Yes, unmarried children (under age 21) of a K-1 beneficiary are given "K-2" non-immigrant visa status from the parent. The child must be named in the petition to USCIS to receive K-2 status. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa.
Can my Thai spouse bring her children with her to the United States?
Yes, unmarried children (under age 21) of a K-3 beneficiary are given "K-4" non-immigrant visa status from the parent. Minor children should be listed on the I-129F petition for the spouse of the US Citizen and therefore no separate petition has to be filed. Form I-130 is not required to be filed separately for the minor child of a K-3 visa applicant who is seeking non-immigrant status under the K-4 visa
Can the Child Adjust Status to Permanent Residence once in the US?
Yes, with the U.S. Citizen’s help. The K-4 child cannot file for adjustment of status in the United States until the U.S. citizen parent/step-parent files an I-130 on behalf of the child. If the U.S. Citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, as a result, the child will no longer be in lawful K-4 status, since this is a derivative classification, and that child would begin to accumulate unlawful time in the U.S. It is important for the U.S. Citizen to file the I-130 petition.
Can my Thai spouse bring her children with her to the US on a CR-1 visa?
Yes, the Thai spouse can bring her children as derivatives of her CR-1 visa. Once in the U.S. the children will be conditional permanent residents (like the immigrant spouse) until their conditionality is lifted after 2 years.
Can I adopt my Thai spouse/fiancée’s child and bring the child to the U.S.
It is possible to adopt a child and bring that child back to the U.S. However, the process to do can be difficult. The U.S. State Department’s definition of adopted child reads 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.
The State Department will not recognize a child as “adopted” for immigration purposes unless the person, “adopting,” the child has had custody of the child for two years. For most petitioners this requirement is often a difficult, if not insurmountable obstacle. It is the general belief that a U.S. Citizen wishing to adopt his/her spouse’s children should bring the children to the U.S. on a derivative visa (K-2, K-4) and adopt the children once they are in the U.S.
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