American citizens have two avenues to bring their Thai spouse into the United States: an immigrant visa for a spouse using an I-130 immigrant Petition for Alien Relative form filed with the United States Citizenship and Immigration Services (USCIS); or a nonimmigrant visa using the K3 visa form filed at a consulate where their marriage was performed.
In the past, the filing process for the I-130 and scheduling interviews at consulates was an interminably long process leaving couples in limbo for up to a year at a time. The US K3 visa was created to allow alien spouses to enter the country in short order while their immigration status was being decided. In order to file a K3, the couple had to first file an I-130.
Recent advances in the speed and accuracy of the immigration status of applicants has led to the National Visa Center (NVC)processing the I-130 at a much quicker pace and in many cases making it unnecessary to file the US K3 visa.
As of February 1, 2010 the process now goes along these lines. The couple will file their I-130 and K3 forms. As long as the NVC receives the I-130 from the USCIS at the same time or prior to the K3 petition approval, they will only process the I-130. After processing, the case will be forwarded to the appropriate consulate and an interview scheduled. Upon completion of a successful interview, the foreign spouse will receive a visa and enter the United States as a permanent resident.
See K1 and K3 Visa Thailand for more information
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