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When individuals in the United States want to bring their foreign fiance to the country, they can use a K1 visa, allowing them to enter the U.S. and eventually marry them. However, many couples may already have children from previous relationships, and they naturally want to bring those children to the U.S. as well. This is where the K2 visa comes into play. The K2 visa is designed for the children of K1 visa holders, allowing them to enter the United States with their parents.
This blog will explore the critical details of the fiance visa process, focusing on the K2 visa and how it applies to the children of K1 visa holders.
Understanding the K1 fiance Visa
The K1 visa, or the fiance visa, is a nonimmigrant visa issued to foreign nationals who marry U.S. citizens. The primary purpose of the K1 visa is to allow the foreign fiance to enter the United States, and the couple must marry within 90 days of the K-2 visa holder’s arrival in the United States. Once the marriage occurs, the foreign spouse can apply for an Adjustment of Status to become a Lawful Permanent Resident (green card holder).
The K1 visa is specifically for U.S. citizens, not for lawful permanent residents. A USC may petition for his or her Fiance. It is important to note that the couple must have met in person at least once within the two years preceding the K1 visa application unless exceptional circumstances prevent such a meeting (such as cultural traditions).
What is the K2 Visa?
The K2 visa is a nonimmigrant visa designed for the unmarried children (under 21) of K1 visa holders. If a foreign fiance has unmarried children under 21 years old, they can apply for a K2 visa, allowing the children to accompany their parents to the United States. The K2 visa enables children to enter the U.S. with their parents. After the parent marries their U.S. citizen fiance, the children can adjust their status to become permanent residents.
The K2 visa application process runs concurrently with the K1 visa application, and both must be submitted simultaneously to ensure that the children can travel with their parents. The parents must marry within 90 days to confer valid status to the K-2 child.
Can a K-2 visa holder permanently live in the U.S.?
This is not permanent and does not give the visa holder permanent residency status in the United States.
To become a permanent U.S. resident (green card holder), the holders must apply for adjustment of status at the same time as their K-1 visa-holding parent. Applications for adjustment of status are filed with the United States Department of Homeland Security (DHS) after the K-2 holder arrives in the United States.
Eligibility Requirements for the K2 Visa
To qualify for the K2 visa, specific eligibility requirements must be met. These requirements include:
- The Child Must Be Unmarried and Under 21: At the time of visa issuance, the child must be unmarried and under 21 to be eligible for the K2 visa.
- The Parent Must Hold a Valid K1 Visa: The K2 visa depends on the parent’s K1 visa. If the parent does not receive a K1 visa, the child cannot qualify for a K2 visa.
- The Child Must Apply for Adjustment of Status: After the K1 visa holder marries their U.S. citizen fiance, the child must apply for adjustment of status to become a lawful permanent resident (green card holder) in the U.S.
The K2 visa holder must enter the U.S. while the K1 Visa is still valid: The K2 visa holder must enter the U.S. with or after the K1 visa holder but not before.
How to obtain a K2 Visa?
Generally, the K-2 application process involves the same steps as the K-1 visa application process.
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Filling out the Form I-129F with the United States Citizenship and Immigration Services
The first step to receive this is for the U.S. citizen fiance(e) to file Form I-129F, Petition for Alien fiance(e)(e) with the children seeking this visa must be listed on the form.
By filling out this form, the US citizen asks the US Citizenship and Immigration Services (USCIS) to recognize the relationship between the US citizen and the applicant and the parental relationship between the K-1 and K-2 applicant(s). Eligible children may apply for this visa if the Form I-129F is approved for the K-1 visa applicant.
The USCIS will then review the submitted Form I-129F and may request additional information or documentation.
If the USCIS establishes the applicant’s K-1 and K-2 visa eligibility, Form I-129F is approved and sent to the United States Department of State National Visa Center.
The approved Form I-129F is valid for four months from the date of approval by the USCIS. A consular officer may extend the validity of Form I-129F if it expires before processing is complete.
If the USCIS denies the applicant’s Form I-129F, the applicant will be notified of why it was denied. Certain conditions and activities may make an applicant ineligible, including drug trafficking, overstaying a previous visa, or submitting fraudulent documents. Some ineligibilities may be waived, while others may not.
After Form I-129F is approved, each applicant must complete the Online Nonimmigrant Visa Application by filling out Form DS-160 and paying the required fee, along with the K-1 visa applicant.
While completing Form DS-160, the applicants must upload a photo that meets specific photograph requirements.
