US K1 Fiancee Visa: When Can My Thai Fiancee Travel To The USA?
This piece is intended to provide accurate information regarding the issues involved with K1 visa issuance. All over the World Wide Web there are many authors, armchair attorneys, and outright frauds who claim expertise in the area of United States Immigration law. Hopefully, this arti 00004000 cle will eliminate some confusion and provide clarity.
The process of acquiring a K1 visa is somewhat time consuming and can cause frustration for the the American Petitioner and Thai Beneficiary. In many cases, a couple will wait five or six months before being granted preliminary approval from the United States Citizenship and Immigration Service. Upon approval, the application must be sent to the National Visa Center and then finally, in the case of Thai fiancee visa applications, to the file will be sent to the United States Embassy in Bangkok. For many, this process can be aggravating. In many cases, the wait ultimately results in the issuance of a valid K1 fiancee visa.
Once the visa is issued, some American Citizen fiances become concerned about the information and dates noted on the visa itself. Of great concern is the notation on the visa which states: "K-1 Petition Expires on MM DD, YYYY.Some United States Citizens are under the mistaken impression that this implies the expiration of the visa. In reality, the visa is good for traveling to the United States until the expiration date noted on the visa. As a general rule, K1 fiance visas are distributed with a validity of six months. Although, they could be issued with more or less validity as it is technically at the discretion of the Consular Officer adjudicating the case at the United States Embassy in Bangkok.
The visa's actual date of expiration can be the catalyst for perplexity also. The K1 visa is valid for six months after issuance. That being said, upon arriving in the United States and being admitted at the port of entry the K1 visa holder is only entitled to 90 days presence in the United States (it should be noted that if the visa holder does, in fact, marry the American and apply for adjustment of status, then she would be entitled to remain indefinitely provided the adjustment of status is approved and any conditions are lifted). Many people, after receiving the K1 visa, are confused by these differing dates. The important thing to bear in mind about the K1 visa is that it can be utilized within 6 months of its issuance and it provides 90 days of lawful status to the bearer upon entry. If the couple does not marry within 90 days, then the Thai fiancee will need to depart the USA before the visa's expiration.
