If you are married to a Thai national then you have to apply for a K3 visa in Thailand. The US fiancée visa also known as the K1 visa for a Thai is the appropriate visa for taking your Thai fiancée back to the US in order to get married. Do not take your fiancée back to the US on a tourist visa as US immigration might view this as attempted immigration fraud.
The US fiancée visa starts much like the K3 visa with you completing the forms for the “Petition for Alien Relative” for your Thai fiancée. The documents are sent to the U.S. Citizenship and Immigration Services (USCIS) offices depending on where you live in the US. Once this has been sent the USCIS will then send you a receipt by mail that the documents you had filed have been accepted. This is what is now commonly known as a “Notice of Action 1” notice.
Now if you are taking a step-child (the child needs to be unmarried and under the age of 21) back to the US then you will need to ask your attorney in Thailand to also apply for a K2 visa. This is very similar to the visa application process for other immigrant visas to the US. Speak to an attorney in Thailand for more information on the K2 visa process for your step-child in Thailand. Now once the visa application documents has been fully processed it will then be sent to the National Visa Centre (NVC) for further processing before being sent to the US Embassy in Thailand. You will be notified of this step with a case number.
Note that the financial requirements which is 125 percent of the poverty level has to be met. This depends on the state in which you live. You need to look at the federal poverty guideline minimum income requirement. You are going to need to prove your income with the most recent year’s tax return. You will need to speak to a lawyer in Thailand about this as you can use equity in your house or other types of investments to bring to above the minimum level for your state.
The documents needed are as follows:
- Completed Forms;
- Your Thai fiancée’s passport;
- Birth certificate;
- Divorce or death certificate(s) of any previous spouse(s);
- Police clearance certificates in Thailand;
- Medical examination (vaccinations are optional, see below);
- Evidence of financial support;
- Evidence of relationship with your U.S. citizen spouse.
The medical examination is important and the Embassy will tell you when this needs to be done. The most important documents they tend to look at and also what takes up the most paperwork are emails and letters, photos and other proof to show that the relationship is real. Note that there will also be an interview at the Embassy before the visa is granted. You do get visa denial in Thailand and many of them are not so much a criminal record but by women who have overstayed a previous US visa.
Always take legal advice while in Thailand.