Visa to America

Health-Related Reasons for Visa Denial

Robert Stan — Fri, 07 Aug 2020 21:20:26 +0000

These are the Health-Related Reasons for Visa Denial in Thailand. Having a visa denial in Thailand can be difficult if it is based on a health related matter. Normally they will tell you why the visa has been denied and you can then appeal from there. You are going to need an experienced immigration lawyer to appeal this for you as it will become very complicated for which time and money cannot be wasted on any errors. This will be from the US visa medical examination in Thailand.

Health-Related Reasons for Visa Denial

Circumstances do change and you should have a specialist to look at your options wherein you might have to start the legal process again. Mental illness and other medical illnesses do change and you would have to provide proof of these changes. Not having all your vaccinations will be the most common issue and you can change this once you have proof of the required vaccines.

Your fiancée or wife will either need to find these which can be difficult but there would be a check for the most common vaccinations such as mumps, measles, polio, rubella as well as tetanus. Note however that there will be a check for HIC/AIDS as well as measles and Hepatitis.

Hepatitis B affects a number of people in Thailand. Estimates in Thailand for Hepatitis B is between 5 and 9% in the urban centers while more prevalent in the rural areas as between 6 and 12 % of the population. Again depending on the reason for the denial you will need to speak to a lawyer in Thailand and it consequences. If you did not know then you might have to have yourself tested as well for any illnesses that you did not know about.

Vaccinations in Thailand

Measles in Thailand is another issue and vaccinations for this in Southern Thailand tends to be lower. This is mainly due to religious reasons and there was an anti-vaccination push for many years. You will need to find the measles vaccination certificate for your wife or fiancée if you are going to apply for a US visa from Thailand. All settlement visas to the US will need all of these when applying for a visa from Thailand. Measles outbreaks do occur and they tend to be 10 times higher in the South of Thailand.

The last outbreak in Thailand was 4 in 100,000 in Central Bangkok compared to 55 in 100,000 people in the Southern Provinces. Thailand has been Polio free, however, those close to the borders might have an issue due to mutations. You will need to check where you Thai wife was born and you might need a vaccination certificate. These requirements do change so you will need to ensure that you are properly informed. You will need to check with your wife about these issues.

Speak to a lawyer about these concerns as they do become complicated and a visa denial is a costly process. With Hepatitis B in Central Thailand, Measles in Southern Thailand and Polio on the borders you should make sure that all the vaccination certificates are all in order. The health-related reasons for visa denial in Thailand is explained.

K3 Visa Documents

Robert Stan — Fri, 07 Aug 2020 20:22:03 +0000

These are the K3 Visa documents which are needed. USCIS now takes less time to resolve the Form I-130, thus, the current need for K-3 and K-4 visas is rare. To shorten the time your family would need to spend apart, some have gone through the K3 process.

K3 Visa Documents

These are the documents that you will need when you apply for a K3 visa from Thailand. There are also fees which need to be paid and must ensure that you have all those receipts for payment during the visa interview in Bangkok. You will need to have these with you or your immigration lawyer in Thailand will hold on to them for you. Speak to a lawyer about your K3 visa documents. See also the notary public Bangkok.

Documents required:

Form DS-160 – This form will need to be completed for the K3 visa application process. If there are minor children or a minor child then a separate application form for them will also be needed. A DS-160 confirmation page is necessary when you start the process and will also be brought to the US Embassy in Thailand during the interview.

Valid Passport – Your Thai wife will need a valid Thai passport with a longer expiration date as the US visa will be processed for a while and the adjustment of status would still need to be done before the passport expires. You don’t want an expired passport half way through her stay while in the United States.

Birth certificate – Original or a certified copy, must be translated into English if it is in foreign language.

Marriage certificate – Much like the birth certificate, the original would be required or a certified copy.

Divorce or death certificate(s) – These are of any previous spouse that your Thai wife might have had. Again the Amphurs office also provides these documents for you as they would want an original or certified copy of these.

Police certificate – The police clearance certificate will be required for your Thai wife. If there are any children over the age of 16 then they will also need this from Special Branch Police in Bangkok. As stated, the K4 visa application for a child older than 16 also requires a police clearance certificate.

Medical examination – There is a list of vaccinations and checks which you would need to provide for your wife. Check with an immigration lawyer about these.

