Children of U.S. Citizen | K2 Visa Lawyer
A K2 visa permits children of a K1 fiance visa holder to enter into 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 K1 applicant.
Children of a fiancé have the opportunity to be granted a K-2 visa from his/her parents fiancé 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 and American Citizen are married, the children of the fiancé are required to obtain a separate Application to Register Permanent Residence (Form I-485) or an Adjustment of Status.
The children have the option to either accompany the K-1 parent or join the K-1 parent within one year from the visa’s date of issuance. Another petition is not obligated if the children follow either of the previously stated options. 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 and U.S. citizen is mandated to occur before the child reaches 18 years of age.
Click here to read Fiance Visa vs Spouse Visa.
Benefits of K2 Visa
There are a number of advantageous that the K2 visa creates. On a K2 visa, you may live in the United States with your parent until their marriage occurs. You can apply for work documents, otherwise known as an EAD by completing and submitting Form I-765. You are allowed to study in the country and apply for permanent residence once the K1 visa holder marries the U.S. citizen. It’s best to contact a K2 visa lawyer to learn about other privileges exclusive to a K2 visa holder.
Limitation of K2 Visa
There are a few drawbacks with this visa. You may not change to another nonimmigrant status or enter into the country if you have a previous immigration violation which has temporarily or permanently barred you from the U.S. If your find yourself in this situation, contact a K2 visa lawyer immediately to explore alternative options.
K2 Visa Requirements
The following K2 visa forms are required for a K2 visa application:
- Form DS-160 (completed online) submitted with recent photograph
- Passport (valid)
- Copy of birth certificate
- Completed Form I-134, Affidavit of Support and sponsor documents
- Medical exam
There are other documents required which may vary from case to case. Contact a K2 visa lawyer to learn what those are.
K2 Visa FAQs
Below are a number of K2 visa frequently asked questions. For additional questions, contact one of our K2 visa lawyers for further details.
Q. What is the time limit on a K2 visa?
On a K2 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 (K1 visa holder) doesn’t marry their fiancé?
If the K1 parent visa holder does not get married within the 90 day window, the K2 visa holder must leave the U.S. within 30 days.
Q. Are you allowed to extend your visit on a K2 visa?
On a K2 visa, you may not file for an extension of stay if for whatever reason your K1 visa holder parent does not get married.
Q. Are you permitted to study or work on a K2 visa?
You may study and work in the United States on a K2 visa. In order to work you’ll be required to file the appropriate documents to receive Employment Authorization Documents (EADs).
Children do not need separate Petition for Alien Relative, I-130 petitions, but the petitioner, must take care to name all his/her children on the Petition for Alien Fiance, I-129F petition.
The petitioner must file separate I-130 immigrant visa petitions for his/her children before they qualify for permanent residence. When they adjust status in the United States, they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where the petitioner lives. In immigration law children must be unmarried and under 21 years of age. Still have questions? Contact our K2 visa attorneys to learn about the K2 visa fee, K2 visa application or anything else discussed on this page.