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Thread: Bringing a Thai Child to the United States

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    Siam Legal
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    Bringing a Thai Child to the United States

    Travelling to the U.S. with the intention of getting married and building a family is one of the noblest decisions of a Thai K1 Visa holder. It shows her sincerity to stay with the man she loves and the family she will soon be building with him.

    If, however, she has a child to bring from the Kingdom, would things be easy for her? Well, it could be. What she has to do is to apply for a K2 Visa for her Thai child.

    US K2 Visa in Thailand

    What is a K2 Visa?

    This type of visa is a derivative of the K1 Visa, which is granted to a child of a K1 Visa holder. This enables the child to travel to the U.S. along with her Thai mother, who is herself engaged to a U.S. citizen, and settle there.

    Furthermore, it allows its holders to stay, study and work in the U.S. However, the K2 Visa holder still needs to secure a work permit.

    Qualifications

    An application for a K2 Visa for the Thai child may seem easy, but it is never a give-away to Thailand K1 Visa holders. The child must meet certain requirements and provide documents as follows:

    • Valid passport
    • Complete non-immigrant application form, with two (2) recent colored photos attached
    • Notarized birth certificate
    • Permit to travel to the U.S. issued by the other parent (in cases of stepchild/stepparent relationship)
    • Successful results from medical examinations
    • Be below twenty-one (21) years old
    • Be unmarried
    • Be below eighteen (18) years old at the onset of the relationship between the mother and the petitioner


    Procedure

    To apply for a U.S. K2 Visa in Thailand, all necessary documents must be submitted to the U.S. Embassy in Bangkok. The Embassy will then require the applicant to come to the office for an interview, the success of which will greatly determine basis for the approval or denial of the application.

    Once granted, the K2 Visa holder may travel to the U.S. with his or her K1 parent, or just follow her a year after. If denied, the applicant must apply for another visa which would allow him or her to travel to the United States.

    The child is given ninety (90) days to stay in the U.S. during this period, and the marriage between the Thai mother (K1 Visa holder) and the U.S. citizen must take place within this time window, or else the K2 Visa holder will be required to go back to Thailand within thirty (30) days.

    After the marriage takes place, an Application to Register Permanent Residence must be filed using Form I-485.

    Limitations

    Like many other visas, a K2 Visa also has its limitations. Its non-immigrant status cannot be converted to others of the same kind, and the applicant must not have previously violated U.S. immigration laws to receive one.

    It is important to note that the child’s name must have been previously included in the I-129F petition filed by the U.S. citizen in order to pursue an application for a K2 Visa.

    Applying for a U.S. K2 Visa in Thailand would be easier with the assistance of experts. Thus, it is strongly recommended that competent Thailand lawyers be consulted to assist with the whole application process.

    This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes legal guides acquiring Thailand US Visas on its website.

    Siam Legal International
    Interchange 21 Building, 23rd Floor, 399 Sukhumvit Road
    North Klongtoey, Wattana, Bangkok 10110
    Tel: 662 259-8100
    Last edited by Siam Legal; 31st October 2011 at 15:33.

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