Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal.co.th - Resources 

Research & gain insights into Thai, American, and International Law.

 

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesVisa & Immigration LawUS Immigration LawNew Financial Support Rules for K-3 Visas from Thailand

New Financial Support Rules for K-3 Visas from Thailand

Transcript of the above video:

As the title of this video suggests, we are discussing the Public Charge rules or sort of the financial support guidelines if you will associated with those seeking a K-3 visa for the spouse of an American citizen coming from Thailand. 

Now for those of you who are unaware, the current Administration is making some rather substantial changes with respect to how they view and how they adjudicate those who are immigrating to the United States; specifically how they adjudicate their financial ability to maintain themselves or be maintained by their sponsor in the United States. The concern here seems to be the possibility of becoming what is called a "public charge", ie. someone who comes the United States and possibly through no fault of their own, ends up enjoying means-tested benefits in the US. These types of benefits are sometimes colloquially referred to as “welfare benefits”. 

In the past, there was a more narrow set of rules that pertain to the types of benefits that would be scrutinized. Specifically, it did not have as wide a scope with respect to programs that could preclude one from coming into the United States or the foreseeable participation in programs which could lead to a preclusion of issuance of a visa to the United States. Basically they are making adjudications to determine whether or not an individual or individuals coming in to the United States, in this case spouses of an American citizen, are likely to become a public charge; basically start receiving benefits in the United States within certain parameters. 

In the past it was a lot narrower scope of benefits. They widened out that scope. It should also be noticed the guidelines now would appear to require a higher amount of income on the part of the financial sponsor; in this case most likely the American spouse. As a result, this can have wide-ranging implications for those who are going through the K-3 process. 

The other thing to keep in mind with respect to this is while there are going to be direct and substantial implications in this matter with respect to petitions in the United States, so things that are adjudicated by the Department of Homeland Security within the US., it remains to be seen exactly the practical implications of these changes in guidelines on Visa applications adjudicated outside the United States, namely United States Embassies, United States Consulates abroad, for example the US Embassy here in Bangkok, Thailand. 

So how exactly this is all going to play out remains to be seen. We will do updated videos on this topic as times go by. As soon as information of any relevance pops up, we will go ahead and put it up on this channel.  Until that time, it remains to be seen just exactly how this is going to play out but for now it is pretty safe to assume heightened scrutiny and higher thresholds are probably going to be the name of the game with respect to the guidelines associated with public charge and financial support for those seeking a K-3 Visa to the United States.