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Schedule an Interview at the U.S. Embassy or Consulate
After the National Visa Center receives the approved Form I-129F for each K-2 applicant listed, the form will be forwarded to the U.S. Embassy or consulate nearest to the K-1 and K-2 visa applicants. The U.S. Embassy or consulate will then notify the applicants of the day and time of their visa interview at the U.S. Embassy or consulate.
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Prepare for an Interview at the U.S. Embassy or Consulate
Any applicant(s) over 14 will likely be required to attend the interview at the U.S. Embassy or Consulate simultaneously with their K-1 applicant parent.
At the interview, This applicant(s) and his or her parent will be asked questions to verify their relationship and the K-2 applicant’s eligibility.
This applicant(s) should prepare the following documentation to bring with them to the interview:
- Completed Form DS-160
- A valid passport for travel
- Birth certificate
- Medical examination documents
- Evidence of financial support, including Form I-134, if requested
- Two photographs conforming to photograph requirements
- Payment of all applicable fees
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Enter the United States
After K-2 visa(s) are issued to the K-1 visa applicant’s children, the Consular Officer will provide the applicants with a passport containing this and a sealed packet containing the documents.
This applicant(s) provided and documents prepared by the U.S. Embassy or Consulate. The new K-2 visa holder(s) must keep the sealed packet open. The sealed packet will be opened by the DHS immigration official when the new K-2 visa holder(s) enter the United States. The new K-2 visa holder must seek entry into the United States within 6 months from the date the visa was issued.
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After the Marriage
For any K-2 children to stay in the United States, the K-1 visa holder must marry their U.S. citizen fiance(e) within 90 days of arrival to the United States.
After the marriage, the U.S. citizen fiance(e) will need to submit Form I-485, Application to Register Permanent Residence or Adjust Status, to the USCIS for the K-1 and K-2 visa holders for them to become legal permanent residents.
After the U.S. citizen spouse submits Form I-485 with accompanying documents, the USCIS reviews the applications to register for permanent residence. Approval of Form I-485 will grant the foreign citizen spouse and their eligible children a 10-year-valid Green Card.
Adjustment of Status for K2 Visa Holders
Once the K1 fiance marries their U.S. citizen fiance, they can apply for adjustment of status to become a lawful permanent resident. The K2 visa holder must also apply for adjustment of status to become a permanent resident. The adjustment of the status process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
The K1 fiance must marry within 90 days, as the K2 visa holder’s status is directly tied to the K1 visa holder’s status. If the marriage does not occur within 90 days, the K1 and K2 visa holders may be required to leave the U.S.
Once the Adjustment of Status is approved, the K2 visa holder will receive a Green Card, granting them lawful permanent resident status.
Benefits of the K2 Visa
The K2 visa provides several benefits for the children of K1 visa holders, including:
- Accompanying a Parent to the U.S.: The K2 visa allows children to travel to the U.S. with their parents, making the transition easier for families.
- Eligibility for Adjustment of Status: After the K1 visa holder marries their U.S. citizen fiance, the K2 visa holder can apply for adjustment of status to become a permanent resident.
- Access to Education: K2 visa holders are eligible to attend school in the U.S., which provides access to the American education system.
- Work Authorization: After applying for adjustment of status, K2 visa holders may be eligible to apply for employment authorization, allowing them to work in the U.S.
Challenges of the K2 Visa Process
While the K2 visa provides a pathway for children to enter the U.S. with their parents, there are specific challenges that applicants may face:
- Strict Age Requirements: The child must be under 21 and unmarried at visa issuance. If the child turns 21 before entering the U.S., they may no longer be eligible for the K2 visa.
- Tied to the K1 Visa Holder’s Status: The K2 visa holder’s status is directly linked to the K1 visa holder. If the K1 visa holder fails to marry their U.S. citizen fiance within 90 days, the K2 visa holder’s status may be at risk.
- Adjustment of Status Process: The adjustment of status process can be lengthy and may require additional documentation and legal assistance.
Conclusion
The K2 visa is an essential component of the K1 fiance visa process, allowing children of K1 visa holders to join their parents in the United States. While the application process can be complex, it provides a clear pathway for children to enter the U.S., apply for adjustment of status, and eventually become permanent residents. Families looking to navigate the K1 and K2 visa process should ensure they meet all the eligibility requirements and stay informed about the necessary steps to bring their loved ones to the U.S.
For professional legal assistance in navigating the complexities of the K1 and K2 visa process, consider consulting Sweta Khandelwal. With over 18 years of experience in immigration law, Attorney Sweta Khandelwal and her team are well-equipped to provide personalized legal support for your family’s immigration needs.
Contact us today to schedule a consultation and get expert advice tailored to your situation.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
