Marriage Visas
The K-3 visa Thailand is a 2 year multiple-entry visa intended for the foreign spouse of an American citizen. Once in the US, the K-3 visa holder must apply for adjustment of status which leads to permanent resident status. A CR-1 visa is an immediate relative visa that is processed concurrently with a K-3 marriage visa. The foreign spouse of any U.S. citizen is eligible for a K-3 marriage visa. The couple must be legally eligible to marry and must be married according to the laws of the place of marriage, be it in the U.S. or any other foreign country.
General Considerations for Marriage Visas
Thai-American couples who are discussing visa options should consider the location of their upcoming marriage when choosing which visa to apply for, as the location of the marriage (and consequently, the type of visa chosen) may affect legal documentation like premarital agreements.
Under current regulations, a K-3 is processed concurrently with an immigrant visa application based on immediate relative ("CR-1") status. Generally the couple will receive whichever visa (K-3 or CR-1) is approved first.
K-3 visa holders who wish to work in the US may file form I-765, Application for Employment Authorization with the USCIS that serves the area where their US-born resides for an employment authorization document (work permit).
Any child of a foreign spouse may also apply for a K4 visa as a dependant, provided that the child is not married and is under 21 years old. However, if there is another legal parent involved the USCI may require further proof of sole custody with the immigrating parent.
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