US Visa For Thais: Why Using a J-1 for K-1 Purposes can Pose a Real Problem
Posted on: September 9, 2009 by: adminUS Immigration can be a complex and intricate area of the law. American Immigration law can be a very dense specialty because many different government agency regulations have an impact upon the American Visa obtainment process.
Thailand is not only home to some of the most exquisite weather, beaches, jungles, and scenery. The Kingdom also boasts some of the World’s most physically striking women. In addition, people native to the Kingdom of Thailand are warm, caring, and kind which creates a sort of “Heaven on Earth” atmosphere. Many American gentlemen, who meet Thai ladies, find that the discussion regarding US Immigration inevitably arises because they wish to bring their loved one home. This piece is written in order to discourage the use of improper travel documents for US Immigration.
A J-1 visa is an exchange visitor travel document that was created for the purpose of establishing cross culture temporary exchanges between the people of Thailand (and other countries) and the citizens of the United States. Some Thai-American couples consider the J-1 visa as a method for bringing their fiancee to the United States and thus skirt the comparatively longer processing time of the K-1 fiance visa. Even though this approach may appear rational from a distance, the implications could be harmful.J-1 visas should not be used in place of a fiance visa or marriage visa because of the immigration fraud issues that could arise from such a course of action.
Another crucial issue is a regulation known as the Requirement of Foreign Residence. In certain situations, the recipient of a J-1 visa will be required to maintain a foreign residence for at least two years after the J-1 has expired. The policy intention undergirding the Foreign Residence Requirement is based, in part, on the contention that aliens who are given specialized training at government expense, should disseminate that information in the alien’s home country in order to facilitate cultural exchange. To do otherwise would often undermine the whole reason for issuing the travel document in the first place. That being said, there is waiver of this foreign residency requirement available, but it is very difficult to obtain. Therefore, it is probably not prudent to bring a Thai fiancee to the USA on a J-1 visa if a foreign residency requirement is mandated after the visa’s validity ends.
To find out more on this and other topics, please see: US Visa Thailand
The information imparted within this piece should not be considered individualized legal advice, in order to receive personalized legal advice, contact an attorney. A Lawyer/Client relationship should not be inferred to exist by reading this article.)
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