Crossing Borders: Bringing Thai Children to the United States

Several options are available to a US citizen and their Thai fianc�e or spouse who wish to bring with them their Thai child or children. Children of a Thai fianc�e or spouse enter the United States through a derivative visa. The Thai children must first and foremost be unmarried and under 21 years old. Those who are over 21 years old may still be considered as �children� provided that the petition was filed before the child�s 21st birthday.
Visa Entry
a. K-1 visa
A Thai fianc�e of a US citizen enters the US on a K1 visa. Only a US citizen can apply for a K1 visa. The child or children in turn enters on a derivative K2 visa. The K2 visa will allow the Thai children to follow their Thai parent within 6 months from the issuance of the visa. A K2 visa may also be applied for after the marriage of the US Citizen and the Thai fianc�e, provided it is done within one year from the issuance of the K1 visa.
b. K-3 visa
A Thai spouse enters the US on a K3 visa and a derivative K4 non-immigrant visa status is given to the Thai children. The K3 visa was a result of the protracted wait for the issuance of the Immediate Relative Marriage Visa. It allows the married couple entry to the US while they wait for the processing and issuance of permanent residency status. The K3 visa is therefore the fastest way of getting the Thai spouse to the US.
c. IR-1/CR-1 visa
A Thai spouse possessing IR-1/CR-1 visa may also bring his or her Thai children to the US on a derivative visa (IR-2/CR-2). The Thai children will be considered conditional permanent residents for two years. The CR-1 visa grants conditional permanent status to the Thai spouse, the condition being that the marriage must last for 2 years. An IR-1 visa is also similar to a CR-1 visa only that the permanent residency status is not conditional. The Thai spouse therefore can already work and live in the US from the moment he is allowed entry into the US. To avail of the IR-1 visa, the Thai wife and the American man must have been married for at least 2 years prior to the filing of application.
Adjustment of Status
Once the Thai children enter the US through the K-2 /K-4 visa, they may amend their status into permanent residency with the filing of the I-130 petition on their behalf by the US citizen. The Thai spouse who has obtained permanent residency may also file the same if the US citizen fails to do and the Thai child must wait for an available visa number. The best option therefore is for the US citizen to file the I-130 petition. This is because once a Thai spouse has obtained legal permanent residency in the US, the derivative status of the K-2/K-4 visas cease to have any effect. Hence, the lawful status of the Thai children will terminate and they are deemed to be staying illegally in the US and may result to their deportation.
Adoption
Adoption of the Thai child or children is also another option available to Thai wife and American man. However, this process can prove to be cumbersome and lengthy. Also, the requirements for adoption by the U.S. State Department can be very difficult to fulfill, as it requires that the child must have lived with the adopting parent for at least two years. Also, the child must be unmarried under the age of 21 and adopted before the child�s 16th birthday. These requirements make adoption a tough option. Hence, it is recommended that the Thai child or children be brought to US on a derivative K2 or K4 visa and file for adoption in Thailand after entry to the US.
ABOUT THE AUTHOR: Dennis P. Ramm
Dennis P. Ramm is Partner with Siam Legal International which is an international law firm with offices in Los Angeles, London, Manila and Bangkok. Dennis works with American Immigration Attorneys, UK Solicitors & Barristers, German Lawyers, and Australian Solicitors providing global immigration services including the Thailand K1 Visa to the US, Thailand K3 Visa to the US and US Visa Tourist Thailand. Dennis has over 20years of experience assisting persons in applying for their US Visa Thailand. Mr. Ramm has written numerous publications on Thai Fiancee Visas, US Visas for Thai Nationals and a legal guide "How to Apply for a US Visa in Thailand."