The following is one of many articles written by this author discussing the immigration options of those wishing to bring a Thai fiancee (or wife) from Thailand to the United States. As US Immigration law can be fraught with peril for laypeople, this article seeks to provide relevant information for those interested in the process.

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. In Thailand, there exists a misperception that negative judgments from the US Embassy are subject to an appellate process. 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 wise to retain an attorney in order to properly craft an argument regarding extreme hardship.

(Note: Nothing in this article should be construed as creating an Attorney-Client Relationship between author and reader. The above information are not intended to be utilized in lieu of personalized legal counsel from a competent licensed lawyer.)


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Benjamin W. Hart is licensed to practice law in United States Federal District Court. He currently works in Bangkok, Thailand as Managing Director of Integrity Legal (Thailand) Co. Ltd. For more, please see k-1 visa thailand or fiancee visa thailand