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ResourcesVisa & Immigration LawUS Immigration LawIR-1, CR-1, K-3 Visa Applications from Thailand: Medical Examination Requirements

IR-1, CR-1, K-3 Visa Applications from Thailand: Medical Examination Requirements

Transcript of the above video:

As the title of this video suggests, we are going to be briefly discussing the medical examination requirements of the K-3, CR-1 and IR-1 visas. For those who are unaware, these are the three marriage visa categories for those married to United States citizens and we see a rather frequent number of those kind of cases process through the US Embassy here in Thailand.

Medical examination requirements: First of all it should be noted, there is another video on this channel which discusses medical examination requirements in a K-1 context. They are largely similar, but there are a few, there are really not a lot of major differences but for those who are looking for this information in more of a K-1 context, I strongly recommend checking out that video.

With respect to US marriage visas, notwithstanding the fact that an individual is married to a United States citizen, they are required to undertake a medical examination in order to be proven medically fit to travel to the United States to take up residence. It is a sort of common misconception that these medical examinations can sort of be just undertaken anywhere, that is not the case. There are specifically designated Civil Surgeons by the US Embassy that have to undertake these examinations. They have to conduct them in order to comply with the relevant statutory code and to meet certain standards that are inherent to what the Consular Officers have to maintain in order to issue these types of visas. So the medical examination can only be undertaken by these designated Civil Surgeons. There are designated Civil Surgeons in both Bangkok and Chiang Mai and there are specific places where those exams can take place. Those who undertake the process by utilizing our firm, we generally send a staffer along with the applicant to the medical examination, not to be in the actual examination but to assist in sort of facilitating smoother processing of the documentation and going ahead and getting documentation on hand and compiled for submission to the US Embassy.

A medical examination is relatively important. People can be excluded from the United States on health-related grounds. If they pose a threat to public safety, it is possible to deny the issuance of a visa until such time as that threat of public safety is passed. In the past, HIV was a ground of inadmissibility to the United States. The applicant having being affected with HIV can cause issues with respect to applying for a visa to the United States; now that is not so much an issue. However here in Thailand one issue that does, I won't say frequently pop up but does occasionally pop up is Tuberculosis. Tuberculosis can be present in certain individuals who are not in fact, they are not in fact contagious, but it is an issue that has to be vetted rather painstakingly by the medical examiner's involved and it can sometimes actually slow down the process.

So the thing to take away from this video is a medical examination is required. It is not required up front; that is another misconception. A lot of people think you have got to immediately do it. No it usually needs to occur further down the line. Again the visa process, the application process is sort of a sub process within an overarching longer-term process, so essentially the visa application at the US Embassy again needs to be undertaken, needs to have a medical examination in order to fully process it out and depending on one's medical history, it may take longer or shorter depending on the circumstances again of one's medical history and the other circumstances in the case itself.