A K-2 visa permits children of a K-1 fiancé visa holder to enter into the United States until an immigrant visa is available for 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 through his/her parent’s K-1 fiancé(e) petition, allowing them to legally travel to the United States while their parent legally marries their U.S. citizen fiance.
Before beginning the K-2 visa application, be aware that any error or omission on the application can cause your child’s application to be delayed or revoked. This can complicate matters particularly if you need to leave to get married in the United States. If you have any questions or concerns with K2 visa requirements, please consult an immigration attorney at Johnson and Masumi.
A Recap of Who Qualifies for a K2 Visa
The K-1 visa holder’s children must be unmarried and no older than 21 years of age, but are not required to be biologically related to their parents. Moreover, the child must also have a clean criminal history, no history of drug or substance abuse, and have not previously violated any US Immigration laws. In addition to proper evidence that they are able to financially support themselves and their child(ren) during their entire stay in the U.S., the foreign fiancé must provide proof of relationship to their child(ren). K-2 visa holders must also comply with the same K-1 visa rules and regulations as their immigrant parents.
What Documents Will I Need to Provide?
- The Non-Immigrant Visa Application: Applications must be filed online with a color photo using the required size and with a white background.
- Official copy of the birth certificate of applicant: Legal birth certificate; proof of legal adoption if applicable.
- A complete medical exam form and report: This exam will be completed by an approved physician after all the proper applications and documents have been provided. Do not attempt to complete this exam until instructed. Bring vaccination records and other related health records. This is not a complete exam; the U.S. Department of State outlines what the doctor will be looking for during this exam.
- Valid passport: This applies to children who are 16 years or older
- Permission from the child’s other legal parent: It is imperative that the permission allowing the K1 parent to take the child out of the country is legally approved in both the issuing country and in the United States. If you are unsure if your document meets the U.S. K2 visa requirements, please contact an immigration attorney with Johnson and Masumi.
- Bank Draft: For the visa fee(s)
- Affidavit of Support: This includes the supporting documents and related fees; this requirement is per child/application.
What Comes First in the Process?
The K2 visa is filed which will have included the name(s) of the child(ren) for whom petition(s) will be made. Upon submission, you will receive a notice that your application has been received, however at this stage, it has not been reviewed. A second notice will arrive confirming your petition, after which you should then receive a call from the National Visa Center. If you do not receive a phone call, contact them at (603) 334-0700.
The National Visa Center will provide a list of documents you will need to provide specific to your case as well as an invoice for the visa and affidavit of support fees. Once you send all documents and pay all necessary fees the case will be reviewed prior to sending it to the US Consulate for approval.
Once the US Consulate receives your case, you will then be instructed to schedule the medical exam with a USCIS approved physician. It is very important to bring proof of vaccinations to this appointment. Should your child have a communicable disease or otherwise not pass this exam, the K2 visa is not necessarily denied; however, the illness or other medical issues will need to be completely treated prior to approval.
After the application submission and successful medical exam, the K1 and K2 visa applicants will then be interviewed. Upon request, this interview can usually occur at the same time. Depending on the age of the child, the child may also be interviewed. Once the interview is successfully completed, the visas should arrive together, but it is not uncommon for them to arrive separately. If they do not arrive together, pay attention to the date of arrival of the first visa as you do not want it to expire far in advance of the other. This sort of oversight could require restarting the entire process.
Speak to an Immigration Attorney About K2 Visa Requirements
From the application, fees and documents to the medical exam and interview, securing a K-2 visa can seem very complicated and perhaps overwhelming. Additionally, because of expiration dates and estimated arrival times (both for the visas themselves and traveling the United States) timing can be a critical component. For comprehensive assistance with the matters and help securing your K-1 and K-2 visa on time, contact an immigration attorney today. The professional immigration attorneys at Johnson and Masumi are ready to assess your case and guide you confidently throughout the entire process.