The K-2 visa is very similar to the K-1 visa, or the fiancé visa, which allows a foreign fiancé to enter the United States and legally marry a U.S. citizen within 90 days of their arrival. The K-2 visa is the same, however, it allows for the foreign visa holder to bring their children to the U.S. as well. Immigrants who are looking to apply for a K-1 visa and have children should consider that the K-2 visa application is just as easy of a process.
Since the requirements of the foreign fiancé are mostly the same, it only depends on the eligibility of the children if the foreign fiancé may already qualify for a K-1 visa.
K-2 Visa Eligibility
Foreign fiancés can bring children to the United States under the K-2 visa program if the children are under 21 and not legally married. The children who may qualify to come to the United States with you do not have to be your biological children. So long as your country recognizes the children as yours, the children may be biological, adopted, or legally born to you. If the other parent is still living in your home country, however, you are responsible for complying with your home country’s laws.
The steps to completing the K-2 visa application can sometimes become complicated. Your application may also be delayed or revoked if any form of error occurs on the visa application form. Thus, the application should be filed and reviewed with the help of an experienced immigration attorney. Listed below is a short summary of the K-2 visa application process, in order:
Since the K-1 and K-2 visa requirements are quite similar, the applications are as well. A sponsor (e.g. the U.S. Citizen) must include the names of the foreign fiancé’s children on the K-1 visa application. In addition, the children themselves will receive forms that they must fill out. For children who are younger, you may fill out the information for them and sign your name. You must include “Parent of (child’s name)” after your signature. Likewise, both the parent and children who are traveling to the United States must provide proof of financial qualifications. If you did not receive any of these forms, contact your United States Citizenship and Immigration Services (USCIS) consulate right away.
Proof of Relationship to Child
There must be proof of a relationship provided when a child is coming to the U.S. with their K-1 visa parent. The K-1 parent can provide this by providing a birth certificate or a certificate of adoption. The same K-1 application paperwork is needed for the K-2 visa, and additional fees will apply for each child. If the other parent of the children is not leaving their home country, it is required that the foreign fiancé complies with their country’s custody laws.
A written form of consent for the children to leave the country may be required from the other parent in the case that the children are in custody of the K-1 parent.
For the children to legally come to the U.S. under the K-2 visa, the children must be under the age of 21 and remain unmarried during the application process, up to the day that they will enter the United States. If one of the children is having a 21st birthday before the date of the marriage, the USCIS authorities can accelerate the application process.
Green Card Application Process
After becoming legally married in the United States to your spouse who is a U.S. citizen, you as well as your children will become eligible to apply for a green card. Each individual family member needs to complete their own application form to change their status of residence with the U.S. by mailing it to the USCIS.
Contact The Northern Virginia Immigration Attorneys Today
The K-2 visa program is a great resource to keep families together in the United States. However, errors on the application may cause the application to be delayed or denied by the USCIS. Call or contact Johnson & Masumi as soon as possible if you are pursuing a K-1 or K-2 visa.