If you’re a U.S. citizen planning to marry a non-U.S. citizen, you can bring your fiancé(e)’s children with them to the United States using the K-2 visa. This visa is linked to the K-1 fiancé(e) visa and lets the children join their parents in the U.S. before the marriage happens. To qualify, the children must be unmarried and under 21 when they enter the U.S.
K-2 Visa Timeline
When applying for a K-1 visa for your fiancé(e), you’ll also need to file for your children’s K-2 visas. The U.S. citizen sponsor only needs to submit one Form I-129F (Petition for Alien Fiancé(e)), which covers both the fiancé(e) and their children.
The processing time for Form I-129F is around 7 months. Keep in mind that this doesn’t include the time from approval to the interview date, which can vary depending on your country of origin.
K-2 Visa Costs
Here’s a breakdown of the fees for the K-2 visa process:
- I-129F Filing Fee: $675 (only one fee is required)
- Medical Exam: Varies by location, but usually around $200 per applicant
- Visa Application Fee: $265 per applicant
- Incidental Expenses: Varies (translation fees, travel, photocopying, etc.)
For example, if the non-U.S. citizen fiancé(e) has 2 children, the total cost (excluding incidental fees) would be around $1,940, assuming an average medical exam fee of $200.
Note: These fees don’t include additional costs like document translations or obtaining required documents such as birth certificates. Boundless will help guide you through these steps.
K-2 Visa Eligibility
To apply for a K-2 visa, the child must meet these basic requirements:
- Be unmarried and under the age of 21 when entering the U.S.
- The fiancé(e) (parent) must meet K-1 visa eligibility criteria, which include:
- The U.S. citizen sponsor must be a U.S. citizen.
- Both the sponsor and fiancé(e) must intend to marry within 90 days of the non-U.S. citizen’s arrival in the U.S.
- All previous marriages of both parties must be legally ended.
- The couple must have met in person at least once within the last 2 years.
If your child meets these requirements, they can apply for a K-2 visa along with the K-1 fiancé(e) visa.
Required Documents
To successfully apply for a K-2 visa, you’ll need to bring the following documents to your visa interview:
- Confirmation page of Form DS-160 (Visa Application)
- Medical exam results
- Two 2×2 passport-style photos
- Police certificates (for applicants over 16) from countries where they’ve lived for over 6 months since their 16th birthday
- Valid passport (must be valid for at least 6 months beyond your intended stay)
- Birth certificate
- Divorce or death certificates (for the fiancé(e), if applicable)
- Proof of financial support
- Evidence of a real relationship between the fiancé(e)s
- Money to pay all fees
Follow the U.S. Department of State’s photo guidelines, and check out our article on gathering documents for more help.
How to Apply for a K-2 Visa
The process to get a K-2 visa involves these 4 key steps:
File the Initial Petition (Form I-129F)
The U.S. citizen sponsor submits Form I-129F, which includes the names of the fiancé(e) and children. The USCIS will review the documents to verify eligibility, and if needed, they may request additional information.
Submit Visa Application and Attend the Interview
Once the petition is approved, USCIS sends it to the embassy or consulate. The applicant will then receive interview instructions. Before the interview, medical exams must be completed for all K-visa applicants (including children). Each applicant also needs to submit Form DS-160. At the interview, all K-visa applicants (including children) must bring the required documents.
Enter the United States
After approval, the U.S. embassy will send the visa and a sealed packet of documents to the beneficiary. The Customs and Border Protection (CBP) officer at the U.S. port of entry will inspect the documents. It’s important to note that while a visa grants permission to enter, it doesn’t guarantee entry; the CBP officer has the final say.
Get Married and Adjust Status
After entering the U.S., the couple must marry within 90 days. Once married, the K-visa holders, including K-2 children, can apply for Lawful Permanent Residence (LPR) using Form I-485 (Application for Adjustment of Status). The children must still be unmarried when applying.
FAQs
What happens if the non-U.S. citizen fiancé(e) doesn’t leave the U.S.?
If the fiancé(e) overstays their visa, they could face deportation, which can negatively affect future immigration applications.
Can my K-2 children apply for work authorization?
Yes. K-2 children can apply for work authorization by submitting Form I-765. If approved, they can work during the 90 days their K-2 visa is valid. However, they can’t renew their Employment Authorization Document (EAD). Alternatively, they can apply for work authorization when applying for permanent residency.
