K-2 Visa

Children of U.S. Citizen K-2 Visa: Rights, Benefits, and Eligibility

Children of a U.S. citizen who is petitioning for a K-1 fiancé(e) visa are eligible for a K-2 visa. This visa allows them to accompany or join their parent in the United States during the immigration process. Here is some important information about the K-2 visa for children:

Eligibility:

1. The child must be unmarried and under the age of 21.
2. The child must be the biological or legally adopted child of the U.S. citizen petitioner.
3. The child must be listed on the K-1 visa petition filed by the U.S. citizen parent.

Application Process:

1. The U.S. citizen parent must file a separate Form I-129F petition for each eligible child, along with the required supporting documents.
2. After the U.S. citizen parent’s K-1 visa is approved, the child’s K-2 visa application can be submitted to the U.S. embassy or consulate in their home country.
3. The child will need to attend a visa interview and provide necessary documentation, including a valid passport, birth certificate, medical examination, and police clearance, among others.

Rights and Benefits:

1. With a K-2 visa, the child can travel to the United States and live there with their U.S. citizen parent.
2. The child can attend school, obtain a driver’s license (if eligible), and enjoy other privileges available to children in the United States.
3. The child can apply for a Social Security Number (SSN) and have access to healthcare and other social services.

Duration of Stay:

The child’s K-2 visa is generally valid for the same duration as the parent’s K-1 visa. Once in the United States, the child can apply for adjustment of status to obtain lawful permanent resident status (green card).

It is important to consult with an experienced immigration attorney who can guide you through the process of obtaining a K-2 visa for your child. They can help ensure that all necessary documents are prepared and submitted accurately, increasing the chances of a successful visa application for your child.

Please note that immigration laws and processes may change over time, so it is recommended to consult the U.S. Citizenship and Immigration Services (USCIS) or an immigration attorney for the most up-to-date information.

Limitations of K-2 Visa

The K-2 visa, which allows children of a U.S. citizen K-1 visa holder to accompany or join their parent in the United States, has certain limitations. It’s important to be aware of these limitations when considering the K-2 visa for your child. Here are some key limitations:

• Age Limit: To be eligible for a K-2 visa, the child must be under the age of 21 at the time of filing the visa application. Once the child turns 21, they are no longer eligible for a K-2 visa, and alternative immigration options would need to be explored.
• Dependency on the K-1 Visa Holder: The child’s eligibility for a K-2 visa is dependent on the K-1 visa holder (the parent). If the K-1 visa holder’s visa application is denied or revoked, it will also affect the child’s K-2 visa status.
• Duration of Stay: The K-2 visa is typically valid for the same duration as the K-1 visa held by the parent. Once in the United States, the child can apply for adjustment of status to obtain lawful permanent resident status (green card). However, if the K-1 visa holder does not marry the U.S. citizen petitioner within the required timeframe, the child’s K-2 visa status may be impacted.
• Limited Immigration Benefits: While the K-2 visa allows the child to enter and stay in the United States, it does not confer automatic eligibility for certain immigration benefits. For example, the child may not be eligible to sponsor other family members for immigration or naturalization purposes unless they obtain lawful permanent resident status (green card) in the future.
• Dependency on the U.S. Citizen Petitioner: The child’s eligibility for a K-2 visa is directly tied to the U.S. citizen petitioner’s relationship with the K-1 visa holder. If the marriage between the U.S. citizen petitioner and the K-1 visa holder ends in divorce or annulment before the child’s adjustment of status is completed, it may impact the child’s immigration status.

It’s important to consult with an experienced immigration attorney to understand the specific limitations and requirements of the K-2 visa in your particular situation. They can provide personalized guidance and help you navigate the immigration process for your child effectively.

K-2 Visa Requirements

The K-2 visa is a nonimmigrant visa category that allows the children of a K-1 visa holder (fiancé(e) of a U.S. citizen) to accompany or join their parent in the United States. Here are the key requirements for the K-2 visa:

1. Qualifying Relationship: The child must be the unmarried child under the age of 21 of the K-1 visa holder. The child must be the biological child, stepchild, or adopted child of the K-1 visa holder.
2. Parent’s K-1 Visa: The parent (K-1 visa holder) must be legally engaged to marry a U.S. citizen petitioner and have a pending K-1 visa application or have already received the K-1 visa.
3. K-2 Visa Application: The child must apply for a K-2 visa at the U.S. embassy or consulate in the country where they reside. The child’s application should include the required forms, supporting documentation, and appropriate fees.
4. Medical Examination: Like the K-1 visa holder, the child may need to undergo a medical examination by an authorized physician to ensure they meet the health requirements for entry into the United States.
5. Interview: The child is typically required to attend an interview at the U.S. embassy or consulate. During the interview, the consular officer will review the application, ask questions, and verify the eligibility of the child for the K-2 visa.
6. Intent to Depart the U.S.: The child must demonstrate that they have the intention to depart the United States upon the expiration of the K-2 visa. This can be shown through various factors such as ties to their home country, family, education, and future plans.

