Question:
In summer of this year I was in
Thailand and became involved with
a nice Thai girl (not a bar girl
(actually she is my travel agent
for the tour agency I used to book
tickets for exploring Thailand and
South East Asia)). We were sexually
active and used the morning after
pill (Postinor 2) to prevent pregnancy.
After my return to America in late
July we kept in touch through once
a week phone calls. I had promised
I would come back to see her during
new years, and I was good to my
word and came back to see her.
Upon my arrival
she informed me that she was pregnant
with my child. She did not want
to tell me in our phone conversations
before because she was afraid that
I might abandon her and never come
to see her. Naturally we will do
a paternity test when the child
is born (the doctor recommended
this as safest for both the fetus
and the mother). I believe that
she had been faithful to me and
the timing is right for her to be
6 months pregnant now with conception
occurring mid July. The baby is
due in March.
We have decided
to raise the child ourselves, but
there are numerous problems. I live
and work in America. She lives and
works in Thailand. I am only free
to come to Thailand for very brief
periods. Our relationship is not
strong yet. We have not had enough
time together to learn about each
other and develop a strong bond
between us.
I am 27 and
she is 25. We are not married. Can
anyone recommend: 1) An attorney
familiar with Thai family law* 2)
An attorney familiar with American
family law* 3) An attorney familiar
with immigration law* 4) Similar
relevant experiences? 5) Other?
*All three in one would be a bonus.
For the forseeable future she will
remain in thailand and raise the
child with the support of her family.
I will be in the USA and responsible
for sending money to support the
child. If our relationship does
continue to develop and we decide
to move her and the child to the
USA will that be possible? What
effects will the child have on her
ability to live (visa/greencard)
in the USA.
Supposing
our relationship does not work out
I want to ensure that the child
is provided for and that I am in
compliance with relevant Thai and
American laws.
Answer:
Something to consider, and quickly,
if she can get a visa and have the
baby in US it will be a citizen
with all the rights this gives one.
I would want any child of mine to
have US citizen ship if at all possible
to give it more options in later
life. Medical costs will be far
greater but I think it would pay
off in the long run in increased
opportunity and ease of visiting
you.
If the child
is born in the US. It doesn't matter
if either of the parents is a US
citizen. Any child born in the US
has automatic US citizenship. However,
that's one of the things the embassy
is watching for when passing out
visas.
A pregnant
girl friend of a US citizen is not
likely to be able to get a visa.
As for the original question, unless
that child is born in the US it
won't help at all to get her into
the US. If they were married the
child could get US citizenship even
though born in Thailand and that
would probably help. However, if
eventually they get married then
that is enough to get her consideration
for immigration and having the baby
won't help (except to help establish
the legitimacy of the relationship).
