K-2 Visa

What is the K-2 visa?

The K-2 visa allows certain eligible children of K-1 fiance(e) visa applicants to come to the United States with the
K-1 visa holder or to meet the K-1 visa holder in the United States later.

Can a K-2 visa holder permanently live in the U.S,?

The K-2 visa is not permanent and does not provide the visa holder with permanent residency status in
the United States. The K-2 visa is the nonimmigrant visa available for foreign citizens whose parent is engaged to
be married to a U.S. citizen. In order to become a permanent U.S. resident (green card holder), K-2 visa 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 visa holder arrives in the United States.
The K-2 visa holder must remain unmarried and under the age of 21 throughout their application process for a green
card.

Who is Eligible for the K-2 visa?

To qualify for the K-2 visa, an applicant must be a child of a K-1 visa applicant and under the age of 21. Thus, a
K-2 visa holder must continue to be unmarried and under the age of 21 throughout the application process in order to
be admitted to the United States, and must remain unmarried and under the age of 21 throughout their stay in the
United States as K-2 nonimmigrants.

What is the process for obtaining a K-2 visa?

The process for obtaining a K-2 visa for eligible children of the K-1 visa applicant can occur simultaneously to the
K-1 visa applicant’s petition, or after.

Generally, the K-2 application process involves the same steps as the K-1 visa application process.

Step One: Filling out the Form I-129F with the United States Citizenship and Immigration Services

The first step to receive a K-2 visa is for the U.S. citizen fiance(e) to file Form I-129F, Petition for Alien fiance(e)(e) with the children seeking a
K-2 visa must be listed on the form. By filing this form, the U.S. citizen is asking the United States Citizenship
and Immigration Services (USCIS) to recognize the relationship between the U.S. citizen and the applicant, as well
as the parental relationship between the K-1 and K-2 applicant(s). Eligible children may apply for K-2 visas 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 applicants’ eligibility for the K-1 and K-2 visa, the Form I-129F is approved and then
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 the 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 the reasons 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 the Form I-129F is approved, each K-2 visa 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 the Form DS-160, the applicants must upload a photo that meets certain
photograph
requirements.

Step Two: Schedule Interview at U.S. Embassy or Consulate

After the National Visa Center receives the approved Form I-129F with 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.

Step Three: Prepare for Interview at U.S. Embassy or Consulate

Any K-2 visa applicant(s) over the age of 14 will likely be required to attend the interview at the U.S. Embassy or
Consulate at the same time as their K-1 applicant parent.

At the interview, the K-2 visa applicant(s) and his or her parent will be asked questions to verify their
relationship and the K-2 applicant’s eligibility.

The K-2 visa 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

    Step Four: 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 the K-2 visa and a sealed packet that contains the documents the K-2 visa applicant(s)
provided as well as documents prepared by the U.S. Embassy or Consulate. The new K-2 visa holder(s) must not
open the sealed packet.
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.

Step Five: After the Marriage

In order 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 holder in order for them to
become legal permanent residents.

After the U.S. citizen spouse submits the Form I-485 with accompanying documents, the applications to register for
permanent residence are reviewed by the USCIS. Approval of the Form I-485 will grant the foreign citizen spouse and
their eligible children a Green Card valid for 10 years.

Can K-2 Visa Holders Study and Work in the United States?

Yes. K-2 visa holders may study or work full-time or part-time while in the United States. In order for a K-2 visa
holder to work in the United States, they must apply for and receive an Employment Authorization Document (EAD) from
the USCIS by submitting Form I-765, Application for Employment
Authorization.
This form can be filed online or through the mail.

K-2 visa holders who are applying for a Green Card for lawful permanent residence can submit Form I-765 when they
submit Form I-485, Application to Register Permanent Residence or Adjust
Status.

For How Long is the K-2 Visa Valid?

Generally, the K-2 visa is valid for 90 days after arrival to the United States. The foreign citizen fiance(e) and
his or her U.S. citizen fiance(e) must be married within these 90 days in order for the K-1 and K-2 visa holders to
stay in the United States. If the U.S. citizen fiance(e) and K-1 visa holder are not married within 90 days, the K-1
and K-2 visa holders must leave the United States.

How Much Does it Cost to Apply for the K-2 Visa?

  • The Form I-129F filing fee is $535
  • DS-160 fee is $160
  • Potential biometrics fee is $85
  • Embassy fee is $265
  • Form I-485 fee is $1,140
  • Form I-751 fee is $595
  • Medical exam cost varies

Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.