Evidence of financial support – You will need to prove that you are capable of looking after your wife financially. There are US poverty lines which need to be looked at. See the issues in the K3 visa explanation page for more information. The Form I-134, Affidavit of Support will also be requested and presented during the interview.

Two (2) 2×2 photographs

Evidence of relationship with your U.S. citizen spouse – This would be a big file with all your photos, email, letters and chats.

This is the basic overview of the documents needed when applying for a K3 visa from Thailand. Always check with an immigration lawyer in Thailand for the latest changes to the process as well as new visa rules which had been introduced in the current year. Always check your K3 visa documents on application.

Criminal Reasons for Visa Denial

Robert Stan — Fri, 07 Aug 2020 20:15:45 +0000

Do you understand the criminal reasons for visa denial in Thailand? There may be a problem if your Thai wife or fiancée has a criminal record in Thailand. What you will note below are a number of crimes and what can be done. Crimes such as politically related crimes will not carry the same as the crime of murder or for drugs. Always take proper legal advice when it comes to crime. US visa in Thailand will require a Thai police record check for the US visa, be this for a spouse visa or a fiancée visa.

Criminal Reasons for Visa Denial

Visa Interview

Even though your wife or fiancée might not have a criminal record, but chances are she could admit to it during the visa interview. And this will create a problem and the visa might be denied.

There will be exceptions in certain cases when your fiancée or wife committed a crime when under the age of 18 and that this occurred no more than five years before the US visa application you are doing now. You will need to take proper legal advice for this as there should also not have had a prison sentence for more than six months. Such case would be under such small crimes as shoplifting wherein the prison sentence was for less than 6 months. Speak to a Thai immigration lawyer about this.

If the crime and conviction falls under purely political crimes then this will not be a major issue. Again you will need to speak to a lawyer about this and it would be best to speak about this before the visa application process starts. Issues related to drugs and the usage of drugs is a big factor. Crimes such as drug trafficking and prostitution convictions would be a major issue however political crimes are not viewed in the same line. The law makes it clear that being convicted of a crime or admitting to a crime or any act that would constitute a crime will be denied a US visa.

One last issue is where the official might view your wife or fiancée as a risk for transferring sensitive information out of the US. This will also lead to a visa denial. If she is also viewed as being a security risk for terrorism then the visa will most likely be denied. These are some of the reasons for a criminal reasons for visa denial.

What are the most common issues in Thailand?

Those who have been deported before. This might not be what you are thinking but it is amazing how people know their fiancée or spouse well. This would be the most common crimes and you will need to speak to a lawyer about this. Soliciting while in the US before would also be another issue. Incorrect paperwork or a medical concerns will lead to a denial of the US visa.

Lastly, this is quite rare but issues on sham marriages or relationships to get her in the US is a strong ground. This would be evaluated and will show during the interview process. Take proper legal advice from an immigration lawyer in Thailand when it comes to ineligibility and waivers with crime. Speak to an immigration lawyer about the criminal reasons for visa denial.

IR1 Visa from Thailand

Robert Stan — Fri, 07 Aug 2020 19:40:47 +0000

This is the IR1 visa from Thailand for your Thai wife. The IR1 visa is an Immediate Relative status in the US for your spouse and you would qualify if you have been married for more than two years from the date of your marriage registration. If not, then you would need to apply for a CR1 visa from Thailand.

IR1 Visa from Thailand

Note that in this type of visa process you will need to be legally married and your marriage registered at the local amphur’s office. This means that a common law wife is not acceptable. Religious marriages such as traditional weddings without legalities will not be recognized. It is mandatory that you have met your spouse in person and that you can only have one legal spouse. Having multiple spouses will only allow one of them who would qualify for the IR1 visa. Just as the CR1 visa and the K3 visa you will need to follow more or less the same process.

You will start with the Form 1-130 applying for an Alien Relative and this starts with USCIS, United States Homeland Security which ends with the National Visa Center and then a visa interview at the US Embassy in Thailand.

To qualify for the IR1 visa from Thailand, you need to be older than 18 years old to file for this petition. This would only be an issue where there are teenagers who got married with parental or courts consent. You will need to ensure that the Affidavit of Support is also completed. The forms needed would be the Form I-130 as well as the Form I-864. Always take proper legal advice about these forms and what is needed.

