US Fiancé (K-1 Visa)

What is a K-1 visa from Thailand?

A K-1 Visa is a US Visa that allows you as an American to take your Thai fiancé to the United States with the intention to get married after you arrive. You may attempt to take your Thai fiancé to the US on a different US Visa to get married, but this will not sit well with American immigration authorities. They may see it as you trying to evade the systems and checks in place, and this may be cause for denial should you apply for other visas or permanent residency later.

If you are already married to your Thai spouse, this visa is not for you. As a married American, you have to apply for a K-3 Visa which is a Spouse Visa. Learn more about the K-3 visa Thailand.

The K-1 Visa application process can be lengthy, but it has many benefits for you and your spouse that other visas do not offer. These include:

• The K-1 Visa is easier to obtain than the K-3 Visa, and on average the turnaround time is shorter.
• Your Thai fiancé can add their children to the K-1 Visa petition to get them K-2 derivative visas. Once your spouse is granted the K-1 Visa, the children would then also be granted K-2 Visas (Children must be unmarried and under the age of 21 to be eligible for the K-2 visa).
• Once your fiancé has their K-1 Visa from Thailand’s American Embassy and is in the United States, they can apply for a work permit to engage in lawful employment by filing a Form I-765.

Basic Requirements in Applying for a K-1 Fiance Visa

Process in Applying for a K-1 Fiance Visa

Government Fees in Applying for a K-1 Fiance Visa

K-1 Visa Interview Process at the US Embassy

Steps to Obtaining a US K-1 Visa in Thailand

Step 1: A K-1 Visa Petition is filed with the USCIS

First you must submit the completed K-1 Visa Petition (I-129F) to the USCIS. The USCIS will then send a letter called a Notice of Action with your WAC number (AKA receipt number) to track the application. It will generally take around 9 months for the USCIS to process the petition, but times can vary greatly depending on their workload. At this stage, it is common for the USCIS to reject a petition because it was filed with incorrect or insufficient documentation. For this reason, it is wise to consult with an immigration lawyer as you go about the application to avoid wasting time and resources.

Step 2: The approved petition is processed at the National Visa Center (NVC)

If the Thai fiancé’s I-129F petition is approved, it will be forwarded to the National Visa Center for further processing. The NVC will do a background check to determine if the beneficiary of the K-1 Visa (your Thai fiancé) is admissible into the USA. It usually takes the NVC approximately 4 weeks to process the petition.

Step 3: The K-1 Visa petition is transferred to the US Embassy in Bangkok

After your petition has been approved by the NVC, they will get in touch with you and tell you that the petition is being forwarded to the US Embassy in Bangkok or the US Consulate in Chiang Mai. In this letter, they will also give you and your fiancé a BNK number. This number is your Thai fiancé’s application number for the US Embassy or Consulate, and they will need this reference number to make all correspondence with the US Embassy more convenient.

Step 4: The US Embassy processes the K-1 Visa Application

When the US Embassy or Consulate in Thailand receives your Thai fiancé’s K-1 petition from the NVC they will send them a letter with instructions to submit Packet 3, which includes the DS-160 application form. During this step, you will also pay the K-1 Visa fee. The embassy will also set up a visa interview for your fiancé. This is a complicated process as there are several documents required for the interview, including a police clearance certificate and a medical examination record. Professional assistance is also very useful at this step, as help in preparing the documents and training for the interview can be the difference between approval and rejection.

Step 5: Applicant has their visa interview and is issued the US K-1 Visa upon success

Your Thai fiancé will attend the visa interview with the Packet 4 application documents. Once the interview is completed, the Consular officer will likely approve the application or request more information and additional documentation. After the US authorities in Thailand have received the documentation they deem sufficient, they will issue the visa. If the application is approved, the consular officer will keep the fiancé’s passport and return it with the visa within 2 weeks.

If you have any questions about the K-1 Visa or the application process, feel free to contact us. Our experienced US Visa Team has submitted over 10,000 successful US Visa applications, and will ensure your US fiancé visa application is fast and hassle-free. We can consult by phone or in person at one of our nationwide offices in Bangkok, Chiang Mai, Pattaya, or Phuket.

5 Reasons to Hire Siam Legal International

1. We have more than 20 years of experience handling US Visas. We will make a professional assessment of your application to determine your eligibility before we start the service to ensure your time and money aren’t wasted. We will then personally oversee your case and review all documents to minimize the possibility of rejection.
2. We have processed thousands of K-1 Visas. We have an excellent record of K-1 Visa approvals in Thailand, and overall our US Visa Team has achieved approval for over 10,000 US visas. In our long history, no other law firm in Thailand has processed more K-1 Visas than our firm.
3. We employ American immigration lawyers and knowledgeable Thai visa consultants. This means that not only do we know US immigration law inside and out, but we can also communicate in both English and Thai.
4. We offer direct and transparent communication. Once you have engaged with us to assist with your K-1 Visa application, you will get a direct line to our consultants for phone calls, WhatsApp, or LINE communications. We pledge to respond promptly and clearly to address all your concerns and ensure you have all the necessary information.
5. We offer payment plans. We want everyone to be able to live their dream life in the United States, so we offer payment plans and discounted service packages to cater to all budgets.

5 Reasons for K-1 Visa Refusal

It is common for USCIS to refuse visa petitions and applications, but knowing the reasons why can help you avoid this costly and frustrating outcome.

