PART
2:
Summary:
This section provides information for citizens of Thailand
and their American fiances or spouses when undergoing
waiver applications in the event their US K1 or K3 marriage
or fiance visa application is denied. It explains how
consular officers of the US Embassy in Thailand and
the Bangkok District office of the Department of Homeland
security process waivers following K1 or K3 marriage
or fiance visa application inadmissibility and what
paperwork is normally required for such.
Waiver
Applications: Practical Considerations: In the event
an application for a visa is denied on grounds, the
next step would be to apply for an Application for Waiver
of Grounds of Excludability (Form I-601). Waiver applications
are typically presented to the Consular Officer at the
Consulate or Embassy abroad. Although the Consular Officer
cannot accept or deny the application, he can make a
recommendation to the appropriate officials at the BCIS
and forward the application to the Deparment of Homeland
Security: Bangkok District Office, Sindhorn Building
- Tower 2, 15th Floor, 130-132 Wireless Road for a decision.
In
addition, a Consular Officer, will, in the process or
handling a waiver application, interview the individual
and other qualifying individuals, and make efforts to
complete the processing of the application. The Officer
may also assist in filling out the form, obtain other
relevant documents, and ensure that the form contains
complete and accurate information.
Some
of the information needed for filing a waiver may include:
a. Letters of reference from individuals who can personally
and knowledgeably vouch for the applicant's character
and reputation in the community;
b. A letter from the applicant's employer stating the
applicant's job title and period of employment;
c. An affidavit from the applicant addressing the 3
main criteria for entering the United States;
d. Copies of any prior criminal conviction records and/or
letters from physicians, if applicable;
e. Documentation regarding previous waiver applications;
and
f. Filing fee (required in most instances).
In
cases where an individual knows in advance that he or
she may be ineligible based on one of the grounds listed
above, it is best to apply for a waiver at the same
time as the visa application, instead of waiting until
the visa application is denied. A fee is generally not
required when applying for a waiver if the visa applied
for at a U.S. Consulate or Embassy. For waivers in consular
processing cases, the time to wait for the waiver is
usually the same as the duration of the nonimmigrant
visa sought. For waivers where no visa is required waivers
were can be granted for up to 5 years.
Approved
waivers are generally valid for one year for either
single or multiple entry. Exceptions for a period of
up to four years are granted to individuals who require
frequent travel in and out of the U.S. The reasons for
frequent travel must be established and verified with
the Consular Officer.
