K2 Visa Requirements for Thai | Siam Legal International

 

K2 Visa Requirements

for Thailand

K2 Visa Application Process from Thailand

Are you a US citizen planning on marrying your Thai fiance in the United States? Does your fiance have children they want to bring with them? A K2 visa allows the Thai fiance of a US citizen to bring their children with them when they travel to the United States to get married. Your Thai fiance's children can apply for a K2 visa at the same time your fiance is applying for their K1 (fiance) visa. Your fiance's children can only receive a K2 visa if your fiance receives a K1 visa.

Successful K2 visa applicants can travel to the US with their parent or follow them later. K2 visa holders have one year to enter the United States from the date their parent's K1 fiance visa was issued. They can travel to the US with their parent, or fly in later by themselves. K2 visa holders must apply for a green card within 90 days of their arrival or leave the United States.

Who Is Eligible For A K2 Visa

Only unmarried children of a K1 Visa applicant can apply for a K2 visa. K2 visa applicants must be under 21 years old. If your fiance's child has been barred from traveling to the United States for previous immigration violations or has a serious criminal record they may be barred from receiving a K2 visa.

When to Apply for a K2 Visa

If your Thai fiance wants to bring their children with them to the United States, you should apply for their K2 visa at the same time that you apply for your fiance's K1 visa. Be sure to name your fiance's children on the I-129F you file for your fiance. If the child is named on the I-129F petition you file for your fiance, you will not need to file a separate I-129F for them. When the I-129F petition makes its way through the system and reaches the US Embassy in Bangkok you will receive an instruction packet outlining which documents and forms you need to gather to obtain K visas for your fiance and their children.

The K2 Visa Application Process

Document Gathering

Once you or your fiance receives the K visa instruction packet from the US Embassy you should start gathering the required documents and filling out the required forms. The quickest way to complete the K visa application process is to gather K1 documents for your fiance and K2 documents for their children at the same time. Separate application forms are required for each K visa applicant, so follow the instructions carefully and make sure you submit a complete set of forms for everyone who needs a K visa.

Everyone applying for a K1 visa needs to submit a birth certificate. If no birth certificate is available you can use school, hospital or baptismal records instead. Everyone also needs a valid passport and two passport-sized photos.

Young Children

Your Thai fiance is required to show that they have permanent custody of any minor children applying for K visas. You can satisfy this requirement for children born in wedlock by producing a divorce decree giving your Thai fiance permanent custody of the child, or an official statement from a Thai court or Amphur granting your Thai fiance permanent custody and permission to permanently move the child to the United States If the child was born out of wedlock a different certificate must be obtained.

Older Children

If the child applying for a K visa is 16 or older, you also need to obtain a certificate from the police showing whether or not they have a criminal record. You can do this at the same time you get a police certificate for your fiance.

Medical Examination and Interview

Everyone applying for a K visa needs to complete a medical examination. The US Embassy will provide a list of approved locations in Bangkok and Chiang Mai. Applicants may be required to receive additional vaccinations before they travel to the United States.

Once the medical examination is complete there will be an interview at the US Embassy in Bangkok. When the embassy schedules the appointment they will let you know who needs to attend and who does not. Although some of the children may be required to show up, your Thai fiance will end up answering most if not all of the questions.

After the Visa is Issued

If the interview is successful all K visas should be available for pickup at the embassy in about two business days. K2 visa holders have one year to enter the United States from the day their parent's K1 visa is issued. They are not allowed to enter the United States before their K1 parent, but they are allowed to travel with their parent and enter the US at the same time. K2 visa holders have 90 days after they arrive to apply for a green card and adjust their immigration status from temporary visitor to permanent resident. The US citizen step-parent must file an I-485 on the child's behalf to initiate this process. Keep in mind that you cannot adjust the status of your fiance or their children until after your wedding.

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