I'm about to take a job back in Mechanicsburg, Pennsylvania. So I need some direction with what visa to apply for my dependents.

I married in Bangkok at the Ampur 5 years ago and then spent 2004-2007 in Japan with my wife and now 11 year old step-daughter. So my step-daughter attended an American school for 2 years and speaks English well. I also want to take my 18 year old Thai step-son. We've been in Thailand since I retired 2+ years ago.

All three of them hold valid United States retired military dependent ID cards. The wife and step-daughter were officially sponsored by the US government while in Japan under the Status of Forces Agreement.

I'll need to be in my new job in roughly 6 months and would like my dependents to be in the US no later than March next year. So, which visa should I apply for them ? Immigrant or non-immigrant?

Any and all advice is appreciated.

You wil need to get immigrant visas for them.

The first step is submitting a I-130 for them. Since you are now living in Thailand you shoud be able to file it at the USCIS office in Bangkok.

Info on the I-130: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You will find additional info on the above website that will help you.

As a long term Thailand resident you are likely allowed to file locally at USCIS Bangkok. As for the step-children, they should be entitled to derivative child visas based upon their family relationship to you and their mother. As a general rule, Immigrant Visas are a better option because they confer Lawful Permanent Residence upon entry. Being married for more than 2 years entitles your wife to apply for an IR-1 Visa, which confers LPR without conditions.

By filing locally, the process is currently expedited in comparison to filing at a Service Center stateside. That means that hitting your proposed time frame is a possibility in your situation.

Best of Luck,

Ben Hart

US Immigration Attorney

Integrity Legal

+66 (0) 2 266 3698

1-877-231-7533