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Medical exams and Interview

All applicants for the US K-4 visa needs to undergo a medical check, in which the US Embassy will be providing a list of approved locations in Bangkok or Chiang Mai, and some additional vaccines might also be required for some applicants before they travel to the United States.

Upon completion of the medical examination, there will be an interview at the US Embassy in Bangkok. Once the embassy schedules an appointment they will inform you regarding who needs to attend and who does not. In some cases, the children are required to come to the interview but the Thai parents are the ones who have to answer most of the questions.

The US K-4 visa will be available for pick up 5-7 business days after a successful visa interview. The US K-4 visa has a two year validity, and the holder of this type of visa can adjust their immigration status and apply for permanent residency once they get to the United States. The US citizen stepparent should file an I-485 petition to initiate the process of adjustment of status. The child’s US K-4 visa can be renewed in two year increments, provided that the green card application is still under process. US K-4 visas automatically expires one day prior to the visa holder’s 21st birthday.

Provided under the US K-1 Fiancée Visa, the Thai fiancée of a US national can enter the United States to marry the US national within 90 days. US K-2 visas can then be issued to the children of a US K-1 visa holder within one year from the date the US K-1 visa was issued. The children of the US K-1 visa holder can come together with their parents to the United States or join them after at a much later date. Following the marriage of the US K-1 visa holder to an American citizen, the Thai wife (K-1) and her children (K-2) can then apply for an adjustment of status to become a conditional US permanent resident.

Previously, there was a case which involves issues concerning a minor child who aged out prior to entering the United States.

The questions were: When did the K-2 visa holder’s age stop accumulating – Is it during the time when they applied for the US K-2 Visa?, or at the time they received the US K-2 visa?, or at the time they set foot on the United States on the US K-2 visa?, or when the holder applied for adjustment of status?

In the above mentioned case, his US K-2 visa was received while still under 21, but entered the United States after he turned 21. After the child’s mother married the US citizen, a petition has been filed for adjustment of status to become a US permanent resident. The USCIS denied the application, with the reason that he has already turned 21 years old before he entered the United States, making him an unqualified minor child. An immigration judge consented with the decision of the USCIS and the Board of Immigration Appeals affirmed the judge‘s decision on the case.

It was argued about the US K-2 visas eligibility requirement for the adjustment of status to become a Permanent Resident is not determined by his age when entering the United States, but when he obtained the US K-2 visa. The US Court of Appeals agreed with the decision of the Board of Immigration Appeals, siting that the board has a vast array of reference based on statutory provisions when it comes to deciding such cases.