What To Do If Your Fiancee's United States Visa Application Gets a Denial - By: Benjamin Hart

This and other articles written by this author are designed to provide general information regarding US Immigration matters specifically from South East Asia. There are different reasons for visa denial which can be confusing to some applicants. This specific piece focuses upon US Visa denial at the American Embassy in Thailand.

Trumpeted worldwide as the "Land of Smiles," Thailand is one of the most beautiful and enticing countries on Earth. An added bonus on top of Thailand's natural beauty is the natural beauty, grace, and charm of Thai women. Many travelers arriving in Thailand find themselves not only captivated by Thailand, but by the Thais as well.

Although it is not a topic that most people wish to discuss, the fact remains that K1 fiancee visa denials do happen and there are strategies and legal remedies for almost all types of K1 denials. There is a somewhat common misconception that adverse decisions from the US Embassy can be appealed. In reality, nearly all decisions made by consular officials cannot be appealed. The doctrine of consular absolutism holds that the decisions made by consular officers are final and beyond appeal, therefore any decision made regarding the disposition of a K1 visa case would be a decision with no recourse for appeal.

What can be done when a US Fiance visa petition is not approved? First it must be determined why the application was denied. If the application was denied based upon a factual determination that the relationship was not bona fide, then that determination is likely not subject to an appeal process. However, should the decision be reached that a legal ground of inadmissibility exists, then that finding of inadmissibility may be waivable.

A waiver of inadmissibility can generally be obtained by filing an I-601 application for a waiver with United States Citizenship and Immigration Services (USCIS). In Thailand, the two more common grounds of inadmissibility are based upon a finding that the beneficiary overstayed in the USA on a previous visa or a presumption that the beneficiary was involved in prostitution. Another often seen ground of inadmissibility in Thailand involves a beneficiary who has committed crimes of moral turpitude in the past. Any of the grounds of inadmissibility mentioned above could be overcome by filing for, and receiving approval of, a waiver. That being said, in order to obtain a waiver one must prove to the officer making a ruling on the application that not granting the waiver would result in the petitioner suffering hardship of an extreme nature. It may be a prudent decision to procure the services of a qualified lawyer with experience in US Immigration matters to prepare an application for waiver based upon an argument of extreme hardship to the petitioner.

(Note: No part of the information contained in this article should be interpreted as creating client-Attorney relationship between the writer of this piece and anyone reading it. This article should not be used as a substitute for individualized advice from a competent licensed attorney.)

Information regarding K1 fiancee visas and what to do in the case of denial.

To find out further information on this and related US Immigration topics, please see US Immigration Lawyer Thailand or K1 Denial Thailand