US K-2 and K-4 Visa

US Visa in Thailand

Moving to the US can be rather burdensome for many families. This rings especially true with families that have children. Much like adults, children also require a visa permitting them residence within the United States of America. As such, for Thai locals married to a US citizen, immigrating into the country can be a massive challenge.

There are two visas that parents can consider: the K-2 Visa or the K-4 Visa. These visas are very similar, with the difference being which visa the Thai parent is applying for. Here we will examine each visa type in turn.

What is a K-2 Visa?

The K-2 non-immigrant visa allows the child of a K-1 fiancé visa holder to gain access to the US and await the availability of an immigrant visa as a derivative beneficiary.

The child of a fiancé may receive a standard K-2 visa from their parent's fiancé(e) petition. As the American citizen petitioner, you must make sure that the child’s name is declared in the I-129F Petition for Alien Fiancé(e). After the marriage of the child's foreign parent and the American citizen, the child will need a separate form known as the I-485 Application to Register Permanent Residence or the Adjustment of Status. The child may travel with (accompany) the K-1 parent/fiancé or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to their parent. A separate petition is not required if the children accompany or follow the foreign fiancé within one year from the K-1 Visa’s date of issuance. If it is longer than one year from the date the visa was issued to the applicant, a separate immigrant visa petition is required.

Please keep in mind that the immigration law requires the child in question to be unmarried. If the visa applicant is a step-child of the Thai parent, then the Thai citizen must have become the child’s step parent before they turned 18 in order to be eligible.

K-2 Visa Benefits

  • The child doesn't need a separate I-129F application from Thailand.
  • The visa for the child will be approved at the same time as the Thai fiancé(e) at the US Embassy in Bangkok.
  • The child is able to reside in the US with their American parent while waiting for their foreign parent to get married as part of their K-1 Visa.
  • The child is allowed to study in the US on a K-2 visa and/or apply for Employment Authorization I-765, if they desire to get work experience.
  • Cheaper and faster processing times compared to the Form I-130, Petition of Alien Relative.

K2 Visa Requirements and Qualifications

  • The child must be under 21 years old at the time the visa will be issued at the US embassy in Thailand.
  • The child of a K-1 applicant must be unmarried.
  • The child must be the biological or legally adopted child of the K-1 applicant.

What is a K-4 visa?

The K-4 visa is a nonimmigrant visa which allows the children of a K-3 spouse visa holder to enter the US and await the availability of an immigrant visa to be issued.

The K-4 Visa is intended for the child of a K-3 Visa applicant who desires to bring the Thai spouse's child to the US from Thailand. The K-4 application can be made at the same time as the filing of the K-3 Spouse Visa application in Thailand.

K4 Visa Benefits

  • The child doesn't need a separate I-129F application.
  • The visa for the child will be approved at the same time as the Thai Spouse at the US Embassy in Bangkok.
  • The child will be allowed to live in the US while waiting for their immigrant visa to be fully processed and granted approval.
  • The child will be allowed to travel outside of the US on short journeys and return trips.
  • The child is allowed to study and/or apply for Employment Authorization I-765, if they desire to get work experience during their stay in the United States of America.

K-4 Visa Requirements and Qualifications

  • The child must be under 21 years of age.
  • The child must be unmarried.
  • The child must be the biological or legally adopted child of the K-3 applicant.

In both cases, these visas are designed to reunite families during the immigration process and ensure that children can accompany or follow their parent(s) to the United States, allowing them to share the American experience with each other as family members. It's important to note that these visas are dependent on the status of the parent's visa, and the validity of the child’s K-2 or K-4 visa is tied to the status of the parent’s K-1 or K-3 visa, respectively. Applicants must follow specific protocols, provide required documentation, and may need to attend an interview at a US embassy or consulate.

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Ken Graham

Ken Graham
US Immigration Attorney
Partner, Siam Legal International

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Linda Pringpuangkeo

Linda Pringpuangkeo
Senior US Visa Consultant
Siam Legal International

For Thai language assistance call:

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