Posting on behalf of a family member: K1 or CR1?

[Pheebs1201 269]

Hi folks!

My brother in law currently lives in Thailand with his wife and two kids (however, I use the term wife loosely, as they are not legally married, this is just how we refer to her in the family). They have two kids together (both under five years old).

They have now decided that they want to move back to the US together with their children, and are wondering what the best option for them is. As we have recently been through the K1 process ourselves, we thought VJ was the best place to come for advice!

It seems to me that either they can file a K1 or a CR-1 visa, but either way, he will need to move back here first and gain a US address and employment with the sufficient income requirements before filing. Can anyone confirm that this is correct? My suggestion is that the K1 would make more sense as this will probably mean less time apart, away from his kids etc. It is also my understanding that he can apply for his children to receive US passports as opposed to K2 visas as he is american.

Am I thinking along the right lines? Any other suggestions or thoughts?

I appreciate the advice, thanks!

[Cathi 5,757]

they cannot apply for the Cr-1 unless they are legally married

[Pheebs1201 269]

they cannot apply for the Cr-1 unless they are legally married

Yes I know, I meant it is an option for them to get married and then file for it.

[milimelo 4,486]

Get married and file CR1 via DCF in Bangkok's USCIS field office:

http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-bangkok-field-office

[Boiler 45,558]

Suggest he joins.

[Pheebs1201 269]

Get married and file CR1 via DCF in Bangkok's USCIS field office:

http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-bangkok-field-office

I'm not sure he can DCF. His visa is such that he has to leave and re-enter every six months.

Suggest he joins.

I will do, but just trying to get some initial feedback in the meantime