United States Family Visas For Loved Ones From Southeast Asia

This piece is intended for those conducting research into U.S. family immigration issues for the first time. Those contemplating the submission of a petition for a U.S. visa on behalf of a foreign fiance or spouse are well advised to conduct in-depth research prior to making any irrevocable decisions.

Those researching American immigration matters for the first time are likely to come upon both the K-1 visa and the CR-1 visa. The K-1 visa is an American fiance visa which was statutorily designed to provide a short term immigration benefit to the foreign fiance of an American Citizen. Foreign nationals admitted to the United States in K-1 visa status are generally required to subject themselves to the adjustment of status process before being able to take up lawful permanent residence in the USA. Simultaneously, the CR-1 visa was statutorily created for the alien husband or wife of a United States Citizen. It should be noted that the CR-1 visa is meant for those who have been married for less than 2 years at the time of the foreign spouse's lawful admission to the USA. Alien spouses admitted to the USA in CR-1 status are usually accorded conditional lawful permanent residence. Those who have been married for more than 2 years at the time of lawful admission to the USA pursuant to an I-130 petition are granted unconditional lawful permanent residence upon entry.

Under current visa processing conditions it may behoove prospective visa petitioners and beneficiaries to undertake a thorough investigation of all visa options as visas which may look more efficient may ultimately prove less than optimal. For example, the overall visa process may, at first glance, look daunting and many who conduct initial research feel that the K-1 visa is the best option. Although, upon further inspection, some couples opt to get married and then apply for a U.S. Immigrant visa such as the IR-1 visa or the CR-1 visa because such travel documents do not mandate adjustment of status in the USA in order to indefinitely remain. With this in mind, those reading this piece should be informed that the unique facts of a given case may force one couple to make different decisions versus another couple. For this reason, it may prove beneficial for bi-national couples to consult an American attorney in order to ascertain all of the relevant information regarding United States immigration law in an effort to make an informed decision. Those who seek legal consultation pertaining to these matters are strongly encouraged to ascertain the credentials of anyone who claims expertise in such matters since only a licensed American attorney is permitted to practice United States immigration law under virtually every set of circumstances.


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Ben Hart is an attorney from the USA residing in Bangkok, Thailand. Contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. Learn more: K1 Visa Cambodia or K1 Visa Thailand.