K2 Visa

The K2 visa is a nonimmigrant visa for unmarried children (under 21 years of age) of K1 fiancé visa holders. With a K2 visa, the dependent children have permission to enter and stay in the United States until an immigrant visa is made available to them. While they are in the U.S., they can go to school and work after obtaining a work permit.

They can obtain a K2 visa from their parent’s K1 fiancé visa petition. In other words, it can be a joint petition for both the K-1 applicant and their children. The U.S. citizen filing the petition will include the names of their fiancé(e) ’s children on the I-129F petition.

Within 90 days of entering the United States, the K1 foreign fiancé(e) and the U.S. citizen must get married.

Once they are married, their K2 dependents can apply for permanent residence by filing an application to adjust their status and obtain a green card.

The children can either join the K1 parent or accompany the K-1 parent within 12 months from the date the visa was issued. If they don’t enter the U.S. within the 12-month period, they will have to file a separate visa petition.

Another eligibility requirement is that the child must be unmarried. In addition, the marriage between the fiancé and the U.S. citizen must take place before the child’s 21st birthday.

It’s worth noting that the K1 visa is strictly for fiancé(e)s 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 U.S. citizen who is already married to a foreign spouse, you can still bring your spouse and children to the U.S. through another visa. In that case, you will need to file a K4 visa petition to apply for the children’s admission to the United States. To be eligible, the form must be submitted alongside the K3 spouse visa petition.

 

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