1. Submitting the Wrong Forms or Providing Fraudulent Documents

   Submitting the wrong forms or making mistakes when filling them out often leads to the denial of the K-1 fiancé visa petition. In addition, having unverifiable or inaccurate information can lead to visa denials or delayed processing. Fraud and misrepresentation of information are also reasons for refusal and you will likely be blacklisted for ALL of your subsequent visa applications. Here are some examples of fraud and misrepresentation:

   • Providing a photoshopped or fake photos
   • Not disclosing previous marriages
   • Falsified affidavits from friends and family
   • Inconsistencies between application and evidence
   • Not disclosing medical or criminal history
   • Falsifying the income

   If you are found inadmissible due to fraud or misrepresentation, it is possible to get this penalty removed with an I-601 Waiver Application.

2. Not Qualified for the Visa

   One of the most obvious reasons for visa refusal is not being qualified. Here are a few examples:

   • Not having met in person: You must have met face-to-face with your fiancé within the last two years before the petition is filed.
   • Insufficient income: You must show verifiable evidence that you have enough income to support yourselves at 125% of the federal poverty guidelines.
   • Not free to marry: Neither party can already be married at the time of petition. Any divorce must be finalized before the date when the petition is filed. If you get married to your fiancé during the K-1 Visa application process, this also disqualifies you from being eligible as this visa is for fiancés and not spouses.
3. Insufficient Evidence of Genuine Relationship

   Insufficient evidence is one of the most common reasons for a K-1 fiancé visa refusal. You must provide an abundance of evidence to prove that your relationship is legitimate, genuine, and true. Some items that may raise a red flag as to your relationship’s legitimacy include:

   • Engaged to be married very short time after meeting
   • Huge age difference
   • Difference in religions
   • Severe difference in culture
   • No common spoken language
   • Very little time spent together, in person
4. Past Criminal Issues

   Another reason for K-1 Visa refusal is when either the US citizen or Thai fiancé has past criminal issues. Any past criminal matter should be evaluated by a reputable immigration attorney or consultant prior to filing to make sure it will not cause the fiancé’s visa case to be denied. Immigration violations by your Thai fiancé, such as overstaying their previous visa in the US, can also be grounds for refusal even if no charges were filed.

5. Failed Visa Interview

   The final stage of the application is the in-person interview where there are also many opportunities to be rejected. You and your Thai fiancé must answer a series of questions asked by a consular official. They are trying to determine if the information you provided is true, i.e. your relationship is genuine, you have sufficient income, and so on. Being unable to answer these questions, answering them unsatisfactorily, or not providing evidence at the interview are all red flags that may cause the official to deny your application.

FAQs about the K-1 Visa in Thailand

No, the K-1 Visa is for a US citizen and Thai fiancé who are free to marry. Married couples are recommended to apply for a US Spouse Visa, either the K-3, IR-1, or CR-1.

Yes. You and your Thai fiancé must have met in person within the last 2 years. It is highly recommended that you keep photos together and other evidence of the relationship such as records of ongoing communication when applying for the K-1 visa.

The processing time can be up to 12-18 months, depending on their workload. This involves the processing of your petition at the USCIS, the National Visa Center approval, and the interview at the US Embassy in Thailand.

The K-1 visa holder will be allowed to stay for 90 days upon arrival in the US, during which time they must marry and go through Adjustment of Status. Otherwise, they will have to leave the country.

Yes, you can obtain a K-1 Visa if you are legally divorced and free to marry.

Your fiancé will undergo a visa interview at the Consular Section of the US Embassy in Bangkok. The interview process may last between 20-30 minutes.

The US K-1 Visa is a single entry visa only.

Yes, they need to apply for a K-2 visa which is a derivative of the K-1 Visa. Both the K-1 Visa and K-2 visa applicants will proceed to the visa interview at the US Embassy in Bangkok. Children are eligible for the K-2 visa as long as they are unwed and not older than 21 years old.

As a rule, you need to get married within 90 days of entering the US on a K-1 Visa. If you did not get married within this time frame, your fiancé needs to leave the country before the K-1 Visa expires or face overstay penalties.

Yes. Your Thai fiancé may apply for a US Tourist visa and travel to the US while waiting for the K-1 Visa. They must return to Thailand to attend the interview and receive the K-1 Visa. This trip will not affect their K-1 Visa application.

Yes. Your fiancé, the K-1 visa holder, may be allowed to work in the United States once they have applied for and are issued a work permit.

Meet Our US Visa Team

Ken Graham, Partner

Ken is a US-licensed lawyer with many years of experience advising clients both in the US and abroad. He formerly practiced family law in the US, both on the client side and as an adjudicator in matters related to custody and child support. Ken now heads the US Immigration and Property teams at Siam Legal International where he assists American citizens with bringing their Thai fiancés, spouses, and family members to the US.

Rex Baay, Senior Immigration Consultant

Rex joined Siam Legal in 2009 and throughout 15+ years of experience at the firm, he has handled more than 1000 immigration cases for citizens of Thailand and the US. He speaks English fluently and provides simple and easy-to-understand explanations of what to expect at every stage of the application process to our clients. His expertise is invaluable to those in search of immigration assistance pertaining to Thailand and the USA.

Here’s what our K-1 Fiancé Visa Clients have to say:

Ready to start a new chapter of your life in the USA?

Siam Legal’s US Visa Team

• Over 20 years of experience helping people from all over the world travel to the United States
• More than 10,000 successful US visa applications.

Speak with an expert US immigration lawyer, or submit the form below to begin the consultation process.

Ken Graham
US Immigration Attorney
Partner, Siam Legal International

For English language assistance call:

• USA: +1 (702) 570-2477
• Thailand: 065-242-5683

Linda Pringpuangkeo
Senior US Visa Consultant
Siam Legal International

For Thai language assistance call:

• Thailand: 094-675-1953