US K2 and K4 Visa in Thailand
What happens when the child of the thai fiancée or thai spouse arrives in the us?
After the visa petition has been approved and you and your children are ready to submit your paperwork for your green cards, each child must submit his or her own application. You must file for the I-130 petition within 90 days to apply for permanent resident status.
What should i do after filing the I-130 petition?
The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files an I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.
What if the thai fiancée or spouses child is over 21 years of age or married?
Children who were over age 21 when their visa petition was filed, or who don't qualify as stepchildren or are married, will not be able to immigrate to the United States at the same time as you. As a U.S. Citizen, your spouse may file visa petitions for them if they are his or her biological children or legal stepchildren, but they will be subject to quotas and waiting periods.
What if i don't apply for my child at the same time as the k1 or k3 visa in thailand?
The petitioner must file a separate petition for each child.
What if i don't file the adjustment of status for the child at the same time as mine?
K-2 visa for a maximum period of 90 days from the date of entry and you may apply for K2 visa adjustment of Status after you parent K-1 visa holder and U.S. citizen are married or before 90 days K-2 visa expire.
K-4 visa, you may file for Adjustment of Status at any time following the approval of your From I-130, Petition for Alien Relative.
What are the limitations of k-2 visa
- K-2 visa may not change to any other nonimmigrant status.
- Enter into the U.S. if you have been bared for previous violation of the U.S. immigration laws.
How long can k-1 children stay on k-2 visa?
K-1 children may stay in the U.S. on K-2 visa for a maximum period of 90 days from the date of entry. If your parent K-1 visa holder and U.S. citizen do not marry within 90 days, you must depart the U.S. within 30 days.
How long can k-3 children stay on k-4 visa?
The K-4 visa is valid for two years with multiple entries, or until the age of 21, whichever is shorter.
What are the fees involved for the k2 and k4?
- Nonimmigrant visa application processing fee
- Medical examination (costs vary from post to post)
- Fingerprinting fees, if required
- Other costs may include translation and photocopying charges, fees for getting the documents required
- Filing Form I-485 Application to Register Permanent Residence or to Adjust Status
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