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ResourcesVisa & Immigration LawUS Immigration LawWill the New "Integrity Fee" Impact K-1 and K-3 Visa Applications in Thailand?

Will the New "Integrity Fee" Impact K-1 and K-3 Visa Applications in Thailand?

Transcript of the above video: 

As the title of this video suggests, we are discussing the K-1 and K-3 Visas. For those who are unaware, these are for fiancés and spouses of American citizens. The K-3 Visa is kind of a special case; we don't see many of those visas processed. That was created under the Life Act under President Clinton back at a time when there was a massive backlog involving Immigrant Spousal Visas, so they created the K-3 to allow spouses of American citizens to be fast tracked, but it is a Non-immigrant Visa and we'll get into analysis on that here in a moment.

I thought of making this video after reading a recent article from Thai Enquirer, that is thaienquirer.com, the article is titled: US Visa fees set to increase in October under new "Integrity Fee" policy. Quoting directly: "The U.S. Congress has approved a new visa fee increase expected to take effect in October under the "One Big Beautiful Bill Act" signed by President Donald Trump on July 4. A new "Integrity Fee" - and the name of this firm being what it is, I kind of thought coincidence was God winking at you; but that was a little odd - "will add $250 (over 8,000 baht) to the cost of all Non-immigrant visas." - I'll get to that in a minute - “including Tourist, Student and Business Visas. This fee is charged when the Visa is issued, on top of the current Visa fees. Currently, U.S. Tourists and Business Visa applicants pay $185 (about 6,000 baht). With the new fee, the total cost will rise to at least $435 (around 14,000 baht)." Quoting further: "The fee applies to all travellers using Non-immigrant visas except those from 42 visa-waiver countries. However, travellers from those countries who need special visas like Student or Work Visas must also pay the fee. Thailand is not part of the Visa waiver program so Thai travellers will be affected. No official start date has been announced, but the fee is expected to begin with the US fiscal year on October 1, 2025." 

Okay, the analysis here, what we need to get into here, is the issue of “non-immigrant”. Strictly speaking, the K-1 Visa, and the K-3 Visa are technically Non-immigrant visas. Does this pertain to them? Let me say for now, I don't know with specificity whether or not this visa fee increase will pertain to them, but that said, based on my understanding of how this provision in the Big Beautiful Bill has been promulgated, it should not; I stress again should not. I can't make a full conclusion at this time. That being said, you must understand, K-1 Fiancé Visas and K-3 Marriage Visas, although they are non-immigrant visas they are handled by the Immigrant Visa unit, not the Non-immigrant Visa unit at the US Embassy, at the US Consulate here in Bangkok. So that's the first thing to understand. That's one of the reasons why they can't be processed in Chiang Mai because Chiang Mai only processes Non-immigrant Visas. That said, they are considered dual intent visas, well the Marriage Visa is sort of considered that way; it is basically just kind of an ad hoc visa that was created to allow people to get in to then process their Green Card. The K-1 is definitely dual intent; it's a non-immigrant visa insofar as it only grants 90 days of lawful status, and then during that time you are supposed to get married and go ahead and apply for a Green Card: that's the Immigrant intent side of it. 

Both of those Visa categories are handled by the Immigrant Visa unit. So it is my belief as of the time of this video, this policy will not impact the fees associated with either the Fiancé Visa or the K-3 Marriage Visa, it only pertains to the Non-immigrant Visa unit: visas like the Tourist Visa - the B1/B2 Business Tourist Visa the J Visa, the F-1 Visa, the M Visa, those kind of visas, Non-immigrant visas, true non-immigrant Visas. So it looks to me like at least as what time is this video K-1 Fiancé Visa seekers, as well as K-3 Marriage Visa seekers should not be impacted. 

That being said full analysis and full conclusion, I can't quite make it as of the time of this video, so the full sort of outcome on all these developments remains to be seen. We will certainly be keeping you updated on this channel as the situation evolves.