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You’ve probably heard of the K-1 visa, a very popular option for U.S. citizens to bring their fiancé(e)s to the U.S. for the purpose of getting married. Of course, no family is truly complete without the children! A K-2 visa is granted to minor children who either accompany the K-1 parent or join the K-1 parent within one year from the visa’s date of issuance. In this guide, we’ll review the requirements, interview steps, processing time, and more.
A K-2 visa permits children of a K-1 fiance visa holder to enter the United States until an immigrant visa is available to them. In order to be eligible for one of these nonimmigrant visas, the applicant must be under the age of 21 and be an unmarried child of the K-1 applicant. Children of a fiancé(e) have the opportunity to be granted a K-2 visa from his/her parent’s fiancé(e) petition. The United States citizen who is petitioning is mandated to have the names of the children on the I-129F petition. Once the fiancé(e) and American Citizen are married, the children of the fiancé(e) are required to obtain a separate Application to Register Permanent Residence (Form I-485) or an Adjustment of Status. It’s never been easier to bring your fiancé to the U.S. with VisaNation’s exclusive service. Get started today, and start the immigration process to reunite with your loved one.
If the child(ren) bypasses the one year limit then a separate immigrant visa petition will be necessary. Again, for the child to qualify for the K-2 visa, he/she is required to be unmarried. Also, the marriage between the fiancé(e) and U.S. citizen is mandated to occur before the child reaches 21 years of age. Previously, the age limit was 18, but the Child Status Protection Act (CSPA) extended that to 21 years old. Click here to read Fiance Visa vs Spouse Visa.
The following K-2 visa forms are required for a K-2 visa application:
There are other documents required which may vary from case to case. Contact a VisaNation Law Group K-2 visa lawyer to learn what those are.
As of 2024, the current processing time is 12-15 months. Note that the processing times for any visa or green card are rarely set in stone. These times usually vary based on the caseload of the service centre that is processing your petition. On average, however, the I-129F takes between four and six months to process.
Even though premium processing (the optional service that expedites your processing time to 15 calendar days) is made available for many visas and green cards that use the I-129 and I-140 petitions, the K-2 makes use of the I-129F, which is not eligible for premium processing.
It’s also necessary to mention that the 7 months average time doesn’t include the time when the government approves the I-129-F to your interview date (this fluctuates based on the country from which you are applying). Consult an immigration attorney for more details about this.
After the K-1 visa holder gets married to a U.S. citizen, the K-2 visa holder should apply for an adjustment of status (the green card path makes sense in most cases).
As long as you and your U.S. citizen fiancé(e) are married within 90 days of your arrival in the U.S., an immigrant visa number will be available right away without having to mess with priority dates. To apply, you need to file an I-485 Application to Register Permanent Residence or Adjust Status. This can take about six months to process and premium processing is not available. You need to file an application for you and for each one of your K-2 children.
Once your I-485 is approved, you will become a legal permanent resident and your marriage-based green card will be mailed to you along with green cards for your K-2 children in the following six months.
If you are over the age of 21 and unmarried, you will no longer be considered an immediate family member. You will instead be eligible for the F1 green card. However, this visa is subject to priority date waiting times, which can be up to several years depending on your country of origin.
Bring Your Fiancé to the U.S. Start
Bring Your Fiancé to the U.S.
Start
The U.S. Consulate or Embassy that is processing the K-1 fiancé(e)’s visa will likely require all K-2 children over the age of 14 to attend the consular interview along with his or her parent. This might also include asking the child questions to help verify the fiancé(e)’s relationship with the U.S. citizen, so keep this in mind before appearing for your interview.
Here are some sample questions that may be asked:
What is the name of the person that your parent is going to marry?
Have you ever met the person?
Can you tell me anything about this person?
Do you know how long your parent has been dating this person?
What activities do your parent and her fiancée enjoy doing together?
As with all consular interviews (and all immigration dealings), honesty is the best policy. Answering “I don’t know” to a question is far better than making up an answer or exaggerating the truth, since that could easily affect your ability to apply for further visas or to adjust your status to legal permanent resident.
Increase Your Fiancé Green Card Approval Chances with VisaNation Start
Increase Your Fiancé Green Card Approval Chances with VisaNation
The K-2 has several costs attached to it, including:
Expense
Cost
I-129F Filing Fee
$675
Possible Biometrics Fee
$85
Visa Application Fee (for each K visa applicant)
$265
Medical Exam
Varies
Other costs may include travel expenses, translating documents, as well as attorney fees. To view our flat K-2 rates, you can visit our fees page.
Below are a number of K-2 visa frequently asked questions. For additional questions, contact a VisaNation Law Group K-2 visa lawyers for further details.
Q. What is the time limit on a K-2 visa?
On a K-2 visa, you are allowed to stay in the United States for a maximum of 90 days, beginning on the day you enter.
Q. What happens if my parent (K-1 visa holder) doesn’t marry their fiancé?
If the K-1 parent visa holder does not get married within the 90-day window, the K-2 visa holder must leave the U.S. within 30 days.
Q. Are you allowed to extend your visit on a K-2 visa?
On a K-2 visa, you may not file for an extension of stay if for whatever reason your K-1 visa holder parent does not get married.
Q. Are you permitted to study or work on a K-2 visa?
You may study and work in the United States on a K-2 visa. In order to work you’ll be required to file the appropriate documents to receive Employment Authorization Documents (EADs).
Q. What are the specific documentation requirements for K-2 visa applicants from different countries?
The K-2 applicant will need to provide a valid passport (not always required with children under the age of 16), Form DS-160, birth certificate, Form I-134, and medical exam documentation. Additional things may be required for your particular case. It’s best to consult an immigration attorney to confirm.
Q. How can K-2 visa holders transition from temporary to permanent residency after the marriage of the K-1 visa holder?
Once the K-1 visa holder’s parent gets married to the U.S. citizen, the K-2 visa holder should apply for an adjustment of status. The green card path is the most suitable path to permanent residency.
Q. What are the common reasons for K-2 visa application denials?
If you can establish a genuine relationship to get the K-1 visa application approved, chances are the K-2 application will be approved as well if you can demonstrate the parental relationship between the K-2 applicant. Common reasons for a K-1 denial include not having sufficient proof that the fiancées have met in person, not having a bonafide marriage due to one partner being ineligible or the K-1 visa sponsor not meeting the income requirements.
The process of obtaining a K-2 visa and adjusting your status to a green card is long and complicated. Making a simple error on a petition or filing the wrong fee to the wrong place can delay your immigration, costing you both time and money. The best way to avoid these pitfalls is to hire an immigration attorney to help you with your case
For years, the experienced team of family-based immigration lawyers at VisaNation Law Group have helped people like you make the transition to the U.S. through marriage. From filing the petition to dealing with any obstacles that might come up, we will be with you every step of the way.