osten

In the four months since I've started this thread, I've managed to legally adopt my stepson under Thai law. He also now has a tourist visa, which he received while still just my stepson.

In one week, we will go to the USA together, using his tourist visa. As he cannot legally attend public school while under a tourist visa, I now want to get him U.S. citizenship as quickly as possible.

I've done my homework and Googled tons of web sites about the scenario, but most of the adoption laws discuss orphaned children, not stepchildren who were adopted abroad.

I would like to know the best route to go about getting citizenship for him. I am under the impression the IR-3 visa is only for orphans who are adopted, and therefore applying through the I-130 is the best route. If I go this route, can this be done while in the USA?

Thanks for any feedback or input here.

Regards,

Osten

Hi Sumgmt,

Thanks for your insightful reply.

My step-son is 12 years old, and will turn 13 before he would begin his next school year. He would attend school in a small town near Harrisburg, Pennsylvania. He presently has only Thai citizenship. However, I am also in the process of legally adopting him. If the adoption can be completed in the near future, would that simplify things, or would it not really make a difference for school attendance?

It's too bad that other Americans ruined the system, as I have no intention of abusing it by bringing a bunch of non-Americans to attend school. The only person I am trying to get to attend is my step-son (soon to be legally adopted son).

If my step-son is staying with his American grandmother, a lifelong district resident, would that be considered "closely related?"

By the tone of your post, I get the impression you are a lawyer here in Thailand. I know you're not allowed to blatantly promote that in this forum, but I would like to meet with you to discuss this in person if that is the case. Unfortunately, I leave for a multi-month business trip to USA in 5 days, so time is of the essence. Could you kindly send me a PM?

Regards,

Osten

You have not mentioned the step-son's age nor the state & city to which he would go? I have been sending Asian students to public high school programs for many decades. If he has only Thai citizenship then he can go on a J-1 visa for the first year and if for the following years normally an F-1 visa. From 1992 many school districts were urged to check very carefully on non-American students enrolling in the public systems as some American families were bringing whole villages of friends and relatives from abroad to be educated FREE on the basis of those families paying their school tax. There are two issues--the student needs a visa to enter and stay in the USA and the student if not closely related to the taxpayer/property owner is considered an out-of-district student and must pay the tuition that school district charges for students attending whether American or not. Some of our 19,000 districts have very reasonable tuitions ca. $ 2000 while some are very high, $ 16,000.

I don't know if the stepson can apply for PR by himself. As I said, the reentry permit would preserve your wife’s PR for up to 2 years out of the country because of your employment overseas. You probably need to see a lawyer about your options, the consulate is not in the business of giving advice.

TH

Thanks, TH. I'll get with a lawyer. That is indeed probably the best option, as it's a bit tricky.

Interesting situation. I think your best bet would be to submit I-130 petitions for wife and step son in Bangkok, it should only take a couple of months to get the visas allowing them to get green cards. Your wife should apply for the re-entry permit, keeping her permanent resident status good for 2 years while out of the country and the step son can stay in the US indefinitely, and apply for citizenship when reaching age 18.

TH

ThaiHome,

Thanks for the suggestion.

To apply for the I-130, doesn't my wife need to intend to reside in the USA? If so, that may be a problem because neither of us plan to actually reside in the USA. After we married in the USA, the reason we did not apply for permanent residency was because she was required to stay in the USA for a period of time AND intend to actually live in the USA. That's why we opted to just get her a 10 year tourist visa instead, as it made more sense since she only needs to go to USA a few weeks per year to accompany me on business and visit the family.

Is it possible that my stepson could apply for permanent residency, on the basis of his stepfather being a US citizen, but WITHOUT his mother actually living in USA?

I really appreciate the help, as the US embassy has not been very helpful at providing me with a clear suggestion.

Regards,

Osten

Look into the "K-4" visa, there might be something there for you

TC

Thanks for the suggestion. I checked it out, but it appears that a K-4 is only available if your wife has applied for a K-3 visa. Since my wife and I married in the USA, she was not a K-3 visa applicant. Further complicating the matter is that she has NOT applied for US residency because we plan to live in Thailand, but child needs to go to school in USA.

Anyone else have any helpful suggestions?

Thanks again,

Osten

Teacup,

Thanks for your reply. I also came across that same thing on the State Department web site. However, I still am unclear as to which visa to apply for if the school says he may attend without an education visa. The school has said their only requirement for attendance is for him to live with somebody in the district, and the type of visa doesn't matter to them. So, that being the case, would I still go the F-1 route or not? Seems like a circular task, as the F-1 requires an I-20 first, but this school doesn't require an I-20. As for the immigration route, I believe that would take too long, as he wants to start school this fall.

Anybody else out there have similar experience with this and can shed some light?

Thanks much!

Osten

Hello everyone,

After getting no clear answer directly from my embassy, I'm hoping that someone on this forum has experience that can assist with my question.

I've searched this forum extensively, but have not yet found this exact situation discussed anywhere. Excuse me if it was already covered and I missed it.

I am an American citizen living full-time in Thailand. I am legally married to a Thai lady, and we got married in the USA. My wife presently has a 10-year tourist visa to the USA, which is all we need because we don't live there. My Thai stepson wishes to attend public school in the USA starting this fall. The public school has agreed to accept him, and he will be staying with his American grandmother while his mother and I remain in Thailand (running a business). The question is exactly what type of visa do I need to get him?

The obvious answer is an F-1 education visa, but I don't know if that is necessary, since his stepfather is an American citizen. To receive the F-1 visa for attending public school, the law states that he must pay tuition to attend. However, the school says he can attend free because he'll be staying with a tax paying resident of the district he will be attending.

Is there a different type of visa I should be getting, or do I still need to go the F-1 route? If the latter, is there any way to avoid paying regular tuition fees?

Thanks in advance for any feedback.

Regards,

Osten

Hello Soundman,

I just returned from Hua Hin and stayed at a romantic place called The Bee & B (www.beeandb.com). It was a pretty unique bed and breakfast, not a hotel, located behind the Grand Hotel, close walking distance to the beach and downtown. The property had a jacuzzi, teak wood bathtubs, nice beds, original homemade breakfast, etc. They have just four rooms for rent and I think they just opened a few months ago. I paid 2,800 for the deluxe room, but the rooms may start lower than that.

Hope that helps.

Regards,

Osten

Hi all,

My folks are coming to Thailand to visit in mid October. We are planning on spending four or five days in Hua Hin. I normally stay at Sofitell in Hua Hin & because I have a central Gold Card that is OK for two nights because they give the first night at 50% discount & the second for free.

However, three rooms for four nights will break the bank.

Can anyone recommend a reasonable hotel or bungalow near Sofitell with pool & walking distance to the beach? Around 2000 - 3000B per night.

Thanx heaps,

Soundman.

Thanks for the prompt reply, sunbeltasia.

Sunbeltasia,

Can you tell me if anything will change regarding extensions on the non-immigrant B visas? I have been getting one through my local consulate in each of the past three years.

Thanks,

osten

Anything new on this Metropolis in Pratunam? I also am interested in a unit and would appreciate any info.

Thanks,

osten