K-1 Visa Interview Issues

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 helping a Thai person through the fiancé visa interview.

Many Thai fiancées approach an impending visa interview with a sense of foreboding and fear. Many are afraid of doing or saying something that would cause them to be denied a visa. Some are confused about what they need to bring to the interview. In a few cases, visa applicants are concerned about a sensitive issue from their past and hope to avoid discussing it or try to hide it.

For those contemplating lying to consular officers at the US Embassy, ​​please note: consular officers are trained to be on the lookout for those who wish to use deceptive techniques to obtain a visa. If one is caught lying to a consular officer, it could result not only in the rejection of the present application, but also in a ban from entering the United States for years. It is always a good decision to give truthful answers to any of the consular officer’s questions.

For those who are simply nervous about the K1 visa interview itself, it may be reassuring to note that consular officers are not in the habit of using the visa interview as a method to intimidate 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 whether the Thai fiancée is not legally inadmissible to the US.

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 221g in that it is not so much a denial as a request for more information. When a 221 g application is made to the Thai fiancée, it usually means that the application was deficient in some way, usually some document is missing. The consular officer will send a form to the Thai fiancée that stipulates what is missing and what needs to be submitted for the consular section to process the K1 visa.

If a fiancée receives a full denial because the consular officer made a decision that the relationship was not in good faith, then that decision is unlikely to be subject to appeal. However, if the consular officer finds the K1 visa applicant legally inadmissible to the US, then a waiver may be available for that ground of inadmissibility.

(Please note that the content contained herein is to be used for informational purposes only and should not be inferred to create an attorney-client relationship between the author and any subsequent reader. Legal advice should always be obtained from a competent licensed attorney) .