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| Visa
Waiver |
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Non-immigrant
visitors to the United States generally need a visa to enter
the USA. However, citizens of certain countries may be eligible
for a visa waiver to visit the United States for up to 90
days without applying for a visa. Only nationals of certain
countries may qualify for the US visa waiver program to travel
to America without a visa. |
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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 ( fiancee
) 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. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
