At Siam Legal we get many questions about the US Visa and the process. We have take the most common questions about US Visas in Thailand the process to give you the answers. Speak to one of our immigration attorneys in Thailand first before taking action with regards to your visa application or status.
The most common question we do get is what the ‘adjustment of status’ is all about. The adjustment of status is when your fiancee or spouse applies for a green card for the US. This allows her to stay in the US permanently. This process is however not needed for a CR1 visa being the reason why the visa takes longer.
The next question has been answered before but it is very important. You can apply for an adjustment of status if your fiancee or wife holds the proper visa. If you took your wife or fiancee to the US on a tourist visa then USCIS may view this as fraud and you and your wife/fiancee may have problems in this regard.
With regards to the ‘Green Card’ status. Your wife will not have issues with obtaining a green card as it is not limited when it comes to family such as a wife. There is an unlimited number of green cards available to the spouses of US citizens.
Your fiancee who arrived on a K1 Visa is not allowed to leave the US until such time that her status has been changed. If she leaves you would have to start the K1 visa process again as the US government would take the view that the process and application has been abandoned. a K3 Visa holder may however leave the US while the Adjustment of Status is still pending. The K3 Visa is a multiple entry visa.
K1 Visa applications on average in Thailand can take up to 6 months to obtain and yes your fiancee’s minor children may also apply for a K2 visa to join her in the US. They will have 6 months to follow her to the US. Rememebr that the K1 Visa is avaible to US citizens fiancee’s only. Permanent residents of the US do not have the options of a K1 Visa.
If you have any further questions about the US Visa process in Bangkok, then speak to our US immigration attorneys in Bangkok by calling our tollfree US telephone number or speak to us on live chat on our main website.
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