Child Custody and Parental Consent

Children of your beneficiary may join or follow their mother to the United States. This will be issued in less than a year from the date the visa was issued to their mother. Note that a new petition would be needed for permanent stage. You will need to speak to a lawyer when doing the visa application. Also see a notarial services attorney in Thailand for legalising documents.

Children Under 18

If the child is under the age of 18 then there needs to be a permission to take the child out of Thailand with his or her mother. The US Embassy notes that a proof of permanent sole legal custody or parental permission to immigrate is needed at the time of the child’s application. You will need to check as there might have been a ruling or agreement registered between her former husband/ partner.

• An original or certified copy of documentation proving that your Thai wife or Thai fiancée has permanent, sole, absolute legal custody of the child with no other person sharing legal rights.
• An original official statement from the non-traveling parent granting permission for each child to migrate and live permanently in the United States.

You will need to speak to an attorney to draft a documentation for you. If you don’t have the consent of the other parent to permanently take the child out of the country.

The other parent, on the other hand, must bring the Thai ID with him when signing the consent form. This would need to be signed at the Thai district office (amphurs office).

I, Mr. first name + last name, the father of first name + last name of each child, consent for (my child/my total number of children) to immigrate to the U.S. permanently without any conditions.

This is simple enough to be done at the amphurs office on their letterhead. Again, take proper legal advice as you don’t want additional problems that would cause delays. This is a very basic view of the child custody and parental consent issues with the US visa.

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What is the Form DS-160?

Upon approval of your I-129F petition, within 30 days, they will provide you with a notice of it being approved. The USCIS will also advise you as well when to proceed with the next stage until the date and time for your visa interview in Bangkok. Documents required for the DS-160 are the following.

• You will need to have two passport photos of your beneficiary for the DS-160;
• You will need to provide the original birth certificate of your Thai fiancée;
• Also you will need to provide a copy of beneficiary’s Thai passport, ensure it is valid for many years;
• You will need to provide beneficiary’s police clearance certificate not older than six months;
• The visa medical examination results of your beneficiary;

Sponsor Documents

You will also need to provide certain documents about yourself as the sponsor. These are included below but not limited to these. Speak to a lawyer about what else might be needed as the US immigration process does change.

• You will need to provide a copy of your passport
• Also you will need to provide your birth certificate;
• You must include your affidavit of support, Form I-134;
• Also your most recent tax returns (Proof of Income/ Funds);
• Proof of relationship

The beneficiary’s documents such as birth certificate must be obtained from the local Amphur office in Bangkok or her home town to get an original or certified copy of birth certificate. Also ensure that her passport validity date will be at least for 2 years more since once in the US you do not need to rush for passport renewal before she becomes a permanent resident of the US.

Government Documents 

Police clearance certificates are done in Bangkok with Special Branch police and you can see elsewhere on this website in detail about this. The medical examination for the US visa in Thailand, on the other hand, is explained here as well. Note that the visa denial based on medical issues are also stated on this website for more insights. You will be guided on what is needed as well as what can go wrong with the medical examination and how this might also affect you.

See the CR1 visa from Thailand on this website as well. There is also the IR1 visa from Thailand, so read more on this website before you contact lawyer for a full and detailed answer. Most questions are covered on this website.

One important part of the application are the documents to prove that the relationship is valid and real. This requires emails, photos and other documents which you can find to support your relationship. For those who wish to bring their children with them from Thailand. Then a K2 visa will be applicable, which many forget to add in the initial application process. Always take legal advice on these issues, especially where there are children involved or your fiancée or wife was divorced and there are still child custody issues at hand. This is a very basic overview of the Form DS-160 that you will need to understand.

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Medical Examination for US Visa

You will need to get the proper timing as the medical exam must be done before the visa interview. The hospital will give you a sealed letter for the Embassy. You are not allowed to open this letter. The sealed envelope needs to be handed over at the time of interview at the Embassy. If something is wrong there will be a visa denial on medical grounds.

There are a list of tests which need to be done such as a TB check and other health checks which has to be completed. Vaccinations also need to be listed. The US government needs certain vaccinations, any vaccinations done and missing has to be declared at the hospital. You will need to take the following documents with:

• Passport (over 6 month’s validity)
• Four (1.5 x 2 inches) photographs (taken less than 6 months)
• DS-260 or DS-160 Confirmation Page
• Visa interview appointment letter issued by National Visa Center (NVC)
• Completing medical exams form, as follows: visa category, visa case number, present addresses
• Vaccination records
• All relevant information concerning your medical history: any medications

A sealed letter will be given and there should be all the documents from the hospital.

