The highlight of the United States visa process is the K1 visa interview. This phase of the process may be the earliest, second only to the approval phase. In many ways, a US visa attorney can be helpful in helping a Thai with the fiance visa interview.

Many Thai fiancees approach an impending visa interview with a sense of apprehension and fear. Many are afraid of doing or saying something that will lead to the denial of their visa. Some are confused about what to bring to the interview. In some cases, visa applicants are concerned about a sensitive issue in their past and hope to avoid discussing it or trying to hide it.

For those contemplating lying to consular officials at the U.S. Embassy, ​​be advised: Consular officials are trained to be on the lookout for those who wish to use deceptive techniques to obtain a visa. If someone is caught lying to a consular official, it could result not only in the rejection of the present application, but in a ban on entry into 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 can be reassuring to point out that consular officers are not in the habit of using the visa interview as a method of criticizing a Thai fiancée. Instead, the visa interview is a means of conducting due diligence in an effort to determine if a couple’s relationship is in good faith and if the Thai fiancée is not legally inadmissible in the US.

Often times, K1 visas will be denied under 221 (g) of the Immigration and Nationality Act. The word “denial” is somewhat misleading in the context of 221g in that it is not so much a denial as a request for more information. When a 221g application is submitted to the Thai fiancee, 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 fiancee 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 total denial because the consular officer made the decision that the relationship was inauthentic, that decision is unlikely to be subject to appeal. However, if the consular officer finds the K1 visa applicant legally inadmissible in the US, then there may be a waiver available for that inadmissibility ground.

(Please note that the content of this document 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).