The US K-2 Visa in Thailand is coupled to the US fiancee visa. The US K1 Visa is designed for fiancées of American citizens. With this type of visa, the foreign fiancée is permitted to travel to the United States for the purpose of marrying the US citizen and adjusting her status to become a lawful permanent resident of the country. It is considered as a dual intent visa which means that it is non-immigrant and only temporary, however, converting it to an immigrant visa is also possible and is highly encouraged.
US K-2 Visa in Thailand
If the mother of the Thai child has applied for the US K-1 Visa, the US K-2 Visa should be applied for by the children. The name of the child should be on the I-129F petition as the process begins. Once the Thai mother has married the US national, the child will then need an adjustment of status through complying an I-485 Application to Register Permanent Residence. This does not require a separate petition if the child will be following his or her mother to the United States within the course of one year.
However, if this does not happen, a separate application should be complied later on. Always keep in mind that the child should be unmarried and below 21 years old. Take note that the visa will be approved the same time as the mother, and it will cost lesser to process them together rather than filing a separate petition a year after* (Cost of K1 Visa in Thailand). Children under the US K-2 Visa are allowed to study while staying in the United States.
The US K-2 Visa is designed for children of a US K-1 Visa holder, in which it is defined as a derivative visa, which means that all the benefits conferred in the US K-2 Visa are purely dependent on the status of the K-1 Visa holder. If a Thai fiancée is applying for a US K-1 visa and a US K-2 visa for her child, and the US K-1 visa application is somewhat denied then the US K-2 visa application would be denied as well.
This type of visa is also considered a derivative because it rides on the back of the US K-1 visa during the process of adjusting the status. Meaning, if the US K-1 and K-2 visa holders enter the United States at the same time, they are required to adjust their status at the same time.
Holders of the US K2 Visa from Thailand should abide by the similar conditions as those with the US K-1 visa. The US K-2 Visa in Thailand is a non-immigrant type of visa wherein the dual intent doctrine applies, allowing the holder to adjust status upon entry to the United States. Also, the US K-2 visa is also a single entry visa, and the holder would need to obtain an advance parole prior to leaving the United States.
The nature of the US K-2 visa being a derivative triggers complications if the US K-1 holder leaves the United States without getting an advance parole. The US K-2 visa holder will fall off his or her status once the US K-1 visa holder leaves and falls out of status.
Take note that the US K-2 beneficiary should accompany their parents for the US K-1 visa interview at the US Embassy in Bangkok, as the Consular officer would want to see the child or children physically.
K2 Visa in Thailand FAQ
What is the K-2 visa?
The K-2 visa is a US visa for a minor child that is accompanying his or her parent to the US.This would be for those who have applied for the US K1 visa from Thailand. Normally they will file the K-2 visa with the K1 visa.
What is K2 visa for the USA?
This is an accompanied children’s visa for the US for minor children. The mother or father would be the K1 visa holder and the K2 visa is linked to the K1 visa. This is a very common visa from Thailand to the USA.
What are the requirements for a US fiance visa?
You will need to have met in person and meet the financial requirements for the K1 fiance visa. This is 125% of the poverty line for your State or 100% of the poverty line if you are active US military personal. The K2 is an added visa for minor children.