Options for bringing my stepson from Thailand

[Lagavulin 2]

Howdy Y'all,

My wife came over on a K-1 in November of 2011, and we are STILL in the process of her AOS. I would like to bring her son, now my step-son (age 9) over and have no idea where to begin. From reading some of the posts here, I now know I do not need to adopt him and will need a release from his biological dad in order to bring him over. His dad has already signed the release. What forms do I need to file. I've read a littl on "Follow-on", but Im not sure how to go about it. Any tips would be greatly appreciated! Thanks

[Ning 619]

Howdy Y'all,

My wife came over on a K-1 in November of 2011, and we are STILL in the process of her AOS. I would like to bring her son, now my step-son (age 9) over and have no idea where to begin. From reading some of the posts here, I now know I do not need to adopt him and will need a release from his biological dad in order to bring him over. His dad has already signed the release. What forms do I need to file. I've read a littl on "Follow-on", but Im not sure how to go about it. Any tips would be greatly appreciated! Thanks

You will file a 130 form for him to begin the process. Its great to see that you have the release letter for him. The embassy requires this in both languages and both have to be signed. In some cases they have the bio father come in to interview but the ones I know of where they did that were cases where the father was difficult to deal with.

The boy will do well here I am sure. Look into your local school to learn about the ESL programs for him. Also plan on taking him to your local health clinic for his follow up shots so he can be enrolled in school.

[Lagavulin 2]

You will file a 130 form for him to begin the process. Its great to see that you have the release letter for him. The embassy requires this in both languages and both have to be signed. In some cases they have the bio father come in to interview but the ones I know of where they did that were cases where the father was difficult to deal with.

The boy will do well here I am sure. Look into your local school to learn about the ESL programs for him. Also plan on taking him to your local health clinic for his follow up shots so he can be enrolled in school.

I thought that since he was listed on her original I-129F, and it has been less than a year since she received her K-1, that the I-130 was not necessary. Is that wrong?

[rin and john 71]

Contact the embassy in Bangkok and let them know you are ready for him to get his visa. Rin came on a K3 visa in 2007 in April and her children followed in September (follow to join, as you said). I emailed the embassy in August 2007, requesting the interview. Had to send in the packet 3 info for each child and requested an interview for the two week period in late September when Rin and I would be there. They were very accommodating.

Not sure about your wife already filing for AOS and how this will impact your stepson's GC process as most K2s file with their parent. Hopefully someone will come along and clarify that situation.

[rin and john 71]

Here's a good thread on K2 with some info on FTJ. Looks like AOS can be filed subsequent to the K1 AOS, but fees are higher.

http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

[JimVaPhuong 4,863]

I thought that since he was listed on her original I-129F, and it has been less than a year since she received her K-1, that the I-130 was not necessary. Is that wrong?

No, that's not wrong. Your step-son can apply for a K2 "follow to join", as long as he gets the visa within one year of the date your wife got her visa. Contact the consulate and tell them you're ready to submit a K2 visa application for him. He'll need most of the same forms and documents your wife needed, a passport, and a medical exam. He'll also need documents and evidence to prove he's your wife's biological son. This usually means stuff like pictures of your wife and her son together while he was growing up, school records, church records, etc. He'll also need the quit claim letter from his biological father. The consulate can give you details about this stuff. If your wife's green card is approved before his K2 interview then he'll also need a copy of the green card approval notice.

If your wife has already had her biometrics and received her AP then it would be a good idea if she went to Thailand and attended the interview with him as the CO might have questions about the evidence.

[Pocho 1]

Just to add to everyone else's comments, you will need a copy from the father from the Amphur allowing him to immigrate to the states. Good luck.

[Lagavulin 2]

Thanks for all the advice! Much appreciated