Child abduction and children crossing international borders have become an international problem with human trafficking as well as child abduction. Child abduction has seen a slow uptick in its occurrence as more marriages occur across international borders and with marriage and divorces, this tends to give rise to people wanting to take their children across the borders back to their home country or with their new spouse.
This is discussed elsewhere on this website and the possible solutions available to you if your wife or husband has decided to walk out by the door with the children. The International Civil Cooperation on the Breach of Rights of Custody Act, BE 2555 (2012), also known as the Thailand Child Abduction Act which was introduced in 2013. You will need to speak to a family lawyer in this regards.
You will need to wait until all the paperwork has been completed in order for the child or children to be removed from Thailand to your home country. You can see the adoption procedures and what will be needed in the end as the child will need a Thai passport and a visa for your country. If the child had already been adopted and is part of your family in Thailand, then you will need to see divorce proceedings as well as child custody during a divorce in this regard.
If the child is not yours but that of your Thai wife, then you will need to apply for a K2 visa for the child at the same time as the K1 visa for your wife. This would be done by the immigration lawyer who starts the process for you. Note that the child has to be single and under the age of 21. Some do apply for the K1 visa later. This K2 visa allows the child to follow the parent, 6 months after the issuance of the visa. You can also apply for a K1 visa after the marriage has occurred back in the US but must be within a year of the K1 visa having been issued.
If you are married to a Thai national, then the children will have to be under a K4 Visa for the US in order for them to live with you. Much like the K1 visa you will need to speak to an attorney when you are applying for the K3 visa for the US. This K4 visa will allow you to take the children to the US across international border without much issue.
If you are taking children across international borders, then speak to a family lawyer or immigration lawyer in Thailand for more assistance and advice.
The information contained on our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.
If you are married to an American then you should apply for a K3 visa.
Adoption in Thailand can take a while to complete. See the conditions for adoption.