Can K-2 children travel to the U.S. before their K-1 parents?
No. The K-2 children must either travel with the K-1 parent or at a later date.
Differences Between K-1 and K-2 Visas
The K-1 and K-2 visas are part of the U.S. immigration system designed to facilitate family reunification for foreign fiancés and their children. Understanding the distinctions between these two visa types is crucial for applicants navigating the immigration process.
Key Differences
Purpose:
- K-1 Visa: This visa is designated for foreign-citizen fiancés of U.S. citizens, allowing them to enter the U.S. to marry within 90 days of arrival.
- K-2 Visa: This visa is intended for the unmarried children (under 21 years old) of K-1 visa holders, allowing them to accompany their parents to the U.S.
Eligibility:
- K-1 Visa Holders: Must be engaged to a U.S. citizen, intending to marry within 90 days of entry, and meet specific legal requirements.
- K-2 Visa Holders: Must be listed in the K-1 petition and must be unmarried and under 21 at the time of entry.
Application Process:
The K-1 visa application includes the children as dependents, but each child must submit a separate application (Form DS-160) and pay the associated fees.
Responsibilities and Expectations
For K-1 visa holders (the parents), there are expectations regarding marriage within 90 days and subsequent adjustment of status to permanent residency. K-2 visa holders, as dependents, are expected to follow their parent’s lead in adjusting their status once eligible.
Timeframes for Processing
Processing times can vary significantly:
- K-1 Visa: Typically takes several months due to background checks and interviews.
- K-2 Visa: Generally processed concurrently with the K-1 application but may take additional time depending on individual circumstances.
Rights and Responsibilities of K-2 Visa Holders
K-2 visa holders enjoy several rights while in the U.S., including:
- Education: They can enroll in public schools.
- Medical Care: Access to healthcare services is available.
- Work Authorization: While not automatic, they can apply for work authorization once they adjust their status.
Responsibilities During the K-2 Visa Period
Children on a K-2 visa must adhere to immigration regulations, including maintaining their unmarried status and complying with any conditions set forth by their parent’s K-1 visa status.
Travel Restrictions
K-2 visa holders must travel within the validity period of their visas. If they wish to travel outside the U.S. after their K-2 visa expires, they will need to secure a different type of visa or reapply for entry.
Challenges and Issues in the K-2 Visa Process
Securing a K-2 visa can present challenges such as:
- Document Issues: Incomplete or incorrect documentation can lead to delays.
- Proof of Relationship: Applicants must provide evidence that they are indeed dependents of the K-1 holder.
Addressing Safety Concerns
U.S. immigration authorities may scrutinize applications for potential safety concerns regarding children, necessitating thorough documentation that addresses these issues.
Delays or Denials
Delays may occur due to administrative backlogs or missing information. To avoid denials, applicants should ensure all documentation is complete and accurate before submission.
Transitioning from K-2 Visa Status to Permanent Residency
Adjustment of Status Process
After entering the U.S., K-2 visa holders can apply for adjustment of status alongside their parents once they meet eligibility criteria. This process involves submitting Form I-485 (Application to Register Permanent Residence or Adjust Status) after the marriage occurs.
Timeline for Green Card Process
The timeline for obtaining a Green Card varies but typically takes several months post-marriage. Children must file separately from their parents after marriage, which can complicate timelines further.
Impact on Child Custody or Parental Issues
Custody Agreements
The presence of a K-2 visa does not inherently affect custody agreements; however, custody arrangements may influence immigration decisions if one parent seeks custody in a divorce scenario.
Legal Status Considerations
If parents separate or divorce while on a K-1/K-2 visa, it may impact the child’s immigration status, necessitating careful navigation through legal channels with immigration authorities involved.
Visa Denial and Appeals for K-2 Visa Applications
Common Reasons for Denial
Reasons for denial often include insufficient documentation or failure to demonstrate eligibility based on familial relationships.
Appeal Process
If denied, applicants have the right to appeal through a formal process outlined by USCIS, which includes filing Form I290B (Notice of Appeal) within a specified timeframe.
Tips for Successful Applications
To improve chances of approval:
- Seek legal counsel if needed during application preparation.
- Ensure all documents are complete.
- Provide clear evidence of relationships.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an IR-1 Visa or a CR-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can help you.
