US Visa Denial

The US visa denial in Thailand will need to be followed by an appeal. They will provide you with a reason for the denial. If you are applying for a US visa be this a K1 Visa or K3 Visa then you need to ensure that your Thai wife or Thai spouse will be able to comply with the visa requirements. We have listed the financial requirements for the US visa which you would also need to be met on another page of this website. Most declined visas tend to be because of inadmissibility and a visa waiver needs to be obtained if needed.

US Visa Denial

Your Thai spouse or Thai fiancée will not be allowed into the US if she:

  • Committed any crime deemed morally reprehensible;
  • Has violated any controlled substance law in any jurisdiction;
  • She has been suspected of being involved in illegal drug trafficking;
  • She is or was involved in an illegal profession such as prostitution;
  • If she is a habitual drug user;
  • She is mentally or physically challenged and deemed a threat to herself or others;
  • If she is carrying a communicable disease(s) that is a threat to the health of the public;
  • She has two or more convictions with sentences totaling five years or more;
  • If she has been deported from the US for overstaying 5 years before

Errors when you dont use an immigration lawyer

Generally there are some issues which does get overlooked and these are the general mistakes or problems that have been encountered broadly. For these you will need to speak to an immigration lawyer about, if your visa has been denied. Many times these tend to be people who attempt the US visa application process on their own. Mistakes and errors occur as they have never done this before.

You dont have an authentic marriage

If your marriage was not registered with the Thai government and you only had a ceremonial marriage. This would not be seen as an authentic marriage. In certain countries where interfaith marriages are prohibited, the marriage would not be legal either. Also where you had a same-sex marriage when it is not legally recognised in that country, it will not be authentic or valid either. Same sex marriage is not recognized in Thailand. Finally there might an issue where you got married before your divorce was final. 

You have not provided proof that you are an authentic couple. You did not prepare your photos and emails correctly and it does not appear to be a bonafide relationship. The relationship file tends to be very big as it requires much evidence. 

Making mistakes on the visa application forms

It is not uncommon when you have never done a visa application that you missed a signature on the documents. Another problem is where the visa application fees had not been paid and there is no proof of payment. With the US visa interview you normally have to show that you have paid all the fees. This will present a problem. 

The photos are not what is expected in terms of passport type photo’s. Each country has their own definition of photo sizes for visa applications. Thailand is no different in this regard and these errors do occur. If a certain section of the form requires and answer that is no applicable to you, dont leave it blank. You have to write in N/A or “not applicable”. If you leave it blank it will have a different meaning. 

Translations are a major issue as many forget that the name, address and contact details as well as the signature of the translator must be on the documents. Normally this will be on the stamp of the law firm with the immigration lawyer signing. Most common error with these is that the original and the translated versions need to be submitted. Many will only submit the translated version and leave the original out. 

Financial Requirements

The sponsor has not met the US visa financial requirements of 125% of their States poverty line. Note that the poverty line is also going to depend if you are bringing your step children with. The annual income differs as the family gets larger. See also the article on the income requirement for the K1 visa as well as the K-3 visa requirements. Also see the US tourist visa for a Thai girlfriend

Common Issues in Thailand 

You can consult an immigration attorney in Bangkok for assistance with a visa waiver for a certain type of US visa denial. Note that these are very difficult to obtain. It does take time to have the visa issued once it has been denied. A good example would be someone who was a habitual drug user before. You would need to prove that the person is no longer a drug user. The situation has changed since the visa was denied. Again the issues are complex when it comes to a visa waiver or visa appeal in Thailand.

The most common issues for US visa denial in Thailand would be:

  • The applicant did not provide vaccination certificates as requested;
  • Also the applicant committed a crime while under 18 and it was more than 5 years ago;
  • The applicant was convicted of prostitution but it was more than 10 years ago;
  • Also the applicant was deported from the US more than 5 years ago.

The issue of a visa waiver is very complex and the laws do change. If your Thai wife has been deported for overstaying in the US before as an example she cannot apply for a visa until the 5 years have expired. If this has occurred twice then she would need to wait 20 years to apply for a US visa again. These are common examples and it is best to speak to an attorney in Thailand first before starting any appeals process in Thailand.

In conclusion, dont attempt to complete a US visa application by yourself. It can become costly, frustrating and can place additional pressure on the family if you start to fumble.  Speak to an immigration lawyer in Thailand – Speak to us now!

Visa Refusal FAQ

US TOURIST VISA DENIED IN THAILAND?

If your US tourist visa has been denied in Thailand then it would normally be under Section 214b of the US Immigration and Nationality Act. You have normally failed to prove your strong links to Thailand. Your Thai girlfriend might have a stronger link to you in the US than her country which makes her a risk.

US MARRIAGE VISA DENIED IN THAILAND?

It is very rare in Thailand to be denied a family visa in Thailand. These are the K3 visa, CR visa or the IR visa. If there is a denial it is usually that there are mistakes in the documents or there was a failure with regards to the police clearance or medical checks,

US VISA LEGAL GROUNDS OF INADMISSIBILITY

Legal Grounds of Inadmissibility in Thailand for a US visa will normally be because your Thai wife or fiancee has a criminal record or she might have an incurable illness. You will need to obtain legal assistance with these types of denials as some illnesses may be curable or vaccination given.