IR1 Visa Documents

A joint-sponsor will also be applicable if the petitioner does not meet the financial requirement above the US poverty guidelines set by each state. Finally, there are fees involved in all of these and normally when you arrive for an interview for the visa at the US Embassy in Bangkok you will need to show that you have paid all the fees.

Expected fees will be, the USCIS filing fee upon sending the Form I-130 petition, Form DS-260 fee, Medical examination as well as vaccinations fees in Thailand and police certificate fee. Also anticipate the translations fees as Thai documents must be translated to English for the said process. Upon arrival in the US, there are different conditions. The CR1 visa is a conditional residency which you need to remove the conditional status before the two years expire. The IR1 visa is an immediate residency which does not have this condition. Consider all your options as the timeline for the visas are very different. Speak to an immigration lawyer in Thailand about these difference and options.

Take proper legal when it comes to the IR1 visa from Thailand.

Form DS-160

Robert Stan — Fri, 07 Aug 2020 06:20:49 +0000

What is the Form DS-160? Once you have completed the I-129F to start the immigration process and submitted it to the USCIS, normally, within 30 days they will notify you of its approval or ask for a Request for Evidence if it needs further documents. The process then moves on to the next stage. Always take proper advice when it comes to immigration as delays and denials can be costly.

Form DS-160

Note that the K1 visa will need a separate K2 visa application for minor children of your Thai fiancée. The same goes for the K3 visa where a K4 visa will be needed for any minor children that will also go with her to the United States. Notice also the article on child custody with the US visa that gives you an idea of what is required when taking minor children out of Thailand.

Once all of these are completed then you will be told when your visa interview will occur in Thailand as well as the appointment for the visa medical examination. The following documents will be needed for the Form DS-160 to complete the visa application process.

Two passport photos with the DS 160 of her will be needed;
The original birth certificate of your step-children which you get from the Amphur’s office;
The original birth certificate of your Thai fiancée, also from the Amphur’s office;
Copy of her Thai passport;
Police clearance certificate not older than six months for her from Thai Special Branch Police;
Sealed medical examination results of her.

As for you, you will need to provide certain documents for immigration about yourself. Note that these are included below however you should check with an attorney in Thailand as the process does change from time to time.

Your Affidavit of Support being the Form I-134;
Proof of funds such as your most recent tax returns;
Proof of a relationship (Also your copy of the approved I-129F filed with USCIS)

Always take legal advice on these issues, especially where there are children involved or your fiancée or wife was divorced and there are still child custody issues at hand.

Documents needed

Most of her documents can be obtained at the Amphur’s Office in Thailand. The divorce decree if it was an unopposed divorce. The birth certificates of her children as well as hers. The death certificate if her husband died. This does not take long and easy to obtain the originals.

Vaccinations are difficult as they might have to go to where she went to school and lived in the rural areas of Thailand. This might take a day or two getting those back to Bangkok. The police certificate is in Bangkok and of course she can apply for a passport at the Foreign Affairs office in Thailand.

US immigration is becoming more difficult and they are becoming even stricter. Ensure that all the documents are in order and correct. A single incorrect affidavit or uncertified document can delay the process or even get you a visa denial. Always speak to an attorney in Thailand for more information and contact a Thai law firm for more information.

Child Custody and Parental Consent

Robert Stan — Fri, 07 Aug 2020 06:12:46 +0000

The child custody and parental consent is explained below. If you are married to a Thai and she has a child then you will need to consider the issues with taking the child out of Thailand. You will need to have a permission for this from the father who might object the child to travel with you. This is required for both the K2 visa being for the child of your fiancée and a K4 visa for the child of your Thai wife. Speak to an attorney about this as it can be complicated.

Child Custody and Parental Consent

This is the type of visa which applies for unmarried child under the age of 18. To take this child out of the country would require permission from the other parent. The US Embassy will need to have proof of this as there has to be an evidence that there is a permanent sole legal custody of the child. You will need to speak to your Thai fiancée about this or your Thai wife. There has to be a written agreement on this and it has to be drafted and signed at the Amphur’s office and a letter given from the Amphur’s office in this regard. You will need to have the following:

The original documents showing that your Thai wife or Thai fiancée has permanent, sole, absolute legal custody of the child with no other person sharing legal rights.
The original agreement showing that the other parent has granted permission for the child to migrate and live permanently in the US.

