What is a K2 visa?
For children of K1 fiancé visa holders who are not married and under 21 years old, the K2 visa is a non-immigrant visa. With a K2 visa, your dependent children are permitted to enter and stay in the United States until an immigrant visa is made available to them. While in the United States, they can go to school and work after obtaining a work permit.
They can get a K2 visa from their parents’ K1 fiancé visa petition. Put differently, the K-1 applicant and her children may file a joint petition. The US citizen filing the petition will include the names of their fiancé’s children in the I-129F petition.
Within 90 days of entering the United States, the K1 foreign fiancé and the U.S. citizen must marry.
Once married, K2 dependents can apply for permanent residency by filing an application to change their status and obtain a green card.
Children may join their K1 parent or accompany their K-1 parent within 12 months of the visa issue date. If they do not enter the United States within the 12-month period, they will need to submit a separate visa application.
Another eligibility requirement is that the child be unmarried. Furthermore, the marriage between the fiancé and the US citizen must take place before the child’s 21st birthday.
It is worth noting that the K1 visa is strictly for engaged couples and is not available to already-married couples. Therefore, you cannot file the K2 for your children if you are already married.
But if you are a US citizen already married to a foreign spouse, you can still bring your spouse and children to the US through another visa. In that case, you will need to submit a K4 visa application to apply for children to be admitted to the United States. To be eligible, the form must be submitted with your K3 spouse visa application.
What are the eligibility requirements for the K2 visa?
Eligibility requirements for a K2 visa include:
- The holder must be under 21 years old and not married.
- The holder’s parent must be a K-1(e) fiancé visa holder.
- The American citizen who sponsors the child can support him financially.
- The child is not a drug addict.
- The child has no criminal record.
- The child must have a clear criminal record.
- The child must not have a history of violating U.S. immigration laws.
- The child must undergo an immigration medical check.
Please note that K2 visas are also available to stepchildren and adopted children of K1 visa applicants.
To increase your chances of receiving a favorable decision, it is important to complete your application thoroughly and to a high standard.
Speak with an immigration attorney about your particular situation if you have any queries about your K2 visa application.
What documents do you need?
Documents must be submitted in the way and format dictated by US Citizenship and Immigration Services (USCIS). Your application may be delayed or denied if you don’t follow the instructions.
You must bring the following paperwork with you to the visa interview:
- Each applicant’s completed Form DS-160 (Online Nonimmigrant Visa Application).
- A valid passport
- Copy of your valid birth certificate issued by the registry office
Two recent passport-sized photos with a white background. (According to USCIS standard) - Evidence of parents’ ability to financially support themselves and dependents.
- Police certificates from the applicant’s current country of residence
Completed Form I-134 - Affidavit of support and supporting documents.
- Complete declaration of the medical examination by one of the Embassy’s accredited doctors.
- Evidence of the relationship between the boyfriend and the parent
- Cashier’s check for visa fees
Other documents are required which may vary from case to case. You should be prepared to submit additional information if requested by the consular office. If the official documents are not in English you will be asked to send certified translations.
How to apply for the K2 visa?
The process for applying for a K2 visa is almost the same as applying for a K1 visa.
As with all visas, applying for a K2 visa requires several steps. The first step is for the sponsor to submit a Form I-129f to the United States Citizenship and Immigration Services (USCIS). The sponsor or applicant, in this case, is the U.S. citizen who wishes to bring his or her foreign fiancé(es) along with the fiancé(es’) children to the United States.
USCIS will review the petition and approve or deny it. They may also request additional information that may help them make an informed decision about your case. USCIS will give you a notification with the list of necessary materials and the date for submitting them if you need to submit any additional information or documents.
If the petition is approved, USCIS will forward the case to the National Visa Center (NVC). And from the NVC, the case will be sent to a US embassy or consulate where the foreign fiancé and their children reside.
Both the petitioner (US citizen) and the beneficiaries (foreign fiancé and their children) will receive notifications of any progress on their petition.
Once the case arrives at the embassy or consulate, the foreign fiancé and her children will be told to submit the necessary documents and payments for the visa application.
When the U.S. Consulate receives your request, you will be asked to schedule a medical exam with a licensed physician. In addition to the medical exam, you may also need to provide proof of vaccination history.
The next step in the application process is the visa interview. Interviews for K1 and K2 visas can be conducted at the same time. The child can also be interviewed based on her age.
Registration fees:
The general fee structure for the K2 visa can be divided into three segments: Form I-129F filing fee, embassy fee, and biometric fee. Below is a list of the current rates for each of these three categories:
- I-129F filing fee: $535
- Embassy fee: $265
- Biometric Fee: $85 (if required).
- The first charge is part of the I-129F filing fee. Form I-129F is used to request USCIS to bring your fiancé(es) (K-1) and dependent child (K2) to the United States.
Please note that embassy fees may vary from country to country. Citizens of some countries are exempt from paying this tax. Therefore, do not hesitate to contact the US Embassy in your country to find out the exact amount of taxes to pay.
Waiting time:
The waiting time for applying for the K2 visa is relatively short compared to other US visas. Most applicants will receive a decision within 4-6 months.
You can track the status of your visa application on the USCIS website after you submit Form I-129F.
Once the NVC receives your application from the embassy or consulate, the time needed to wait for a decision on your application will vary depending on your situation.
It is especially important that an accurate and complete application is submitted with all necessary documentation to ensure that your case is not delayed.
If you have any questions about your application, please do not hesitate to contact an IAS lawyer to discuss how we can help you.
How long does the visa last?
A K2 visa holder is allowed to remain in the United States as a nonimmigrant for up to 90 days.
It is mandatory for the US citizen and fiancé to marry within this 90 day time frame. If the marriage does not occur, the K2 visa holder may have to leave the United States within 30 days.
In other words, the total duration of a K2 visa is 120 days (90 + 30 days grace period).
Can you extend the K2 visa?
No, it is not possible to extend the K2 visa. As a nonimmigrant visa, it is essentially a temporary visa issued under the condition of marriage between the visa holder’s parent and a U.S. citizen. Therefore it is not renewable.
If the parents’ marriage does not occur within 90 days of the applicant’s admission to the United States, they must leave the United States.
But, in order to apply to become a Lawful Permanent Resident (LPR) of the United States, you might wish to change to a different visa category.
This LPR immigration status gives you more freedoms and rights, and is a gateway to U.S. citizenship and naturalization.
We will provide you with considerable assistance and advice to ensure you receive the highest level of service with your immigration case.
Our friendly customer support team is available to provide further assistance if needed during the process.
FAQs:
Can K2 visa holders work in the United States?
K2 visa holders are granted permission to undertake legal work in the United States. They must first obtain an Employment Authorization Document (E.A.D.), also known as a work permit. To do this, they must submit Form I-765 to USCIS.
Do I need to be interviewed at the US consulate to get a K2 visa?
An interview at the U.S. consulate is usually required. Some consulates/embassies do not require your presence if you are under 14 years old. Some consulates require your presence.
What happens if my parent (K-1 visa holder) does not marry his fiancé?
The K2 visa holder is required to depart the country within 30 days following the 90-day term if the parent holding the K-1 visa does not get married within that time frame.
What are the benefits of a K2 visa?
The K2 visa has several advantages over many other nonimmigrant visas. One of them is the relatively simpler application path. This is because it can be filed jointly with a K1 visa, meaning that if the K1 visa is approved, their dependent children also have a high chance of getting approved, as long as they qualify. Additionally, it offers a quick path to a green card through changing status. This also means that you can become a US citizen within a few years of entering the United States.