Child custody and parental consent is important for a K2 visa from Thailand. Those who are applying for settlement visas to the US who have children or a child from previous marriage or relationship. They will need to ensure that they can take their children with them to the United States. This process will be under child derivative applicable for minor/ unmarried children. Read further and take proper legal advice as this will only serve as your guide.
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.