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A Law Firm in Thailand

US Spouse Visa

There are different visa options that a married US citizen to a Thai spouse may apply, if he/she wants to bring his/her Thai spouse to the United States. Depending on their marital status and the time frame that the US citizen allotted to take his/her spouse to the US, the couple may or have to choose amongst the provided options as follows:

K3 Visa

K3 spousal visa is under a non-immigrant category issued to a Thai spouse permitting him/her to enter the United States. This type of visa should be applied by the Thai spouse in the country where the marriage occurred while the US citizen spouse is applying for the immigrant petition. This type of visa is valid for 24 months with its multiple-entry, and has a shorter processing period though it is more expensive. Once the K3 visa has been approved and the Thai spouse has arrived in the US, he/she then need to immediately apply for the adjustment of status to a Lawful Permanent Resident (LPR) at the Department of Homeland Security’s US Citizenship and Immigration.

CR-1 Visa

 CR-1 visa or “Conditional Resident” is a type of visa issued to a Thai spouse of an American citizen. This type of visa will give the Thai spouse the opportunity to become a conditional permanent resident upon entry to the United States. This is made to ensure that the marriage is not fabricated and used to break the US immigration law. After the CR-1 visa is granted, the foreign spouse has the authorization to work inside the US and reside there in a period of 2 years. Since the foreign spouse’s residency in the US is conditional, the US citizen and the foreign spouse must file together to remove the conditional status of the foreign spouse. If failed to do so, the foreign spouse will be subjected to removal or deportation.

IR-1 Visa

IR-1 visa or “Immediate Relative” is an immigrant visa issued not only for the foreign spouses but also for the parents and children of an US citizen. This will authorized the foreign spouse to receive a green card valid for 10 years and can work inside the US. in order to be eligible for an IR-1 visa, the marriage between the US citizen and the foreign spouse must not be less than 2 years, in this case, CR-1 visa will be issued instead of IR-1 visa.