The vaccinations listed are what is expected for all settlement visa application, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:

This is a basic overview of the medical examination for the settlement visas from Thailand. Speak to an immigration lawyer in Thailand for more information and assistance.

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K3 Visa for Thai

K3 Visa usage

A Thai national who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place or from the country of residence of the applicant. This is also to note that with the K3 visa there will also be a K4 visa, child derivative application, which will allow the minor unmarried children of your Thai wife to accompany or travel with her to the US.

Thai wife may apply for K-4 visas and each with a separate application must be submitted. Speak to a lawyer about this in Thailand so that they prepare not only the K3 visa application but also the K4 visa for each minor and unmarried child.

The spouse mainly refers to someone who you have legally married. If you are living together, or have cohabited for a long time or you had a traditional wedding in Thailand, then this is not acceptable. It has to be a legally registered marriage.

K3 Visa process

The first step to start with the K3 visa process is by completing the Form I-130, Petition for Alien Relative. This is done with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Once this has been filed, you will get a notice that they have received it. This is called the Notice of Action (Form I-797) receipt notice. Then you must file the Form I-129F, Petition for Alien Fiancée, for your Thai wife and step-children. Once approved the USCIS sends it to the National Visa Center for processing.

The only problem between this would be if you have incomplete documents. Which means that they will send you a Request for Evidence. This to which you have to reply with what documentation is missing or incorrect. Always see the latest rules and changes for the K3 Visa for Thai nationals.

The notice order may at times not arrive at the same time. If the National Visa Center receives the approved I-129F petition before it receives the I-130 petition, they will still process the latter document and send the I-129F petition to the U.S. Embassy in Thailand. This would be quickest way for spouse to join their spouse. This is a rare application these days as most have chosen to go through the CR1 or IR1 respectively.

Speak to a US immigration lawyer in Bangkok for more insight and assistance with the K3 Visa for Thai national visa process.

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CR1 or IR Visa from Thailand

CR1 Visa from Thailand

You will see that there is a difference between the two US spouse visas in which the CR1 applies to those whose marriage is less than 2 years, while the IR1 visa are for marriages 2 years and above.

If you have been married for less than two years since the date of registration, the Conditional Resident visa or CR1 visa from Thailand is applicable for you. This type of application will grant your foreign Thai spouse a conditional permanent residency when arriving in the US. Should she wish to work then she would be able to do this in a few months after arriving in the US and before the visa expiry, you need to have the conditional status removed. This has to be done at least 90 days before the two year period expires.

IR1 visa from Thailand

If you have been married for more than two years since the date of registration, the Immediate Relative visa would be ideal for you. The IR1 visa is an Immediate Relative status and this allows your spouse permanent stay upon arrival in the US. The visa application process for the spouse visas are more or less the same. The CR1 visa as well as the IR1 visa is very much the same application process as well as the K3 visa from Thailand.

The process starts in filing an I-130 petition which is filed with USCIS in the United States. These are then approved and sent to the National Visa Center for further processing. The documents for all three would be as follows:

• – A valid passport
• – Affidavit of Support
• – Application for Immigrant visa and Alien registration
• – Birth Certificate
• – Marriage Certificate
• – Divorce documents if applicable
• – Police certificates/ Court and prison records
• – Completed medical examination forms

You will note that once this has been completed, you will be given an appointment for interview at the US embassy in Bangkok. Speak to a Thai immigration lawyer for more information and assistance as errors can be difficult causing a visa denial and further waste time and will cause additional cost. In order to apply for these, be mindful that you need to be married legally. This and your marriage must be registered with the Thai government.

A religious marriage such as an Islamic marriage, will be considered as a traditional Thai marriage and not legally binding. Thus, this type of marriage will not be recognized for this application process.  Always take proper advice when dealing with US immigration from Thailand. Speak to an immigration lawyer about your CR1 or IR Visa from Thailand.

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CR1 Visa from Thailand

Much like the other spouse visas you will need to ensure that you have registered the marriage. Traditional marriages are not valid for the spouse visa. This could be either the traditional Thai marriage or the traditional Islamic marriage in Thailand. Both needs to be registered for the US spouse visa to be acceptable. The date of the registration will count as the first day of your marriage for visa purposes.

