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ResourcesVisa & Immigration LawUS Immigration LawK-1, K-3, CR-1 & IR-1 Visas for Those Living Part-Time in Thailand & the USA?

K-1, K-3, CR-1 & IR-1 Visas for Those Living Part-Time in Thailand & the USA?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1, K-3, CR-1 & IR-1 Visas. These are effectively the family-based, the Spousal and Fiancé Visas associated with American citizens who may have a Thai fiancé or spouse. 

The question posed is "can I get one of these visas and then use it to live part-time in Thailand, part-time in the United States?" We get this question a lot. Long story short is there probably is some option for you. Again as I've discussed in many other videos and I'm sure I sound like a broken record, everybody's case is different. The unique facts in a given case are going to drive the analysis as to what is the best Visa option or options depending on your circumstances, although bear in mind there are certain aspects of legal residence in the United States that you can get into if you spend a prolonged period of time outside the United States. We have done a number of videos in the past regarding things like re-entry permits and presumption of abandonment of residence but yeah it is possible to utilize some of these visas in order to kind of split your time if you will or spend, it doesn't have to be exactly split but you spend a lot of time in the US, a lot of time in Thailand. 

Now again, things to bear in mind. First off, the K-1 Fiancé Visa maybe useful in the beginning when a couple is getting together but note it is technically a Non-Immigrant Visa; it only has a 90-day validity; you need to use that, enter the country and then switch over to a Green Card once you get there. But then, once your residence is established and you do have a Green Card, Lawful Permanent Residents of the United States are able to travel in and out of the USA. So those who are maintaining an IR-1 or CR-1 status, their Green Card effectively is their visa, their I-551. The other thing to bear in mind is, your Green Card you can use to travel in and out. K-3 Visas kind of more rare these days, is kind of a Non-Immigrant multi-entry Visa. As I said again the K-1 Visa is a one-off Visa that you will need to utilize in order to go to the United States, apply for Adjustment of Status and then switch to residency there. That said, once residency is established in the United States, it is possible to travel abroad - frequently or infrequently - after one has become a, if you will vested, Lawful Permanent Resident of the United States of America.

I am kind of talking just generally about US Immigration here. There are a number of options available, Visa options especially, for loved ones of American citizens and Lawful Permanent Residents. It should also be noted that unfortunately there is a lot of, how do we put it, less than optimum information out on the internet, like it may be useful in one set of circumstances but you may not be in those circumstances. It's not a bad idea to contact a legal professional and get an idea of various visa options because I have noticed one of the biggest problems people make especially with loved ones, is they make a lot of presumptions about how the Immigration system works. For example, they may get married which may or may not have benefited them in terms of their Immigration status; it may have been better to wait, but now you are married and you are kind of locked in to having to deal with certain options. It is not a terrible idea just in a general sense, to contact a legal professional who is used to dealing with US Immigration in order to get a lay of the land if you will, of all of one's options with regard to Immigration to the United States.