K-1 Visa Eligibility

The K-1 Visa eligibility is explained below. The US fiancée visa from Thailand is for those Americans who wish to take their Thai fiancée back to the US. The process starts with an application to the USCIS to start the fiancée visa process. Speak to an immigration lawyer in Thailand for assistance in this regard. Below is the basic process for the fiancée visa or K1 visa as it is called.

K-1 Visa Eligibility

The US Fiancée visa allows an American citizen to sponsor their Thai fiancé to go to the United States for the purpose of marriage within 90 days of arrive in the US. Note the rules for both you as the sponsor as well as that of your Thai fiancée.

As a sponsor you need to be an American citizen and not a permanent resident. Green card holders cannot apply for a fiancée visa. First consider your status as an American. Both you and you Thai fiancée must be eligible for marriage. If you Thai fiancée is divorced or her husband had died you will need to ensure that she has the original death certificate or divorce decree.

K-1 Visa EligibilityNote that you can apply for a K1 visa from Thailand for a same sex marriage. Even though same sex marriages are not allowed in Thailand you can still apply for the K1 visa from Thailand for your same-sex Thai fiancée. The K-1 Visa eligibility is explained further.

You are going to need to provide that the relationship is real. This will take up most of the application as you will need to provide phone records, emails, photos or even statements from your friends to attest to the relationship being valid and real. Your US immigration lawyer in Thailand will provide you with a list of what will be needed as well as additional documents of proof of relationship.

As a couple you will also need to show that you have met in person during the preceding two years of the fiancée visa application.  Many marriages are arranged in traditional fashion however US immigration law requires that you have met your fiancée in person at least once during the last two years. You are going to need to prove this with photos. Note that a tradition Islamic wedding is not legally binding so if you need to do an Islamic conversion in Thailand then this should not present a problem. Take proper legal advice in this regard.

Both you and your Thai fiancée has to provide a statement to show that you plan on getting married. If you have already made wedding invitations then providing this would also be good. These would include the wedding location and invitations that already been printed. The K-1 Visa eligibility is not very complex to understand.

Finally you will need to meet the government poverty line. This will normally be a copy of your tax returns and you will need to be 125% of the poverty line or over. If you can’t meet it then someone can be an additional sponsor for you. Speak to a US immigration lawyer in Bangkok for more information.

There are others issues which are also covered on this website such as the US visa income requirements as well as other more common issues when you are already married and applying for a spouse visa or a visa for the minor children. Note that K2 visa if your Thai fiancée has a minor child who will also move to the US.