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K3 MARRIAGE VISA IN THAILAND
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| What is a K3 Marriage Visa?
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If you are married to a Thai citizen and you are an American, you have to apply for a K3 Marriage visa to take your wife back to the United States. The application process for the K3 Marriage visa is that you file for the Spousal Petition in the US (I-130). Once the petition is filed the Service Center will notifiy you that they have recieved the petition. Once this is completed you will then file a I-129F petition for the K3 Marriage Visa with the Chigaco Center and they in turn send your K3 Marriage Visa application to the Missouri Center for further processing. Once this is completed the K3 Marriage Visa petition is sent to the US Embassy in Bangkok.
The remainder of the process is the same as that for the K1 Visa. If the K3 Marriage Visa sounds complicated, then you are correct as it is a bit more involved than the K1 Visa process.
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K-3 Marriage Visa / CR1 Visa
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| Who is eligible for a K3 Marriage Visa?
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The K3 Marriage Visa was created for Americans who want to bring their wife back to the United States. The processing times are longer than the average K1 Visa application though. The K3 Marriage Visa is a 'non-immigrant' visa which means that your wife will not be a permanent resident when she arrives in the United States but would still have to apply for an adjustment of status. The K3 Marriage Visa does however allow your wife to travel aboard unlike the K1 Visa which is a once off visa. Your wife may also bring with her any children that she might have under a "K4" visa. The I-130 petitions however need to be filed separately.
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| The basic eligibility requirements for the K3 Marriage Visa are as follows:
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You must be a US citizen, and the beneficiary must be your spouse;
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There must be a pending immigration petition naming your Thai wife as a beneficiary on file with the USCIS;
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The marriage between you and your Thai wife must be valid, meaning that it has met all the requirements to have a valid marriage in Thailand or the country/jurisdiction where you married, and were not subject to any impediment (such as a non-terminated prior marriage) to your ability to marry at that time.
After obtaining a K3 Marriage visa, your Thai wife (and her unmarried minor children, using the K4 visa) can travel to the United States and live with you for up to 2 years. Presumably, during that time the USCIS will approve the immigration petition filed by you and she will be able to apply for an adjustment of status to become a legal permanent resident in the United States.
The K3 Marriage visa is not as ideal as being able to quickly obtain a spousal immigration visa would be. However, given the lengthy processing times at most USCIS service centers, it is a welcome alternative to your wife being forced to live in Thailand for an extended period, and the K3 Marriage Visa has already helped many families reunite. |
| Overview of the Thailand K3 Marriage Visa application process:
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The process for applying for a K-3 Marriage visa for a Thai wife is complicated.
Step 1: K3 Marriage Visa in Thailand (USCIS Petition)
This is the very first step in the K3 Visa process. As the petitioner, you have to gather all the required documents to prepare for the K3 Marriage Visa Petition. These include documents pertaining to your citizenship, legality of your marriage, financial position and the identity of your Thai spouse being petitioned. Marriage certificate, Income tax and other pertinent documents are among the documents to be included in your petition.
File your I-130 petition for your spouse at the appropriate USCIS service center which is determined in the area of the US where you reside.
Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MS, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, or WY must file their stand-alone Form I-130 with the Lockbox using the following address:
USCIS
P.O. Box 804625
Chicago, IL 60680-4107
Petitioners who reside in AL, AR, CT, DE, FL, GA, KY, LA, ME, MD, MA, NH, NJ, NM, NY, NC, OK, PA, Puerto Rico, RI, SC, TN, TX, VT, VA, U.S.Virgin Islands, WV, or District of Columbia must file their stand-alone with the Lockbox using the following address:
USCIS
P.O. Box 804616
Chicago, IL 60680-4107
File a follow-up petition called I-129 F. Mail your petition to the Service Center where the underlying I-130 petition is currently pending. Use the address listed on your most recent receipt notice or transfer notice, and include a copy of that notice in your Form I-129F.
Step 2: K3 Marriage Visa (National Benefits Center)
Once USCIS has given you a notice of receipt of your petition you can file your K3 Marriage Visa petition with the USCIS (National Benefits Center). The National Benefits Center processes all K-3 Marriage Visa applications in the United States. There is only one center so it makes no difference where you live.
Step 3: K3 Marriage Visa (National Visa Center)
Once NBC (National Benefits Center) has approved your petition it is forwarded to the National Visa Center. The National Visa Center will then process the K3 Marriage Visa petition and forward it to the US Embassy in Bangkok. Your Thai wife will be notified by the US Embassy about the pending K3 Marriage Visa and a date will be set for the interview. Other issues could arise if your wife has ever had any immigration issues in the United States or if she has a criminal record.
Step 4: K3 Marriage Visa (US Embassy Bangkok)
Once she has had her interview at the US Embassy in Thailand and has been granted a K3 visa, she will be able to come live with you in the United States. As the K3 Marriage Visa is a "multiple entry" visa, she can travel using her K3 Marriage Visa, and she can obtain permission to work with her K3 Marriage visa. Once in the United States it is best to apply for an adjustment of status to ensure that she becomes a legal permanent resident (or at least have an application filed to become a legal permanent resident) before her K3 marriage visa expires. |
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| Can a K3 marriage Visa spouse work? |
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Yes, the K3 marriage Visa Spouse will be able to work upon entry after getting a social security card and an EAD (Employment Authorization Document). |
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| Can a Thai Spouse holding a K3 Marriage Visa travel outside the US? |
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Yes, she is free to travel outside United States. No advance parole is needed for travelling outside the U.S. The K3 Marriage Visa and and K4 visa's are in valid status for 2 years and the visa is a multiple re-entry visa. |
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