K1 Visa Thailand : Adjustment of Status of Thai Fiancee

Thailand K1 Visa: Adjustment of Status of Thai Fiancee

A Thai national who marries a U.S. citizen does not automatically become a U.S. citizen.


If the Thai fiancee is present in the United States on a K1 fiancée visa, she must marry her US fiancé before the lapse of ninety days from admission in the country. Otherwise, she may be subject to deportation or removal. After the marriage, in order to extend her stay, her present status must be adjusted to permanent resident within the prescriptive period.


Adjustment of Status


Adjustment of status or the so called AOS is initiated by the submission to the United States Citizenship and Immigration Services a form, Application to Register Permanent Residence or Adjust Status. Several documents which consist of Biographic information, Affidavit of Support, Evidence of Status, vaccination supplement, copy of fiancé petition approval notice and marriage certificate ought to accompany the application form. An Interview with the USCIS officer may also be requested. The processing time varies according to the country of nationality.


Advance parole


While waiting for the result of the application, the petitioner cannot leave the United States. Otherwise, it will be deemed that her departure serves abandonment of the application. The application may be denied and she may no longer be permitted to go back to United States. The only remedy he has is to get an advance parole from the USCIS. Advance parole is the permission to re-enter the United States after travelling abroad in order to continue processing for adjustment status.


AOS Decision


If the petition is granted, the USCIS will send the decision in the last known mailing address of the petitioner. She will be given a conditional permanent residence for two years. If denied, a decision in writing will be received indicating the cause of denial.


When given a Conditional Residence


Within ninety days or less before the conditional residence expires, she needs to file a Petition to Remove Conditions on Residence to avoid deportation. Upon receipt of the petition, the two year conditional residence will be extended by one year. Eventually, if the immigration officials are convinced that the marriage was entered into in good faith, a permanent resident card will be approved for the applicant.


Siam Legal International is a full service international law firm with a US Visa Attorney Thailand providing K1 Visa support to US Citizens for their Thai fiancées. Our firm will assist you in obtaining a successful K1 Visa from Thailand. Reach Siam Legal at +(66) 2-253-8100, or info@siam-legal.com.