto return to the United States.

See Emergency Travel for information on how to get a travel document that allows you to return to the United States.

See the video here: http://www.siam-legal.com/US_Visa/k1-visa-thailand.php

Vaccination Requirements

United States immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are required to verify that immigrant visa applicants have met the vaccination requirements. See IV Vaccination Requirements for the list of required vaccinations and additional information.

As a fiancé(e), you are not required to fulfill this requirement at the time of your medical examination for a fiancé(e) visa. However, you may want to do so. These vaccinations are required when you adjust statusfollowing your marriage.

See the video here: http://www.siam-legal.com/US_Visa/k1-visa-thailand.php

How Does a Fiancé(e) Visa Work?

If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States.

Filing the Petition

You must file the Petition for Alien Fiancé(e), Form I-129F, with the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security’s USCIS Field Offices for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad

After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e).