documents in thailand

[brice 0]

Ok so with my US divorce nearing its completion the rubber is meeting the road with the K-1application process. I have been pouring over the guides and wikis and threads here. I sent my fiancee an email of the guide from here and the 325 pdf and the letter of intent model. She's stated that she has to go home to get the divorce docs and proof of her being single again. A few months ago she had her decree officially translated and had it pdf'd to me. She's told me that the way she understands it there is only one place that is accepted for docs translations by the embassy/consulate. Can you guys clarify for me why she would have to go home for the divorce papers(she has them in hand)? And if there is any truth in the rumor she is currently believing? About the only one source for translated docs?

Also because we have a child I understand that he will not be allowed to ride on her visa that I must go claim him. How long does tha take? Can I do two birds with one stone and do both at the interview? Also I seem to be getting conflicting info on. The interview some say I can be there others say no what's the deal on that? Also to claim my son I must be there in person correct?

Trying to figure the logistics of all this time off budget etc. Thanks for the help.

[rin and john 71]

In the second paragraph, I assume you mean your son does not qualify for a K-2 as he has a claim to US Citizenship. You will need to file for a Consular Report of Birth Abroad to get him a CRBA certificate (after which he can get a US passport). Both can be applied for a the same time, but item 7 in the link indicates the CRBA is printed in the USA and is available 2 to 3 weeks after approval.

http://bangkok.usembassy.gov/service/birth-of-a-u.s.-citizen-in-thailand.html

With regard to being at the interview, it is not allowed (I was able to go to Rin's interview - the CO talked to me more than they did her - but that was 2007; since then some guy started a fight when his fiancee was denied and significant others are no longer allowed to be present). That said, the visa interview area and the US Citizen Services area are basically in the same large room with a seating area inbetween. So if you scheduled the appt for your son's CRBA on the same day, you would be able to "wait" in the same area even if you couldn't go to the interview window with her.

Translations can be done by numerous companies. Several recommendations on the US Embassy website:

http://bangkok.usembassy.gov/root/pdfs/translators_photographers.pdf

[brice 0]

Yes he is eligible for it but because I was/am still married when he was born I couldn't apply for his citizenship when I was there for his birth. I am listed on the brith records as his father. Being as though I haven't applied for his citizenship to this point can he ride on her visa? I seem to recall a smilar question here recently and the answer was no. $$ wise if he could that would simplify things a great deal as I would only have to go back once to pick them up(child support is brutal).

Good call on the link it's much appreciated. As is true with a lot of people they believe what the friends say blindly...

[rin and john 71]

Looked through the CFR and several government websites and could not find anywhere that addresses what you are wanting to do (getting a K-2 visa issued for the child of a USC). I suggest you e-mail the visa section of the US Embassy in Bangkok and asked them if a visa can be issued with the details of your situation. Better to get an answer now than to wait and see how they process it as they will know he is your son from the BC provided on the K-1/K-2 application. You'll then have to decide how you go about getting your son USC status.

Best scenario, would be that your son would be eligible for a K-2. If he is, go to Thailand and during the interview go to the USC services area and file for the CRBA and passport. Hopefully it can be mailed to your address in the US, but if not an authorized representative can pick up both the CRBA and passport and send them to you. Your son essentially would enter the US on the K-2 and become a USC when his CRBA is approved. If for some reason his CRBA is not approved, then you would pursue the AOS for K-2 route and subsequent citizenship through naturalization of his mother (much riskier if she decides to not pursue US citizenship).

Worst scenario, would be your son is not eligible for a K-2. Then you go the CRBA/passport application route and wait 2 to 3 weeks before he gets both documents. Either you wait in Thailand for this time, or return to the USA (at which point you decide to go back to travel with fiancee/son to the USA or let them fly alone).

[brice 0]

I was wondering the same thing. Email sent I will report back exactly what they say.

[brice 0]

"Dear Brice,

If you are a U.S. citizen and he is your biological son then you may need to apply for a Consular Report of Birth Abroad to establish your son’s rights to U.S. citizenship. The visa unit may not consider him for a U.S. visa if he has rights to U.S. citizenship.

Below is more information on how to apply for a Consular Report of Birth Abroad.

Regards,

American Citizen Services"

So looks like you're idea is the best one file for him and if they reject him go get his passport...

[ThaitoUSA 15]

According to their email, it may be best to apply for CRBA and get him a passport. Since his biological father is a US citizen, he may not be eligible for K-2 visa.

[JD63 4]

I believe she would have to go to the local amphur where she is registered to get these documents and the free to marry docs. These can then be translated by various places, but if it must be "legalized" or certified by the Royal Thai Ministry there is only one place that does this. I'm not sure if this would be one of those documents that requires such a translation.

Yes, if the child has a claim to citizenship they cannot receive a visa.

[rin and john 71]

Brice - Finally found something definitive. Go with the CRBA and passport application. Here is the State Department's position on your issue:

http://travel.state.gov/visa/questions/questions_1253.html#claim

[/url]"I may have a claim to U.S. citizenship. Can I apply for a U.S. visa?

With few exceptions, a person born in the United States acquires U.S. citizenship at birth. A state-issued birth certificate serves as evidence of citizenship. Review the Apply for a Passport webpage to learn more.

Persons born in countries other than the United States may have a claim to U.S. citizenship if either parent is a U.S. citizen under U.S. law. Learn more on the Birth of U.S. Citizens Abroad webpage.

If a person is a U.S. citizen, he or she is not eligible for a visa. Any applicant believing he or she may have a claim to U.S. citizenship should have his or her citizenship claim adjudicated (officially determined) by a consular officer at a U.S. embassy or consulate before applying for a U.S. visa. "

I would do this before the K-1 interview. If for any reason they deny your son citizenship, he would still be eligible for the K-2 visa.

John