Children of US Citizen K-2 Visa

Child/Children of a fiance may receive a derivative K-2 visa from his/her parents fiance petition. The American citizen petitioner, must make sure that he/she names the child in the I-129F petition. After the marriage of the childs parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiance or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiance within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Under immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

K-4 Visa:

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.