K-1 Visa Interview Questions
The culmination 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 attorney can be helpful in assisting a Thai person with their fiance visa interview.
Many Thai fiancés approach an upcoming visa interview with a sense of foreboding and dread. Many fear that they will do or say something that will result in their visa being refused. Some are confused about what to wear to the interview. In several cases, visa applicants are concerned about a sensitive matter from their past and hope to avoid discussing it or seek to conceal it.
For those who intend to lie to consular officers at the US Embassy, be aware: Consular officers are trained to watch for those willing to use fraudulent techniques to obtain a visa. If someone is caught lying to a consular officer, it can result not only in the denial of the current application, but also in a ban from entering the United States for years. It is always a good decision to give truthful answers to each of the consular officer’s questions.
For those who are simply worried 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 of beating up a Thai fiancee. Instead, the visa interview is a means of conducting due diligence in an attempt to determine whether the couple’s relationship is bona fide and the Thai fiancee 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 221g in that it is not so much a denial as a request for more information. When a Thai fiancee is presented with a 221g request, it usually means that the petition was deficient in some way, usually some document is missing. The consular officer will send a form to the Thai fiancee stating what is missing and what needs to be presented in order for the consular department to process the K1 visa.
If a fiancee is denied outright because the consular officer has decided that the relationship is not bona fide, then that decision is unlikely to be appealed. However, if the consular officer determines that the K1 visa applicant is lawfully inadmissible to the US, then there may be a waiver for that ground of inadmissibility.
(Please note that the content contained herein should be used for informational purposes only and should not be assumed to create an attorney-client relationship between the author and any subsequent reader. One should always obtain legal advice from a competent licensed lawyer.)
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