Q: I tried to submit an application for my fiancee’s visa by walking it through at the US Embassy, but was turned away. What is going on?

A: There is a new procedure being used by the US Embassy in Thailand. They are no longer accepting hand-filing of many types of applications. Typically, with fiancé and visa applications, once the applicant is ready to file at the US Embassy, the initial filing may be done by post or email. An interview date is scheduled thereafter. The US Embassy is also announcing certain appointment dates on their website.

Q: Can I transfer my citizenship to my spouse?

A: No, it is not possible to transfer your US citizenship to your spouse. If your spouse wishes to live with you in the US, s/he will need an immigrant visa. After three years as a lawful Permanent Resident married to a U.S. citizen, your spouse may apply to become a naturalized U.S. citizen.

Q: Can I apply for my fiance visa if my divorce is not yet finalized?

A: You may not file the fiance visa petition until your divorce is finalized and you are both legally free to marry. The petition requires you to list previous marriages and divorces and asks for certifying documents evidencing any divorces.

Q: My partner and I are gay. I am a US citizen but my partner is not. What can we do to live together in the US?

A: Gay and lesbian couples are not eligible for fiancé or marriage visas. However, there may be other options that you can consider that may allow you to live together legally in the US. Provided that your partner has a genuine intention and is otherwise qualified, some options may include:

Family sponsorship if your partner has immediate family in the US.

Another possibility is work sponsorship. H-1Bs and L visas are available for people with degrees or equivalent and who are specialists or executives. H-2Bs can be applied for by skilled and unskilled workers, but this process takes far longer.

Two other options are available – applying as a person of extraordinary ability, for those who have achieved international acclaim, and immigrating as an investor, for those with a great deal of money.

Finally, your partner might possibly qualify for asylum if he comes from a country where homosexuals are politically and / or criminally persecuted.

Q: My petition for a fiancé visa has been denied. What can I do?

A: If your petition for a fiance visa is denied, you will be sent details which tell you how to appeal with the denial letter. Generally, you will have 33 days from the date of receipt of the denial letter to appeal. Appeals are filed on USCIS Form I-290B at the office that made the original decision. After you have paid the fee and the form has been processed at the office where you first applied, your appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC.

Q: My wife is HIV+. Can she still come to the US with me?

A: Yes. Although your wife’s application is likely to be initially denied, it is possible to apply for a waiver. Immediate family members of US citizens are eligible for waivers under certain conditions and HIV status is, potentially, a waivable exclusion.