Speak to your attorney about this as there may be issues when it comes to this part of the visa process. You will need to locate the other parent and get them to sign off on the needed documents. These documents are not very complex and the US Embassy has given an example of what documents they will accept. Again, take proper legal advice as you will need to contact the Amphur’s office as well as it will need to be on their letterhead. It must state that:

I, Mr. first name + last name, the father of first name + last name of each child, consent for (my child/my total number of children) to migrate to the U.S. permanently without any conditions.

Again, child custody does become a problem as your Thai wife or Thai fiancé may have been married and there may also be an existing agreement on the issues of child custody. You are going to need to get the person to sign off on giving up parental rights and custody be it sole or joint. Take legal advice on this.

Taking children across international border on a permanent basis is a very complex legal issue. Always take proper advice as each case tends to be different. The other person might not want to sign off on this or the person may have died. You will need to take into consideration all these issues. Speak to a lawyer about the child custody and parental consent as explained above.

US Visa Interview

Robert Stan — Fri, 07 Aug 2020 05:49:36 +0000

Do you understand the US visa interview process? Once you have completed the entire process for the US fiancée visa or Spouse visa you will end this with a US visa interview in Bangkok. You will need to take all the documents with you including all your receipts to show that you have paid for all the visa application fees. There will also be the sealed envelope from the medical review as well as other documents which they will need to see again. Speak to an immigration attorney about what is needed.

US Visa Interview

The point of the interview is to ensure that the relationship is real and that it is not a scam marriage. They will check all the documents again and then ask questions depending on if it is your fiancée or if you have been married for years. They will check how much you know and this will depend on how long you have been married or have known each other. Good examples would be as follows:

Fiancée visa

Where did you meet each other and how long have you been dating?
How many brothers and sisters does your fiancée have?
Is your fiancées parents still alive?
What does your fiancée do for a living or what type of employment does he have?
Where are you going to get married in the USA?

These are very basic questions. It will give them a good idea as to how well you know each other considering how long you have known each other. For a marriage visa such as the CR1 visa and IR1 visa they might expect more and will ask more complex questions. Examples of these would be:

CR1 Visa or IR1 visa

What are your in-laws names?
Where does your husband work in the USA and what does he do?
Where are you going to live when back in the USA?
Do you know the names of his brothers and sisters?
What are the names of your mother and father in law?

When married for a long time the questions may be more detailed and specific as you should know these questions if you have been married for a year or more. Looking for a scam marriage is part of the process as well as ensuring that all the documents are in order and that all the fees have been paid.

Ensuring that she does not have a criminal record is also important as well as the checking of the medical records from the visa medical check is also opened at the meeting. All the notifications, fees receipts and documents which had been submitted. These have to be taken with again in the event that they are looking for something else.

Take proper legal advice and ensure that there are no delays or visa rejection which is not uncommon.

US Visa Form I-129F

Robert Stan — Fri, 07 Aug 2020 04:51:16 +0000

This is the US Visa Form I-129F for your US visa. If you are applying for a US fiancée visa then the US Visa Form I-129F is where the process starts. Always check with an immigration lawyer before starting this process as any errors with the US Visa Form I-129F will create delays and a request for evidence. They might just as well deny you your visa early if the application is incorrect or does not have the proper evidence and completed documents.

US Visa Form I-129F

You have to be a US citizen when applying for a fiancée visa for the US. You cannot use this application process if you are a green card holder. You will need to show your US birth certificate or your certificate of naturalization. Your US passport or citizenship document will be needed for this process. If you are a permanent resident of the United States then speak to a lawyer about your status as well as what would be needed for your fiancée visa application.

Ensure that your Thai fiancée has a passport that has a long expiration date. You don’t want to have an expired passport before the process is complete. This will create additional problems later when she arrives in the US and the adjustment cannot be completed with an expired passport. It’s simple to obtain a valid Thai passport and does not cost much or take very long. Moving a visa from the old passport to a new one is time and cost consuming while you are in the United States.

CR1 Visa Documents

The next step is to collect all your emails, letters and photos which you are your fiancée had exchanged to prove it’s a valid relationship. This tends to be a large file and you will need to fill this requirement so that there is no doubt in their minds that it is not a scam marriage. The other reason for this is that you have acutely met each other. With many arranged marriages people have not met each other. This is one of the most important files you will be making.

