A client of mine, who is trying to get his girlfriend to the U.S. on a K-1 "fiancee visa", sent me the following info:
You have to file an I-129F petition with the INS in the states. It is filed at the regional office of the INS that has jurisdiction over the state you live in. The petition is very detailed (long) and you must prove you are financially able to support your fiancee/wife when she gets here. The I-129F forms can be downloaded from the INS site or they will send you the forms if you call. If you have previously been married you have to send a certified copy of your divorce decree with the petition. The processing time ranges from 4-12 weeks. If approved, the INS will send you a I-797 approval form and forward your petition to the embassy in the country your finance lives. The petition is valid for 4 months, ie, she must get the K-1 within this timeframe. Some consular officers will extend the time if given a good enough reason. My packet I sent to the Texas Center was 47 pages long. It included proof we had met in person.. pictures together, copies of my passport with Thai stamps, phone records, etc. The primary focus of the petition is to prove support and that there is a valid relationship. Most petitions are approved, but some are not. Sometimes the INS will ask for more information. This delays the process by 4-8 weeks. Once the embassy receives the petition, they send the finance packet #3. This includes a biographical sheet, the actual visa application, instructions for the medical exam ([name withheld]'s was at Bumungard and cost almost 4000Baht), instructions for birth certificates (must be certified), divorce decrees. etc. When all the info has been gathered, she sends back a checklist of things completed and the bio sketch. She retains all the other info and takes that to the interview. After the embassy receives the checklist they will send her a letter in a few weeks telling her the interview date. That is usually 2-4 weeks later.
The interview can be a bitch!! If they suspect she ever worked in a bar, she will be grilled. If she admits having working there, she is denied. They may lie and tell her untruths to get her to admit she "worked." If she cracks, she's a goner. They are tough!! If they so graciously give her the visa, it costs 45 bucks and she can pick it up that afternoon.
She then has 6 months to leave the country. Once she arrives in the US, she has 90 days to marry. If this does not happen, she must return to Thailand. Her chances of ever getting back to the states [would be low if she doesn't marry within that 90 days]. If she does marry, they file for an adjustment of status, authorization to work, and advanced parole. That allows her to leave the country (US) for vacation, return to Thailand, etc.
The whole process through the Bangkok Embassy takes 4-8 months. If she is denied, the consular officer's decision is not appealable.
I would like to solicit others' experiences and inputs from all countries.
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