The US IR1 Visa offers a golden opportunity for Thai spouses of US citizens or permanent residents to start their journey towards a life together in the United States. This guide aims to simplify the application process, ensuring you have all the information you need to navigate through it with ease.
IR-1 Visa for Thai Spouses
A US citizen or a US permanent resident who are married to a Thai spouse can obtain an IR1 visa if they have been married for more than 2 years. If the Thai spouse successfully passed all the conditions of the IR1 visa and then it was granted to her or him, he or she will automatically become a permanent resident upon entry to the US.
Qualifications for the IR-1 Petitioners
- The petitioner must be a US citizen or a US Permanent resident
- He or she must certainly reach the financial requirements that are illustrated in the Poverty Guidelines
- He or she must be at least 18 years old
- He or she must be a resident in the US.
Qualifications for the IR-1 Beneficiaries
- The beneficiary must be able to prove an ongoing sincere relationship with the petitioner
- Both petitioner and beneficiary must be legally married
- He or she must be able to provide their conjugal properties together
IR-1 Visa Overview of the Application Process
Filing the Form I-130 or the Petition for an Alien Relative is the beginning of the application process. When the petitioner files this form, he or she needs to present the required evidences or the supporting documents as stated.
The petition will reach the United States and Immigration Services (USCIS) Lockbox in Chicago to start the processing. However, if the petitioner is residing in Thailand, he or she can file the I-130 at the USCIS with the US embassy in Bangkok. Then the petition will be forwarded to the National Visa Center (NVC) for another processing. After the NVC, the US embassy in Bangkok will schedule an appointment for the interview of the Thai spouse. But before the day of the interview comes, the spouse must complete his or her medical examination.
When the interview has been conducted and the Thai spouse successfully passed this, the IR1 visas are ready to be issued any time soon. And if the visa is handed to the applicant, he or she will be given the privilege and freedom to enter and live in the US with their loved ones permanently.
Benefits of the IR1 Visa
- Immediate Permanent Residency: Upon entry to the US with an approved IR1 Visa, the Thai spouse becomes a permanent resident instantly.
- Reunite with Loved Ones: Live permanently in the US with your spouse and start building your life together.
Frequently Asked Questions
What are the specific financial requirements?
The petitioner must meet the financial requirements as per the Poverty Guidelines, ensuring they have sufficient income or assets to support the Thai spouse.
How is the application process different for those residing in Thailand?
The process involves additional steps, such as the interview at the US embassy in Bangkok, which is a crucial part of the application for Thai residents.
What should the Thai spouse prepare before the interview?
Ensure all required documents are complete and accurate. Practice for the interview, focusing on proving the genuineness of your marriage.
How long does the IR1 Visa application process take?
The process can take anywhere from 6 months to a year, or even longer, depending on various factors such as the completeness of your documents and the current workload of the USCIS and the US embassy in Bangkok.
Can the Thai spouse work in the US immediately upon arrival?
Yes, the Thai spouse is allowed to work in the US immediately upon arrival with an approved IR1 Visa, as they become a permanent resident instantly.
What happens if the IR1 Visa is denied?
If the IR1 Visa is denied, the US embassy will provide a reason for the denial. You can address the issue and reapply, or you may appeal the decision if you believe it was made in error.
Is there a minimum age requirement for the US citizen or permanent resident petitioner?
Yes, the petitioner must be at least 18 years old to file the petition for an IR1 Visa.
Can the Thai spouse travel outside of the US after receiving the IR1 Visa?
Yes, as a permanent resident, the Thai spouse can travel outside of the US. However, it is important to ensure that they do not stay outside of the US for extended periods, as this could affect their permanent resident status.
What documents are required for the IR1 Visa application?
The required documents typically include the petition form, financial documents from the petitioner, legal marriage certificate, proof of relationship, and various other supporting documents. The specific requirements may vary, so it is important to check the latest guidelines from the USCIS and the US embassy.
Can the Thai spouse include children in the IR1 Visa application?
Yes, children of the Thai spouse may be eligible to apply for visas to accompany or follow to join the Thai spouse. The specific eligibility criteria and application process for children should be verified based on the current immigration laws.
Why choose us for your IR-1 Visa application?
We are a registered law firm with multiple offices in Thailand. Our firm has attorney and consultants who are immigration specialists.