K2 Visa Process from Thailand
A K2 visa allows the Thai fiance of a U.S. citizen to bring their children with them when they travel to the United States to get married. Your Thai fiance’s children should 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 U.S. 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 as long as their parent’s marriage took place within 90 days of arrival in the U.S. K2 visa holders must apply for a green card within 90 days of their arrival or leave the United States.
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 has previous immigration violations or has a serious criminal record they may require a waiver or be barred from entering the U.S.
K2 Visa Application Process
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 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.
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.
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.
Medical Examination and Interview
Everyone applying for a K visa needs to complete a medical examination at an approved location in Bangkok or Chiang Mai. Applicants may be required to receive additional vaccinations before they travel to the U.S.
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 visa interview questions. If the visa interview is successful all K visas should be available for pickup at the embassy in about two business days.
Category: US Fiancee Visa, US Immigration, US Spouse Visa
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Siam Legal is a full service law firm but it has an extensive range of immigration, corporate, and real estate experience accessible to clients both domestically and internationally. It has offices strategically located throughout the major cities in Thailand including Chiang Mai, Pattaya, Hua Hin, Samui and Phuket along with international representative offices in Australia, London and Las Vegas.
