The CR2 visa is a special visa for kids whose mother is applying for a CR1 visa. This visa allows the child to live in the U.S. as a permanent resident, but there are some conditions attached to this.
Now to obtain this visa, the parents must be married for less than two years when they apply. The child must be unmarried and younger than 21 years old. Likewise the person sponsoring the child’s visa must be a U.S. citizen and can be a biological parent, step-parent, adoptive parent, or someone who used assisted reproductive technology (like IVF) to have the child.
Note that when kids get a Green Card based on their parents’ recent Thai marriage, it comes with conditions. Likewise these conditions are there to ensure that the US immigration systems is not abused with fake marriages. Once their marriage has been proven the conditions are removed.
The CR2 visa process to get this visa involves the completion of the needed forms as well as the conditions. These condition will vary based on the age of the child. Normally children over the age os 16 but under 21 will need a criminal record check. In simple terms, the CR2 visa is a way for kids to live in the U.S. with their Thai mother, but they need to follow certain rules to keep their residency status.
The process starts with the completion of the Form I-130. This form goes to the USCIS and when it is finished it get forwarded to the National Visa Center (NVC). See the full process under the CR-1 Visa application article here.
The CR1 as well as the CR2 can ve applied for together. Note however that they are processed separately however you can request the National Visa Center to handle them as one application. They are most times applied for at the same time. Once the documents have been processed it will end with a visa interview at the US Embassy or Consulate in Thailand. The process does take time so ensure that you do not have any errors on your application forms. Also ensure that all form are completed correctly. Most visa denials are that not all the blocks on the forms have been completed. If it is no applicable as an example to you, then it should be marked “not applicable” and not left blank.
The CR1 and CR2 visas are ways for family members of U.S. citizens to move to the United States. Let’s break it down:
CR1 Visa: If a U.S. citizen is married to someone from another country and their marriage is less than two years old, the foreign spouse can get a CR1 visa. This visa allows the spouse to live in the U.S., but it’s considered a temporary visa for the first two years.
CR2 Visa: If the U.S. citizen has kids who are under 21 years old and unmarried, these kids can get a CR2 visa. This visa also depends on the U.S. citizen’s marriage being less than two years old. It lets the children join their parents in the U.S. temporarily.
Both visas are called “conditional” because they’re given based on fairly new marriages. After two years, if the marriage is still genuine, these conditions are removed, and the family members can stay in the U.S. permanently. See also the US Visa Thailand on here.
If a mom who is divorced in Thailand, wants to take her child to another country using a CR2 visa, she might need permission from the child’s dad or someone else responsible for the child. This is because parents usually share the responsibility of taking care of their kids. Both parents should be involved in important decisions, like where the child lives.
But if the child’s dad or the other responsible person says no to moving abroad, the mom has to ask a court for permission. The court will think about what’s best for the child, and how moving will affect the child’s relationship with the other parent and their connections with other family members. See also the article on Child Custody as well as the Hague Convention
It’s a good idea for parents to talk and agree on what’s best for the child instead of going to court. If they can’t agree, it’s important to talk to a lawyer for advice. Remember, this information is general, and it’s always best to get help from our immigration lawyer who understands your specific situation.
The application for a child under 14 is much like that of the mother. The child has to have their passport and their photos have to be submitted. As stated above the visa application is treated separately from the mother as a visa on its own. Note however that the same documents have to be completed as the mother such as the DS-160 form. Finally note that in most instances, that applicants under 14 years old do not need to appear for an interview.
Thai law allows women to use their maiden surname. They would normally apply for a name change certificate as well as change their salutation from Mrs. to Ms. as an example as well. So the child might not have the same surname as their mother. You will need to take this into account when you look at the CR2 visa. This falls under the Female Title Act of 2008 as well as the Persons Name Act.
Sure, if a family is applying for CR1 and CR2 visas, they can ask to have their interviews at the same time. However, even if they apply together, their approvals might not happen exactly together. But they can request to have their interviews scheduled together. This means they can go to both interviews at the same time or attend the first one together.
It’s important to know that this process can be different for each family, and it’s a good idea to talk to an immigration expert or a lawyer for personalized advice. They can help the family understand exactly what to do based on their unique situation.
During the CR-1 Interview, the consular officer might also ask the child a few questions. Note that the US Embassy states:
Note that the applicants under age 14 must be accompanied by a legal guardian, parent or an individual having legal custody of, or a legitimate interest in the applicant to act as the minor’s proxy to sign the visa application. The accompanying adult must show official government photo identification to enter the consulate.
This is not uncommon to have a parent or other custodian go with the child to the Embassy. Yes, the CR-2 visa will be issued together with the CR-1 visa from Thailand. Should the CR1 visa be denied then the CR-2 visa will also be denied. This as it is a derivative visa.
If someone is applying for a CR2 visa, there are a few important things they need to do.
Firstly, they have to go through a medical examination. For this, they need to bring their original passport, glasses or contact lenses if they use them, a list of the medicines they are taking, and any medical reports and X-rays that might be relevant.
Secondly, there is a background check for any criminal records. How this check is done can vary from one country to another as well as the age of the person. Normally this is only for children who are 16 years and older.
It’s really important to remember that these are general instructions. The actual steps could be different depending on someone’s unique situation and the current immigration laws. So, it’s best to talk to an immigration expert or a lawyer who can give personalized advice based on someone’s specific case
In terms of official documents in Thailand, certain alternatives exist for essential certificates. Birth certificates, typically obtained from the District Registrar, have an alternative known as “Bai Rub Rong Kan Kerd.” Similarly, for death certificates, the alternative is the “Bai Rub Rong Kan Tai.”
Marriage certificates, crucial for legal recognition, come in two forms: “Tabien Somros” and “Bai Samkhan Kan Somros.” On the other hand, divorce certificates are referred to as the “Tabien Yah” and “Bai Samkhan Kan Yah.” In the case of adopted children, there is a specific document called “Tabien Rab Bud Boontham.” Additionally, for Thai citizens, the national identification card is known as the “Bat Prachachon.”
Moreover, concerning nonimmigrant visas in Thailand, Chiang Mai handles applications for specific provinces, while Bangkok processes applications for the remaining regions.
|Chiang Mai||Chiang Rai||Kamphaeng Phet||Lampang|
|Lamphun||Mae Hong Son||Nan||Phayao|