Integrity Legal

Posts Tagged ‘Packet 3’

6th April 2009

In an earlier post Packet 3 was briefly discussed and explained. This, to a certain degree, begged the question: what is packet 4? Packet 4 is the packet that includes the: pertinent medical exam requirements, interview appointment and information regarding the visa interview at the US Embassy in Bangkok, Thailand. It should be noted that this phase of the US visa process occurs after the petition has been approved by USCIS and the National Visa Center and is pending final approval from the consular officer at the Embassy.

Packet 4 is probably the most important, albeit least discussed, piece of correspondence from the US Embassy because it contains the visa appointment information.

The Visa interview is one of the most daunting aspects of the American Immigration process. One of the reasons for this is the fact that Thai prospective immigrant are sometimes nervous because they lack fluency in English. There is some consolation in knowing that the staff at the American Embassy Bangkok does employ native Thai speakers and the Embassy officials do try to assist non-native speakers of English. That being said, they still are required to perform their job which is, in a way, that of performing due diligence and making certain that the applicant should be granted a visa.

In the case of US Family Visas (the K1 Fiance Visa and/or the US Marriage Visa), the “due diligence,” consists of ascertaining that the underlying relationship is in fact bona fide and making certain that the applicant is not inadmissible for any reason. Preparation for the visa interview often consists of going over possible questions with the applicant so that the best presentation of the underlying bona fide relationship is put forward.

There are certain Grounds of Inadmissibility and if the Thai applicant is inadmissible then the applicant will be denied a visa one must file a waiver application at Bangkok USCIS. The I-601 Waiver of Inadmissibility is discussed elsewhere, but it is mentioned here to explain the possible outcomes of the visa interview.  A finding of inadmissibility is not a common thing in the context of US family Immigration, but it should be noted that it does come up. If worried that one’s record may be grounds for a finding of inadmissibility, one should seek legal counsel. However, one should never lie to the Consular Officers at the US Embassy.  The problem with lying about a ground of inadmissibility is the fact that if one is caught lying (which is highly likely) then they will probably be found inadmissible for both the issue they were trying to cover up as well as lying to the consular officer and if a waiver is sought, then the lie has placed their credibility at issue which could diminish the chance of waiver application approval.

Note: Nothing contained in this post should be used in lieu of legal advice from a competent licensed attorney

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4th April 2009

Many people become concerned when it becomes time to prepare for the visa interview at the US Embassy in Thailand. Since the US Visa obtainment process can be a true, “hurry up and wait” game there are sudden flurries of activity followed by lulls of inaction. Packet 3 can be a stressful time for the Thai-American couple because it requires a great deal of document gathering and compilation. This is difficult for Americans gathering documentation, but for a Thai fiancee or spouse it can be nearly overwhelming. In some cases, people opt to hire a US visa lawyer in Thailand, but some opt to compile the necessary documentation on their own. Whichever path is taken, this post will shed some light upon what packet 3 is and what needs to be done to fulfill the packet 3 requirements before the Visa interview at American Embassy in Thailand.

What is Packet 3?

Packet 3 is the list of documentation and instructions for the visa interview at the US Embassy. Non-Immigrant Visa Applicants (K1 Visa and K3 Visa) will receive packet 3 from the Embassy in Thailand.  Immigrant Visa applicants (CR-1 and IR-1 Visas) will receive packet 3 from the National Visa Center rather than the US Embassy in Bangkok. The National Visa Center conducts a more extensive background check on immigrant visa applicants due to the fact that an immigrant visa confers permanent residence upon entry into the USA.

Some of the documentation can be difficult to obtain. This is especially the case in situations in which the applicant is registered on a Tabien Baan in a province far from Bangkok and must obtain documentation from the Amphur in his or her home amphur office. Name change certificates are one of the most sought after pieces of documentation that is difficult to obtain because they must be obtained from the Amphur and Thais tend to change their names far more often than Americans due to the fact that name change is a much less difficult endeavor for Thais.

Having an attorney with knowledge regarding the US Immigration process can be extremely helpful for getting a jump-start on the packet 3 process. Having foreknowledge of what documents are needed for packet 3 can greatly speed up the process because one can inform the Thai applicant as to what is needed beforehand and thus prepare accordingly.

For more in depth instructions regarding packet 3 click here

Please note:  nothing in this post should be taken in lieu of competent advice from an attorney and no decisions regarding any aspect of US Immigration should be made without extensive research and thoughtful calculation.

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