If you have applied for a K1 fiancée visa or a K3 fiancée visa then unmarried children (under age 21) of a K1 applicant they will be given a “K2” non-immigrant visa status from the mother. Note that the child or children must be named in the petition to USCIS to obtain the K2 visa status. You do not need a separate petition if the child is going with the mother or follows within 1 year. See this website for more information.
Can my Thai spouse bring her children with her to the United States?
If the children are under the age of 21 and unmarried then she can take the children to the United States. This would be as a K3 visa beneficiary and will be given a “K4” non-immigrant visa status from the parent. Note that all minor children should be listed on the I-129F petition for when it is completed. There is no need for a separate petition for a K4 visa. You need to tell your immigration lawyer at the time of application as to how many minor children there are and also provide all the documents.
Can the Child adjust his/her visa status to Permanent Residence in the United States?
Yes they can however they cannot file for adjustment until the U.S. citizen parent files an I-130 on behalf of the child. Again speak to the immigration attorney about adjustment of status for children as well as your Thai wife.
Can my Thai spouse bring her children with her to the US on a CR-1 visa?
The CR1 visa is much like a K3 visa however it has less problems back in the US. The child can however you need to include the child in the original petition when the process starts. The child in the US can have the conditional permanent resident status removed after a 2 year period.
Can I adopt my Thai spouse/fiancée’s child and bring the child to the U.S.
This has become very common however it is very complex. Yes, it is possible to adopt a Thai child and take the child back to the United States however, the process to do can be difficult. The US State Department defines an adopted child as follows:
An unmarried child under age 21, who was adopted while under the age of sixteen, and who has been in legal custody and lived with the adopting parent(s) for at least two years.
If you are married to a Thai citizen and applying for a CR1 visa or K3 Spouse visa then her child will obtain a K4 visa. If it is your Thai fiancée she will obtain a K1 visa and the child a K2 children’s visa. If the child is adopted or only lives with your Thai wife as there are many informal arrangements in Thailand, then you need to contact a lawyer for advice and assistance. Speak to an immigration lawyer in Thailand for advice if you are not certain about your status or the visa process.