Proof of full custody K2 visa

[DavidANDChris]

Hello everyone,

Chris and I are starting our K1 visa journey.  I am from the US and she is from Thailand.  She has two children that we need to make sure we bring along on our journey.  I hope I can receive some clarification as to what we need to provide as proof she has sole physical and legal custody of her children in order to allow them to emigrate to the United States.  I will call the children K and M.

 

Both children are minors.  Both were born to the same father out of wedlock.  He did not legitimize either of the children with the local Amphur.  I do not believe it will be possible to get the father to sign any document and provide an ID in front of a government official.

 

K, the father did NOT sign her birth certificate.

M, the father DID sign his birth certificate.  

 

I cannot find a specific, recent topic that speak on what is required when the father did NOT sign the birth certificate.  Is the lack of a signature and a letter from the Amphur attesting that she has sole custody enough documentation for the embassy?

 

I found a few threads on when the father could not be located or would not provide the proper documentation.  I do not know if these apply as M was not legitimized by the father.  Can someone point me to details on what we need to provide in this case?  Will the father need to be contacted if it does require a court order of sole custody based on her already having sole custody.  I.e.  The court order rejecting a petition with the explanation that the mother already has custody so the court can't grant it.

 

 

Through googling, I found mention that the embassy does not require a PIN to call and ask questions any more.  Is this correct?  I understand questions have to be asked in an, what have you accepted in similar scenarios format.  Does anyone know if you can also email the embassy for this information?

 

Thank you for any direction you can provide on this.

[DavidANDChris]

Can anyone point me in a direction where I can find an answer to this question?

 

Thank you

[happylarry]

I will send you my wife’s business card with her telephone number, by personal message.

Please note that she will not know anything about the questions relating to the Embassy or US visa’s etc. But she will be able to help you with any questions you have about legal custody, birth certificates etc in Thailand.

I hope this helps.

HL

 

[Mattd]

You should seek legal advise about this, perhaps HL's wife can assist on the legalities?

 

I am no expert, but as far as I know under Thai law, if the children are not legitimated by the way of marriage (either before birth or after) and the father has not sought to legitimise the children through the courts or an Amphur office (which takes the Mother's consent), then the mother has sole custody by definition and her local Amphur office would provide her with documentation to such.