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Bennett Family

Outline of Our Situation

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Filed: Country: Thailand
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Hello,

I'm looking into Tourist Visas for my wife, her Thai daughter (I'm not the biological father), and our as-yet-unborn infant son for a short trip back to the U.S. to meet family next Summer 2013.

  • I'm a U.S. Citizen, aged 43.
  • I've lived in Thailand since August 2009 (have not been home since)
  • I've been married to my Thai wife, aged 37, since October 2009.
  • I'm currently staying in Thailand on a Nonimmigrant (0) type visa (which is not a tourist visa).
  • I don't have official employment here or a Thai work permit.
  • My wife has a long history of stable employment, including 5 years as the current general manager of a local Danish factory.
  • My wife was formerly married to a Japanese national (for about 8 years).
  • My wife's previous international travel includes Japan and Denmark.
  • She has a daughter, aged 5, who I am raising as my own (no official adoption yet, either under Thai or U.S. law).
  • Although the daughter is mixed-race (Thai-Italian), she doesn't have mixed-citizenship, only Thai citizenship.
  • My wife is pregnant with my child, birth is expected September 2012.
  • My wife shortly (next week) will have real property in her name (a home) and in the near future plans to acquire some additional investment property in her name. Plus she has some bank accounts, a car, etc.
  • The daughter is bi-lingual and has a modest savings bank account (thanks Grandpa).

We don't have any current plans to stay/live in the U.S. and thus think that only a Tourist Visa is appropriate for a visit. I am worried that the U.S. authorities may not approve both my wife's and/or her daughter's visa. Travel without the daughter is not an option for us.

QUESTIONS:

How have U.S. authorities traditionally treated visa's for foreign wives who have their own children from previous relationships?

For our unborn baby, will he be an automatic U.S. Citizen upon birth, if not, will he need to apply for a Tourist Visa? Travel without our infant son is also not an option for us. If he needs a Tourist viaa, will this help or hurt the chances of the mother and sister?

This may all boil down to whether or not the authorities believe we plan to return to Thailand. How have similar situations worked out for other families?

Thanks,

David, Nan, Bua & soon Benjamin

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Filed: Citizen (apr) Country: Canada
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You need to check the regulations for CRBA if the unborn child has claim to US citizenship it cannot be granted a visa. It must have a US passport and travel / enter to the USA on the US passport.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: K-3 Visa Country: Thailand
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Hello,

I'm looking into Tourist Visas for my wife, her Thai daughter (I'm not the biological father), and our as-yet-unborn infant son for a short trip back to the U.S. to meet family next Summer 2013.

  • I'm a U.S. Citizen, aged 43.
  • I've lived in Thailand since August 2009 (have not been home since)
  • I've been married to my Thai wife, aged 37, since October 2009.
  • I'm currently staying in Thailand on a Nonimmigrant (0) type visa (which is not a tourist visa).
  • I don't have official employment here or a Thai work permit.
  • My wife has a long history of stable employment, including 5 years as the current general manager of a local Danish factory.
  • My wife was formerly married to a Japanese national (for about 8 years).
  • My wife's previous international travel includes Japan and Denmark.
  • She has a daughter, aged 5, who I am raising as my own (no official adoption yet, either under Thai or U.S. law).
  • Although the daughter is mixed-race (Thai-Italian), she doesn't have mixed-citizenship, only Thai citizenship.
  • My wife is pregnant with my child, birth is expected September 2012.
  • My wife shortly (next week) will have real property in her name (a home) and in the near future plans to acquire some additional investment property in her name. Plus she has some bank accounts, a car, etc.
  • The daughter is bi-lingual and has a modest savings bank account (thanks Grandpa).

We don't have any current plans to stay/live in the U.S. and thus think that only a Tourist Visa is appropriate for a visit. I am worried that the U.S. authorities may not approve both my wife's and/or her daughter's visa. Travel without the daughter is not an option for us.

QUESTIONS:

How have U.S. authorities traditionally treated visa's for foreign wives who have their own children from previous relationships?

For our unborn baby, will he be an automatic U.S. Citizen upon birth, if not, will he need to apply for a Tourist Visa? Travel without our infant son is also not an option for us. If he needs a Tourist viaa, will this help or hurt the chances of the mother and sister?

This may all boil down to whether or not the authorities believe we plan to return to Thailand. How have similar situations worked out for other families?

Thanks,

David, Nan, Bua & soon Benjamin

I doubt your wife will be granted a tourist visa. I am certian the child will not. Since going without her is out of the question you may as well save the money.

Study the current info on what it takes to get a visa of any type for the child & you will find your answers. Do this before you waste money of the visa attempt.

Keep in mind that even if they were granted a visa they would be subject to the officers decision at the POE. I believe they would be denied entry. Their ties are to you as soon as you & they enter the USA.

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Filed: Country: Thailand
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I doubt your wife will be granted a tourist visa. I am certian the child will not. Since going without her is out of the question you may as well save the money. Study the current info on what it takes to get a visa of any type for the child & you will find your answers. Do this before you waste money of the visa attempt. Keep in mind that even if they were granted a visa they would be subject to the officers decision at the POE. I believe they would be denied entry. Their ties are to you as soon as you & they enter the USA.