You are also going to need to state that you will be getting married within 90 days after arriving in the United States. This is important when it comes to the US K1 visa from Thailand. If your fiancée had been to the US before then she might also have a Form I-94 arrival-departure record which will also show that she has been to the US before and that there had been no issues. This will also show that she had not been deported from the US as that will be a visa denial right there. If your Thai fiancée had been deported before then you can expect a visa denial based on the deportation.

The K1 visa from Thailand takes on average 7-8 months before it is issued. If you are having a delay with incorrect documents and had received a Request for Evidence then this will slow it even further.

Take proper legal advice when starting the process.

US Poverty Line

Robert Stan — Thu, 06 Aug 2020 22:21:17 +0000

What is the US Poverty Line with immigration. The US poverty line is for those who are applying for the US visa. This can be a US spouse visa or a US fiancée visa. You will note that you will need to be 125% over the poverty line. If you are an active US military then you only need to be at the poverty line. Each state has its own US poverty lines. You will note that the poverty line for Alaska is much higher than the poverty line in California as the cost of living is higher.

US Poverty Line

Also note that the poverty lines will depend on how many people are in the household. The larger the members in the house the higher the will be required. See the note below as to how to calculate this however you will need to speak to an immigration lawyer in Thailand for more information and accuracy.

US Poverty Line – 48 States

Household Size HHS Poverty 125% of Poverty Guideline

2 $17,240 $21,550

3 $21,720 $27,150

4 $26,200 $32,750

5 $30,680 $38,350

6 $35,160 $43,950

7 $39,640 $49,550

8 $44,120 $55,150

Add $4,480 for each additional person Add $5,600 for each additional person

You will note that the poverty line on the left is for the 48 States while the column on the right is for Alaska. The right column numbers are much higher as the cost of living is also much higher. You can also add additional income such as the equity in your property as an income and you will need to speak to an immigration lawyer about this. The example used is where you have a house with a mortgage bond of $50,000 however its value is $90,000. The difference between the two is the value of the equity in the house. This difference can be added to as an asset.

Always take proper legal advice when it comes to US immigration services as a visa denial will delay the process or get the visa application denied. Also note that if all the paperwork is not complete that they might send you a notice for more information. You can search this website for more information on the Request for Evidence which will comes at the beginning if all your documents are not completed.

Request for Evidence

Robert Stan — Thu, 06 Aug 2020 22:17:48 +0000

What is the Request for Evidence? It is not a wise idea to apply for a fiancée visa or a US marriage visa when you are not certain about the process or the documents needed. These will cause delays as well as a US visa denial if you have provided incorrect information. The Request for Evidence comes early in the process when you have either forgotten documents or where the translation is not certified or incorrect. Always seek proper legal assistance when it comes to immigration matters as delays can be costly.

Request for Evidence

When the Form I-130 has been filed for your visa application with the USCIS they might send you a request for evidence if there is a problem. As stated most times it’s an error wherein documents are incomplete. If you do not respond then they might very well deny you your visa application. This is a bad sign at the start of the visa process. The process comes to a stop until your provide the needed information.

Request for Evidence and the Notice of Intent to Deny

These are two different issues. Take proper legal advice as this is only a very brief overview and everyone problems are different. The Notice of Intent to Deny shows that your visa is more likely than not going to be denied. They will send you a list of what is needed and you will need to provide this evidence. They will also give you a timeline on this. Best to seek legal advice at this stage as a visa denial is going to be costly.

Many times the translated documents are not certified or incorrect and they might then send you a Request for Clarification. Again take a look at your documents and see if you have had a bad translation or that the documents you sent are incorrect. This very seldom happens when you have used a law firm for the process.

Do you have any inconsistencies with your documents?
Is all the documents needed there and been submitted?
Are the documents deemed original from a government body instead of from a lawyer?
Is there a translation problem or certification problem with the documents?

If the errors are fixed and submitted then there should not be a big delay. This delay might be 15 days from the immigration services but comes down to how long you take to respond. The longer you take the bigger the delay and the possibility that they will simply deny you your application.

Immigration is a very complex issue and there will be delays and a visa denied if you do not correct any errors. Visa denials are common and they will require an expert lawyer when it comes to fixing them. They also become very costly as the lawyer would need to explain and provide proof as to why documents are incorrect or why there was the misunderstanding and not fraud at play.

Speak to an immigration lawyer today for more advice and assistance.