Southwest Travel Packages - Adjustment of Status For a Thai Fiancee Or Spouse

He or she must first go through the process of adjusting his or her status, in order for the Thai fiancee or spouse to remain in the United States as a lawful permanent resident. They are considered non-immigrants, when a Thai fiancee or spouse enters the United States on a K-1 or K-3 Visa. Adjustment of Status is the process to go about getting permanent residence for a Thai loved one.

Their permanent residence is already secured, in a situation where a Thai spouse has entered the US on a CR-1 or IR-1 Visa the Adjustment of Status process has already been completed in Thailand because these two visas are immigrant visas and therefore when a Thai Spouse receives an IR-1/CR-1 Visa at the US Embassy in Thailand.

ARE THERE ANY PROBLEMS THAT CAN BE AVOIDED IN GETTING A THAI LOVED ONE'S STATUS ADJUSTED?

E visa to do so; e in the United States it is best to use a K-1 fiancé if you want to marry your Thai fiancé. Be Warned! The penalties could even include prison and possible deportation for the Thai National, immigration authorities are empowered to impose penalties if it finds that a a fraud has taken place. And files for adjustment of status; immediately gets married, e enters the country, this is especially the case where a Thai fiancé. This can pose a major problem as this course of action can be interpreted by USCIS as an attempt to defraud the Immigration authorities. " I often see people try to adjust a Thai wife's status from a tourist visa to permanent residence. But can be avoided is what I call the "Tourist Trap, one major pitfall that can get people into trouble.

WHAT STATUTE DEFINES ADJUSTMENT OF STATUS?

To that of an alien lawfully admitted for permanent residence if: in his discretion and under such regulations as he may prescribe, 245(a) of the INA reads: The status of an alien who was inspected and admitted or paroled into the United States can be adjusted by the Attorney General, § 245 of the Immigration and Nationality Act (INA); adjustment of Status is defined in §.

the alien makes an application for such adjustment, 1.

And the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, 2.

An immigrant visa is immediately available to him (or her) at the time his application is filed. 3.

HOW MANY PEOPLE ARE ALLOWED TO APPLY FOR ADJUSTMENT OF STATUS PER YEAR?

An adjustment application can be filed with the USCIS office that has jurisdiction over the district in which the applicant is residing. There is no limit on the number of green cards that can be issued to spouses of US Citizens, however. US Immigration officials have a quota of how many "green cards" that may be issued to Immigrants each year.

I'M WORRIED ABOUT MY THAI LOVED ONE'S ADJUSTMENT OF STATUS APPLICATION BEING DENIED.

E or wife the adjustment process generally progresses rather smoothly; in the case of a Thai fiancé. With competent legal counsel this problem can be avoided, however. Since 9/11 it is less uncommon to see application for adjustment of status denied or stalled.

" " Close kinship (for our purposes: the Thai spouse is married to a US citizen) is a very strong "positive factor" that will only be overcome by a VERY strong "negative factor. When a "negative factor" is found the USCIS officer will look at the case to decide if there are "positive factors" present to offset the "negative factors. USCIS will adjust a Thai spouse's status when she meets the statutory requirements and no "negative factors" exist that would preclude adjustment.

E or wife into the US to Adjust status could be viewed as a "negative factor" and be used as grounds for denying an adjustment application; using a tourist visa to get a Thai fiancé.

E OR WIFE NEED TO STAY IN THE US WHILE THE APPLICATION FOR ADJUSTMENT OF STATUS IS PENDING; dOES MY THAI FIANCÉ?

Because the K-3 is a multiple entry visa, if she needs to return to Thailand and subsequently come back to the US it is not a problem on the K-3 Visa, so. A Thai Spouse who enters the United States on a K-3 Visa can leave the country without affecting the status of her pending adjustment of status application.

E who leaves the US while the adjustment of status petition is pending shall be found to have abandoned the petition and the process must be restarted; / fiancé 245.2(a)(4)(ii) states that a Thai fiancé 8 CFR §. E/spouse who enters the United States on a K-1 Visa does not have the same privileges as a Thai spouse holding a K-3 Visa; a fiancé.

A Thai spouse with Advance Parole will not be deemed to have abandoned a pending Adjustment of Status petition. May obtain an advance parole travel document before departure from the USA; in the US on a K-1 Visa, e/spouse, a Thai fiancé.

WHAT IS MY THAI SPOUSE'S STATUS AFTER ADJUSTMENT?

From this point forward the Thai spouse's permanent residence is not based upon their marriage to the US Citizen. The US Citizen may file to have the conditionality of the Thai spouse's permanent residence lifted, ninety days before the second anniversary of the approval of Adjustment of Status. Once the Adjustment of Status application is approved the Thai spouse is deemed a conditional permanent resident for two years.

thanks for reading,

Esq, hart. Benjamin W.

Nothing in this article should be construed as a substitute for individual legal advice from a licensed legal professional in your jurisdiction.