There are always visa denials in Thailand and these occur for a number of reasons. The most common issues tend to be that the Thai woman has been to the US before and overstayed her visa.
The next problem would be incorrect documents. The other common problem tends to be prostitution and illness. These are the most common issue with a visa denial in Thailand. Speak to an attorney if the visa has been denied.
US Visa Denial on Legal Grounds:
These are the most common as the visa is denied as the person is seen as a danger to US citizens in the United States or has committed a crime or suffers from an illness. The visa denials would fall into one of the following situations:
– Committed a crime which has been deemed reprehensible;
– Has violated any controlled substance law in any jurisdiction;
You can apply for a waiver if one of the above had been committed however on appeal she had been found innocent. This is a mere example of what the I-601waiver is for.
– She is carrying a communicable disease;
Note very common in Thailand but TB is going to be a problem. Once the TB has been treated and something of the past she can use a waiver in order to be considered again. Much like the criminal issue listed above you can apply for a waiver in a visa denial based on legal grounds by showing that the denial is no longer applicable. You need to speak to an immigration lawyer about this.
Visa Denial under Section 221g
This is also another common denial for a visa in Thailand. The most common times this occurs is when the documents are incorrect or not all the documents requested has been provided. It’s not a visa denial as such but a visa denial pending further documents. This is very common for people trying to obtain a visa on their own. Most common documents short in Thailand:
- Immunization certificates
If you are applying for a visa to the US then speak to a lawyer in Thailand to ensure that there are no delay in the visa application process. This is just one example of documents which most commonly are forgotten in the visa application.
Visa Denial under Section 214b
She has applied for a US tourist visa however told the US Embassy in Bangkok that she has an American boyfriend. They will consider this as being a problem and that she will not return to Thailand but overstay in the US or get married without going through the proper process such as a K1 visa or K3 visa.
These are the most common visa denials in Thailand. There is also a factual denial of a visa which you cannot appeal as this is where during the interview the consular staff believe that you had lied on your application for the visa. Speak to a lawyer if you are planning on getting married in the US or taking your Thai wife back home. It might and normally actually saves you money and stress in the long term.