Ooooh, well we are only interested in visiting relatives in the U.S. and not thinking about immigrating at this time. With that thought in mind, are we eligible (or prohibited) going the immigrant visa route? We could honestly claim a (far) future intention to live in the U.S., but that might be decades away. Is this a Catch-22?

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Filed: K-3 Visa Country: Thailand
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Ooooh, well we are only interested in visiting relatives in the U.S. and not thinking about immigrating at this time. With that thought in mind, are we eligible (or prohibited) going the immigrant visa route? We could honestly claim a (far) future intention to live in the U.S., but that might be decades away. Is this a Catch-22?

Your situation is as many, truly unique. I am sorry to say I doubt you will ever get the tourist visas you would like. I,for example believe you certianly would return but the rules and past history dictate that you wont.

In my own case I tried 3 times to get a tourist visa to go with my USC husband to visit the USA. Like you we had been married a long time & he lived in Thailand. We were to learn they wouldnt issue me a tourist visa. The officer told my husband " your docs are perfect & I believe you will return but we arent allowed to issue tourist visas to those married to a USC. He said it was indeed a catch 22. I had never heard that term before.

My husband decided we would get immigration based visas just as you are considering, for myself & daughter. However we intended to move to the USA asap.

The biggest problem you face is the child of your wife. There will be no tourist visa for the child.

You can petition for a CR 1 visa for your wife and it will be granted in time. If you have been a legal resident of Thailand for at least 6 months you can file DCF in BKK. This would save you months. This plan will take months & cost a lot of money but it can be done.

Again the problem is the child. You can petition for the child at any time. However when it comes to the interview the mother will have to submit either a valid Thai court order showing sole legal custody or a letter signed by the bio father allowing the child to leave Thailand. One V J member used the court order succesfully but its the only case I know of where it worked. Check with the embassy to find out exactly what they want. This aspect is to be taken very seriously & could determnine what you want to do in the future. Focus on this first due to what you say about the importance.

You can get info about the new babies citizenship at the American consulate whiich is located in the high rise across the street from the embassy.

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Filed: Country: Thailand
Timeline

The biggest problem you face is the child of your wife. There will be no tourist visa for the child.

You can petition for a CR 1 visa for your wife and it will be granted in time. If you have been a legal resident of Thailand for at least 6 months you can file DCF in BKK. This would save you months. This plan will take months & cost a lot of money but it can be done.

Again the problem is the child. You can petition for the child at any time. However when it comes to the interview the mother will have to submit either a valid Thai court order showing sole legal custody or a letter signed by the bio father allowing the child to leave Thailand. One V J member used the court order succesfully but its the only case I know of where it worked. Check with the embassy to find out exactly what they want. This aspect is to be taken very seriously & could determnine what you want to do in the future. Focus on this first due to what you say about the importance.

Thanks Ning, you actually have helped considerably. My wife has neither a court order showing sole legal custody nor is it easy to get a letter from the bio father, whose current location is presently unknown. I'll talk to her about getting a court order as that seems the most promising route.

My wife seems to think that I cannot adopt my step-daughter under Thai law. Is she correct? I'd like to do that if we have to go to court anyway.

Edited by Bennett Family

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Filed: K-3 Visa Country: Thailand
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Thanks Ning, you actually have helped considerably. My wife has neither a court order showing sole legal custody nor is it easy to get a letter from the bio father, whose current location is presently unknown. I'll talk to her about getting a court order as that seems the most promising route.

My wife seems to think that I cannot adopt my step-daughter under Thai law. Is she correct? I'd like to do that if we have to go to court anyway.

I am sorry to find you are in this difficult position. There is no easy way out but I think you know that. I am sending you some info that may help you understand the embassies thinking in regards to finding the father.

Please take the time to find out from the embassy exactly what their position is on these court orders before you proceed. In two cases I know of they wouldnt accept the orders but I do not know why. I asked the VJ member to give details of his case but he didnt respond. He claimed to have gotten the court order accepted & therefore got the visa for the child. One couple I know spent 10 K on a court order only to have it rejected. I dont know why. I know they are here in the USA & the kids are still in Thailand.

You or your wife can buy a special pin number at any Thai post office that will allow you to call directly into the visa section to ask questions. Just frame the questions in a general manner rather than about your specific case.

I dont know much about adoptions in Thailand other than it can be difficult and takes a long time.

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Filed: Citizen (apr) Country: Thailand
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Thanks Ning, you actually have helped considerably. My wife has neither a court order showing sole legal custody nor is it easy to get a letter from the bio father, whose current location is presently unknown. I'll talk to her about getting a court order as that seems the most promising route.

My wife seems to think that I cannot adopt my step-daughter under Thai law. Is she correct? I'd like to do that if we have to go to court anyway.

I'm in the same boat. It's not likely.


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Filed: K-1 Visa Country: Wales
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No downside in trying.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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