US K3 Marriage Visa Thailand

U.S. Citizens who travel to Thailand usually finds their better half too, it is common in Thailand for Thai women to marry U.S. Citizens, in that case marriage occurs and of course going to the United States of America for marriage is a must for some of the couples. US K3 Marriage Visa Thailand is a wonderful type of visa which allows the couple to live in the U.S. together.

us k3 marriage visa thailand

Table of Contents:

1. What is K3 US Spouse Visa? 2. PROCESS OF K3 US Spouse Visa for Thai. 3. REQUIRED DOCUMENTS FOR K3 US Spouse Visa (U.S. Citizen). 4. ELIGIBILITY OF THE K3 US Spouse Visa. 5. DURATION OF STAY IN THE U.S. WITH THE K3 US Spouse Visa. 6. EXTENSION OF STAY USING YOUR K3 US Spouse Visa. 7. Siam Attorney is here to assist your Application.

1. What is US K3 Marriage Visa Thailand?

The K3 Visa is a visa for U.S. Citizens who married Thai citizens, this visa will allow the U.S. Citizen to take his Thai wife back to the United States with him. Once the K3 visa has been approved the Thai wife must apply for Adjustment of Status and after that, proceed to the permanent residency or green card application.

The purpose of this visa is not just for the U.S. Citizens to bring back their spouses but to also make sure that they will live together in harmony in the United States and to avoid illegal immigration. The process can be a bit complicated but with the right advice and guidance from professionals, the process will be quick and easy.

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have an immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S.

CR-1 US Visa is another option for those who want to file for Petition for their spouses, it differs from the waiting time of approval as well as benefits. (Please see the link for reference) (LINK TO CR-1 VISA)

CR-1 and K3 US Spouse Visa differs on the following aspect:

  • Processing time (CR-1 takes more time to process)
  • Privilege (CR-1 immediately gives permanent residency for the Thai Spouse)
  • Applying for work (K3 visa holders cannot be legally employed not unless provided with work authorization. The CR-1 visa holder will be granted the privilege to apply for work in the U.S.)

2. PROCESS OF US K3 Marriage Visa Thailand

Here are the following steps for K3 US Spouse Visa application in reference to U.S. Citizenship and Immigration Services,

1.The First Step: Filing the Petitions

  • You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition.
  • You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren.
  • After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

2.The Second Step: Applying for a Visa

  • When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa end. If the NVC receives both an approved I-130 petition and an approved I-129F petition:
  • The nonimmigrant K-3 visa case will be administratively closed.
  • The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
  • The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse

If USCIS Approves Form I-130 First or at the Same Time as the Form I-129F

If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. This occurs in the vast majority of cases. When your spouse’s approved Form I-130 reaches the Department of State, an immigrant visa is immediately available to him or her. Your spouse and his or her children then must apply for immigrant visas and seek admission to the United States as lawful permanent residents.

Basically, this means that you can proceed to the CR-1 visa already which has a more wonderful benefit as it is already subjected for permanent residency.

If USCIS Approves Form I-129F First

If your Form I-129F petition is approved before your Form I-130, USCIS will send your petition to the Department of State. To receive a K-3 or K-4 visa, your spouse must submit a nonimmigrant visa application with the Department of State.

NOTE: To obtain a K-4 visa for your spouse’s children, you do not need to file a separate Form I-129F or Form I-130. You must list your spouse’s children on the Form I-129F you filed for your spouse. However, in applying for the Green Card, you must file a separate Form I-130 for your spouse’s children before they may apply for a Green Card. In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married.

3. REQUIRED DOCUMENTS FOR US K3 Marriage Visa Thailand

The Thai applicant will go through two steps to get the visa, the first step will require relevant documents for the application and the second step requires more specific documents for the application. Provided below are the list of all the documents needed.

Here are the documents required for the First Step or the Initial Visa application:

  • Passport(s) valid for six months beyond the intended date of entry into the United States, unless longer validity is specifically requested by the U.S. Embassy/Consulate in your country.
  • Form I-129. (Please click the link for reference)
  • Civil Documents for the applicant. See Documents the Applicant Must Submit for more specific information about documentation requirements, including information on which documents may need to be translated.
  • Ten (10) 2×2 photographs. (for the Thai applicant)

Here are the documents required for the Second Step:

  • Passport(s) valid for six months beyond the intended date of entry into the United States, unless longer validity is specifically requested by the U.S. Embassy/Consulate in your country.
  • Form DS-260, Immigrant Visa and Alien Registration Application.
  • Another set of Ten (10) 2×2 photographs.
  • Civil Documents for the applicant. See Documents the Applicant Must Submit for more specific information about documentation requirements, including information on which documents may need to be translated.
  • Completed Medical Examination Forms.
  • Completed Form DS-160
  • Evidence of financial support (Form I-134, Affidavit of Support may be requested)
  • Ten (10) 2×2 photographs (Thai citizen)
  • Evidence of relationship with your U.S. citizen spouse
  • Payment of fees

4. ELIGIBILITY OF THE K3 US Spouse Visa.

If you are a U.S. citizen, your foreign spouse may be eligible for a K-3 visa if he or she:

  • Is married to you;
  • Is the beneficiary of a Form I-130, Petition for Alien Relative that you filed for him or her; and
  • Seeks to enter the United States to await USCIS’ decision on the Form I-130.

A child of your foreign spouse may be eligible for a K-4 visa if he or she is:

  • Under 21 years of age;
  • Unmarried; and
  • The child of the K-3 visa applicant you filed for.

5. DURATION OF STAY IN THE U.S. WITH THE K3 US Spouse Visa.

If you are granted a K-3 visa, the Department of Homeland Security (DHS) will admit you for a 2-year period. You generally cannot change your status in the U.S. to another nonimmigrant visa category.

6. ADJUSTMENT OF STATUS FOR K3 US Spouse Visa.

If you have a K-3 US Visa, you may submit a Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS in the 120 days before your authorized stay expires. To be eligible for an extension of stay, you must show either:

  • a Form I-130, a Form I-485, or an immigrant visa application is still pending; or
  • Good cause why you did not file a Form I-485 or immigrant visa application
  • USCIS grants extensions of stay for K-3 holders in 2-year increments.

7. Siam Attorney is here to assist you with your Visa Application.

The process is very complicated and tiring that’s why it is best to seek visa assistance from trusted agencies. Siam Attorney’s Visa Assistance is known for being resourceful and professional in terms of assisting clients with their visa application. Siam Attorney will assist you with the following:

  • Assessment in detail of applicant before starting the service.
  • We do understand that some of our Thai clients are not that familiar with the English language. So, we will handle all application processes including translation, filling of application, preparing the document of relationship and interview practice.
  • Dealing with all the government office and Embassy in Thailand to represent our client.
  • Guaranteed positive output for the Visa Application

We know how important this type of visa for our client is, that’s why we have a dedicated visa and immigration experts working hard to give the best result for U.S. Visa application. Our team assists our clients in every step of the Visa Application, we know how time consuming and complicated the process of U.S. Visas are that’s why we made sure that we have the best team available to assist our clients.

Siam Attorney will do the process for your U.S. Visa Application, for inquiries and more details about how we can help you, please do not hesitate to email us at support@siam-attorney.com or call us on the number(s) provided below.