Note that polygamy is not allowed for the US spouse visas. The CR1 visa as well as the IR1 and K3 visas will only allow one spouse to be on the visa application. The US does not recognize polygamous marriages. The CR1 visa starts with the filing of Form I-130 which is applying for an Alien Relative petition and this starts with the USCIS, Homeland Security. When this is completed, it will be forwarded to the National Visa Centre (NVC) and then a visa interview to be scheduled in Thailand.

CR1 Visa documents

You will need to be older than 18 and also meet the financial requirements which has been set by US immigration services. This is called the Affidavit of Support and you can see the financial requirement based on the US poverty lines. The forms needed would be the Form I-130 for the CR1 visa from Thailand as well as the Form I-864 or the other Form O-864EZ. Always take legal advice in Thailand about these forms and what is needed. Speak to a lawyer at a Bangkok law firm for more information. This is the CR1 visa from Thailand.

For the interview, you will need to show that all government fees been paid, with the medical report which should still be in its sealed envelope. Normally, your lawyer will have this. So you need to have the proof of the Form I-130 fee. This as well as the Form DS-260 fee, Medical examination as well as vaccinations fees in Thailand.

You will need to consider all your options as the timelines for the K3 visa and CR1 visa are very different. Speak to a lawyer about this in Thailand. Should you be in a hurry, then the K3 visa would be an option which is quicker than the other. If you time is not so much of an issue, then consider either CR1 or the IR1. Speak to an immigration lawyer in Thailand about these difference and options.

Search this website for more information.

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Criminal Reasons for Visa Denial

The visa interview for the US visa could present a problem if there is information which is hidden. A good example of this is where the person does not have a criminal record. But admits to committing a crime during the visa interview. The US immigration laws make it well known that if you committed a crime or admit to a crime that you will be denied a visa. Drugs could create this problem as an example where someone might admit to using drugs or selling drugs even without a criminal record.

Crimes or a crime committed when the person was young has its own set of rules. Let us say that your wife or fiancée committed a crime while she was under the age of 18 and that this is five years before the application for the visa. The prison sentence should not have been for longer than 6 months. You need to take legal advice on this as the rules do change and you need to be certain before you even start the process. These tend to be for small crimes such as shoplifting. As said you need to speak to an immigration lawyer about this as it does become complex very quickly.

Types of Crimes

There will not be many issues if these are purely political crimes. Prostitution and drug trafficking would be a major issue. They would view this as being an undesirable person. If during the interview your wife speaks or give the impression that she poses a risk of transferring confidential information out of America then this will also be a denial. Most of what is written about is rare in Thailand, so what are the most common issues?

– Being deported before out of the United States is the most common issue in Thailand and many spouse or fiancée ends with this surprise that his wife or fiancée had been deported out of the US before.

– Having been caught soliciting in the US is also another issue which might arise but uncommon in Thailand.

– The overstaying of a visa and being deported for it is the most common.

– The issue where a sham marriage had been detected before and she might have been deported as well.

Deportation is one of the most common issue. This for the most part is has resulted from the overstaying of a visa before. There are rules for this if you wish to appeal for it however you will need to speak to a immigration lawyer. The criminal reasons for visa denial normal comes out during the check.

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Health Reasons for Visa Denial

If there is a visa denial on medical grounds then they will tell you what the denial was for. On medical grounds you cannot change your HIV/AIDS status, however, it may also be a vaccine that was not given. Some of the most common vaccines at times have been missed. These are normally required to live in the United States and these are for mumps, measles and polio, rubella as well as tetanus vaccinations. Once you can prove that you have now had them then you would be able to have an appeal for the visa denial. There will be an HIV/AIDS test as well as a Measles and Hepatitis check.

Hepatitis

Hepatitis B in Thailand is not uncommon and many don’t know that they have it until they become ill. The stats for Thailand is that between 5-9% of Thai people in urban areas have Hepatitis B. In the rural areas of Thailand this is between 6 and 12% of people. Hepatitis will lead to a visa denial and it is going to be a problem. You will need to speak to an attorney about your next step and what your options are. This is only one of the issues when it comes to Thailand. Read more about the health reasons for visa denial.

Measles

Measles is an issue mainly in Southern Thailand as the predominantly Muslim population had for many years pushed an anti-vaccination drive based on religious values. They do have measles outbreaks in Southern Thailand from time to time. You will need to find the measles vaccination certificate from the hospital or clinic where it was given. Measles in Southern Thailand tends to be 10 times higher than anywhere else in Thailand. 4 in 100,000 people in Thailand had measles in Central Thailand where are 55 in 100,000 people in Southern Thailand has the Measles.

