Legal

Even though this query sounds as if it has an easy answer, in reality visas are a complicated area for laypeople. Some folks do not realize that until after WWI passports were a rarity, and visas were not often utilized.

The types of visa discussed in this article are not used to purchase consumer goods. Conversely, these are the items necessary to enter many foreign nations. A widely held belief involves the concept that the holder of a visa has an unalienable “right” to enter the foreign nation. In general, a visa does not confer an unalienable right to enter a country.” Instead, a visa is simply an acknowledgment by a diplomatic or consular officer that the person holding the visa should be accorded the right to seek entry.

In Thailand, there are many different visa categories under Thai Immigration law. Thailand seems to have a Permanent Resident system comparable to that of the USA. However, looks can be deceiving as Thai Permanent Residence is extremely difficult to obtain and there is a quota set for people of differing nationalities. In the late 1970’s the Thai government authorities at Royal Thai Immigration promulgated non-immigrant visa categories. At present the most common categories are the B visa (Thailand Business Visa), the Thailand O Visa, and the Thailand Retirement Visa.

A large number of Thai nationals request entry to the USA on a yearly basis. One of the most desired visas by Thai nationals is the K1 fiancee visa. The K1 visa was created for Thai fiancee’s of American Citizens who wish to travel to the USA and marry their loved one.

In some cases, where a couple is already married, it may be necessary to file for a classic United States Immigrant Visa. The CR-1 or IR-1 Visa (Immigrant) give the bearer the right to reside permanently in the USA. In most cases, the Immigrant Visa will take 12 months to process. However, for those couples who are already married and wish to expedite the process the K3 marriage visa is an option. The K3, like the K1, is a non-immigrant visa category. This means that the K3 visa holder will need to adjust their status in the USA. In the past, K3’s were considered important because CR1 and IR1 Immigrant visas took a long time to process. The K3 is slowly being rendered obsolete due to increased efficiency on the part of USCIS.

Countries other than the Kingdom of Thailand and the United States issue visas.

For more information please see Thailand Visa

This isn’t a sufficient alternative to individualized legal counsel. No Attorney/client relationship should be inferred from reading this article.)

The climax of the US visa process is the K1 visa interview. This phase of the process may be the most anticipated, second only to the approval phase. In many ways, a US visa lawyer can be helpful in assisting a Thai with the fiancé visa interview.

Many Thai Fiancées approach an impending visa interview with a sense of foreboding and fear. Many are afraid that they will do or say something that will cause their visa to be denied. Some are confused about what they need to bring to the interview. There are instances in which applicants for a visa are worried about a possibly incriminating issue in their past and seek to avoid disclosure.

A few words of warning to applicant’s who are thinking about falsifying information for submission to the Embassy: Consular Officers are generally quite adept at discerning when an applicant is being deceitful and the consequences of attempting to defraud the United States government could be dire. If the Embassy finds that one is presenting false information in an attempt to obtain a visa then the entire application could be rejected and the applicant could be found inadmissible for entry into the USA. It is always a good decision to provide truthful answers to any of the consular officer’s questions.

For those simply nervous about the K1 visa interview itself, it may be reassuring to point out that the consular officers are not in the habit of using the visa interview as a method of brow beating a Thai fiancée. Instead, the visa interview is a means of conducting due diligence in an effort to determine whether a couple’s relationship is bona fide and the Thai fiancee is not legally inadmissible to the USA.

Often, K1 visas will be denied under 221 (g) of the Immigration and Nationality act. The word, “denial,” is somewhat misleading in the context of a 221 g in the sense that it is not so much a denial as it is a request for more information. When a 221 g request is presented to the Thai fiancée it usually means that the petition was deficient in some way, usually some document is missing. The consular officer will remit a form to the Thai fiancée that stipulates what is missing and what needs to be presented in order for the consular section to process the K1 visa.

Should a fiancée receive an outright denial because the consular officer made the decision that the relationship was not bona fide, then that decision is unlikely to be subject to an appeal. At the same time, if a consular officer determines that a prospective fiance visa beneficiary is legally inadmissible to the USA, then a waiver might be available depending upon the specific ground of inadmissibility at issue.

(Please note that the content contained herein is to be utilized for informational purposes only and should not be inferred as creating an attorney-client relationship between the author and any subsequent reader. One should always obtain legal advice from a competent licensed attorney.)

Of all of the publications dealing with US Visas from Thailand, the majority merely inform readers about submission of the visa application to USCIS, few deal with consular processing issues. This post is intended to inform prospective applicants about the K-1 Visa, and what measures ought to be taken by a Thai fiancee to navigate through the visa interview and hopefully obtain a favorable outcome in her case.

What is a Consular Processing Attorney and how can they help my Thai Fiancée?

A Consular Processing Attorney is a licensed Attorney in the US who maintains an office near a US Embassy abroad. While an Immigration Lawyer in the US has the ability to file a petition with USCIS it is unlikely that they will have an office in Thailand to help expedite the process. Also, an Attorney with an office in Thailand can better deal with the Thai Fiancée herself because an Attorney in Thailand will likely have Thai staff to help explain the process and what documentation needs to be obtained. Also, an Attorney on the ground may be able to interact with the US Embassy officials should an issue arise. Among the things an Immigration Attorney in Thailand can assist with: preparing your Thai Fiancée for the visa interview (by going over probable questions and explaining them in Thai), Preparing all documents to be filed with the consular services division (translations can be included as well), obtaining a Police Clearances for the Thai Fiancée, obtaining medical exams for your Thai Fiancée, and responding to 221(g) requests for more information (often the Embassy, in their discretion will require some other documentation).

As well as these advantages, merely having an Attorney on the scene to consult with can add a great deal to one’s peace of mind regarding the Immigration process particularly where the US Citizen is back in the US waiting for the Thai Fiancée to come to the US. In situations similar to this it can be a major boon to have competent counsel in Thailand in order to effectively handle the documentary requests from the Embassy, thus taking some of the workload off of the Thai fiancee. Where there is a difficulty communicating due to a lack of language proficiency the Immigration process can be made a great deal more difficult. However, by having an Attorney on hand the frustration and confusion can be reduced because the burden does not fall upon the Thai to deal with the Embassy. Instead, a legally trained expert can deal with the Embassy and explain to the Thai Fiancée exactly what needs to be done in order to expedite the process.

Packet 3 and your Thai Fiancee: how a Consular Processing Attorney Can Help

The package commonly referred to as “Packet 3,” is the information packet that the United States Embassy will mail to a Thai fiancee setting forth the necessary documents that must be retrieved before the interview for a K1 fiance visa. A Consular Processing Attorney will not only assist in obtaining the documentation, but can also provide guidance on what is required and tips to expedite the process. Some applicants worry a great deal about Packet 3, but by retaining competent counsel the process of submitting Packet 3 can proceed in an efficient and effective manner.

The information contained herein is meant for educational purposes only and is not intended to be utilized as a substitute for competent legal advice from an attorney in good standing in the United States. No Attorney/Client Relationship (either express or implied) shall be inferred from reading this publication, for more information please see fiance visa thailand.