If you have applied for a K-1 Visa and have a child in Thailand or your Thai fiance has a child in Thailand then the child can go with you to the Us if they have a K-2 Visa is normally is applied for with the K-1 Visa application. The requirements and rules for the K-2 Visa are as follows. Note that when applying for a K-1 Visa you need to declare the child/children on the application forms for your Fiancee’s US visa so their applications can be linked.
Note that the K2 Visa can only be issued within 1 year from when the K1 Visa has been issued. It is not an open-ended visa. It has to be applied for within 1 year from the K1 being issued. As stated before the K2 is normally done at the same time as the K1 Visa.
Being a derivative visa (i.e an add-on visa), all documents pertaining to the K1 Fiancee Visa like the Form I-129F, Petition for Alien Fiancee visa, must also indicate and include the name of the child/children as your Thai fiancee’s child/children. If this is not added to the K1 Visa application obtaining the K2 Visa later will be very difficult.
Once the in the K1 Visa petition has been filed with the USCIS and is granted, the relevant documents will be forwarded to the National Visa Center or NVC. They, in turn, will send it to the Us Embassy in Bangkok and notify your fiancee in Thailand. At this time they will also schedule the normal embassy interview and additional instructions or documents which might be needed.
What happens after entry?
The K2 holder’s privilege to stay in the United States is conditional and based on the marriage of the K1 Visa holder and the US citizen who filed the Form I-129F petition in her favor. For this reason, if the marriage does not take place within the prescribed 90 day period the K2 visa holder may be removed or deported with the mother – your Thai fiancee.
Call us today about your K1 Visa with K2 Visa application in Thailand.