If you are applying for a CR1 visa or IR1 visa, K1 visa or K3 visas from Thailand, then you will need to find the vaccination certificate as it will be required for the visa application.

Polio

Polio in Thailand has not been an issue, however, those who lived close to the borders in Thailand may present a problem. This has occurred mainly due to mutations. You wife or fiancée will need to find her vaccination certificate. Check with your lawyer in Thailand for more information and assistance.

Most people who lived outside of Thailand. Do not know that Thailand does have these issues and why the vaccination certificate are important. With Measles in Southern Thailand and Polio on the Thai borders added with Hepatitis B in Central and rural Thailand, you need to be sure. Always speak to lawyer about the health reasons for visa denial in Thailand.

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IR1 Visa from Thailand

The IR1 visa process starts with the completing and filing of the Form I-130 which is an application for an Alien Relative. The USCIS takes in this form, which is forwarded to the National Visa Center and then ends with the US embassy and visa interview in Thailand. Again you have to count from the date that you registered your marriage in Thailand. Also note that the IR1 visa does not allow for polygamist marriages. You must have only one wife with the CR1 visa as polygamy is not recognized by US immigration.

The IR1 visa is similar in process to the CR1 and K3 visas, however, it does take a bit faster or longer, so speak to an immigration lawyer and consider what you would prefer.

Much like other US Family visa options, you will need to be older than 18 years of age. The Affidavit of Support would need to be completed. You can search this website for the forms which will be needed to start the process from the Form I-130 as well as the Form I-864 or the Form O-864EZ. Note that any mistakes will create a delay as they will stop the process if you have received a Request for Evidence. It will only restart once you have provided what they have requested. Take proper legal advice when it comes to US immigration services. You can also see more on the US visa here.

IR1 Visa Process

With the visa interview in Bangkok you will also need all the forms again as well as supporting documents for the procedure. Normally your lawyer in Bangkok will have all of these during the interview process.

The fees would normally be the USCIS Filing fee for the Form I-130, Form DS-260 fee, and Medical examination in Thailand as well as the vaccinations fees if there had been any while in Thailand. Note that like everything else, there will also be fees for translations and photocopying charges. They will be looking for the US Immigration fees mainly and not the sundries.

Finally when back in the United States. The process will change with regards to the CR1 visa and the IR1 visa. The Conditional Residency which you need to remove the condition before the two years expire on the visa. While the Immediate Relative does not have this condition.

The timelines are different on all these visa options. Most prefer to have as little to do with immigration once back in the US so they prefer the IR1 visa over the CR1 visa or the K3 visa. Yes, it does take a bit longer however there is less to do when back in the United States.

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K3 Visa documents

Form DS-160 – This is one of the most important forms which needs to be completed. You can see what information has to be provided to complete this form. The confirmation page of the DS-160 submitted online. Must be presented on the next stages of the visa process. This as well as when you go for the US visa interview. You will also need to provide a receipt of payment when you submitted the form. Speak to an immigration lawyer about this.

Valid Passport – It is very easy to obtain a new passport for your Thai wife when you start the process. It is always recommended that the passport has a long expiration date. This will save time when going back to the US later and you will still need to ensure that the passport is valid before the adjustment of status.

Birth certificate – It is easy enough for her to obtain an original birth certificate for your Thai wife as the Amphur office will provide this for you in less than a few minutes. If she has changed her surname in the past then a name change certificate would also be needed. You can also obtain this at the same office and at the same time.

Further Documents

Marriage certificate – This is also easy to obtain at the Amphur’s office where you have obtained the birth certificate. Again this is easy enough to obtain a certified copy and it only takes a few minutes.

Divorce or death certificate(s) – Much like the other documents. The Amphur’s office also has the divorce and death certificates which you will need. Speak to them about getting an original certificate of these or if it was a litigated divorce you will need to get a copy from court where it occurred as you will need the order of court if there has been children. This will become important when you apply for a K4 visa for the child as it will show sole or joint custody.

Police certificate – The police clearance certificate will also be needed for your Thai wife. If there is a K4 visa application for child over the age of 16, then a police clearance certificate would also be needed.

Medical examination – See on this website what is needed as well as the vaccinations needed.

Evidence of financial support – You will need to prove that you are able to take care of your Thai wife when back in the US.

Evidence of relationship with your U.S. citizen spouse – This is the biggest file as you will need to show letters, photos, emails and other proof of a real and valid relationship.

This is a very basic overview of the K3 visa process and K3 visa documents which you will need to complete the immigration process. Take proper legal advice on these issues.

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