It’s important to note that the K-2 visa application process should be initiated and filed by the U.S. citizen petitioner on behalf of the child. The U.S. citizen petitioner must also meet the requirements for the K-1 visa. The K-2 visa is usually valid for the same duration as the K-1 visa held by the parent.

It’s advisable to consult with an immigration attorney or seek guidance from the U.S. embassy or consulate in your country to ensure you meet all the specific requirements and documentation needed for the K-2 visa application process.

K-2 Visa Interview

The K-2 visa interview is a crucial step in the process of obtaining a K-2 visa for a child of a K-1 visa holder. Here are some important points to know about the K-2 visa interview:

• Attendance: The child who is applying for the K-2 visa must attend the visa interview at the U.S. embassy or consulate along with their parent (the K-1 visa holder). Both the parent and the child will need to bring the necessary documents and evidence to support the visa application.
• Documentation: It is important to bring all the required documents to the interview. This includes the completed visa application forms, valid passport, photographs, birth certificate of the child, medical examination reports, police certificates (if applicable), and any other supporting documents as specified by the embassy or consulate.
• Interview Process: During the interview, a consular officer will review the visa application and ask questions to assess the eligibility of the child for the K-2 visa. The officer may ask about the relationship between the child and the parent, the intention to immigrate to the United States, and other relevant information. It is important to answer the questions honestly and provide accurate information.
• Supporting Relationship Documentation: It may be beneficial to bring additional evidence of the relationship between the child and the K-1 visa holder, such as photographs together, communication records, or any other documentation that helps establish the bona fide relationship.
• Language Interpreter: If the child or the parent is not fluent in English, it is advisable to bring an interpreter who can accurately translate during the interview. However, it’s important to note that the interpreter should be a neutral third party and not a family member or close associate.
• Preparation: Prior to the interview, it is helpful to review the K-2 visa requirements and familiarize yourself with the information provided in the visa application. This will help ensure that you are well-prepared to answer any questions posed during the interview.

It is recommended to check the specific guidelines and instructions provided by the U.S. embassy or consulate where the interview will take place, as requirements and procedures may vary slightly. Additionally, seeking the advice of an immigration attorney or consulting with an immigration specialist can provide valuable guidance and support throughout the K-2 visa application and interview process.

K-2 Processing Time

The processing time for a K-2 visa can vary depending on various factors, including the workload of the U.S. embassy or consulate where the visa application is being processed and the individual circumstances of the case. Typically, the processing time for a K-2 visa is similar to that of the corresponding K-1 visa for the parent.

On average, it can take several months for the K-2 visa application to be processed. This includes the time required for submitting the initial application, scheduling and attending the visa interview, and waiting for the visa to be issued. It is important to note that the processing time can fluctuate and may be subject to change.

To get a more accurate estimate of the processing time for the K-2 visa, it is recommended to check the website of the U.S. embassy or consulate where the application will be processed. They often provide information regarding current visa processing times and any potential delays or updates.

Additionally, it is advisable to submit the K-2 visa application as early as possible to allow for sufficient processing time, considering any planned travel or other important factors.

K-2 Visa to Green Card

The K-2 visa is a nonimmigrant visa category that allows the unmarried children (under 21 years old) of a K-1 visa holder (fiancé(e) of a U.S. citizen) to accompany their parent to the United States. While the K-2 visa does not directly provide a pathway to a green card (permanent residency), there are options available to transition from a K-2 visa to a green card.

Once the K-1 visa holder (the parent) marries their U.S. citizen fiancé(e) and adjusts their status to become a lawful permanent resident, the K-2 visa holder (child) may also be eligible for adjustment of status. The child can file an application for adjustment of status to become a lawful permanent resident concurrently with their parent’s application.

To be eligible for adjustment of status, the K-2 visa holder must meet certain requirements, including maintaining a valid K-2 status, being physically present in the United States, and being admissible for permanent residency. The child may need to undergo a medical examination and biometrics appointment as part of the adjustment of status process.

It’s important to note that each case is unique, and it is recommended to consult with an immigration attorney or a qualified immigration professional to understand the specific requirements and procedures for transitioning from a K-2 visa to a green card. They can provide personalized guidance and assist with the application process to maximize the chances of a successful outcome.

K-2 Visa FAQs

Q: What is a K-2 visa?

A: A K-2 visa is a nonimmigrant visa category that allows the unmarried children (under 21 years old) of a K-1 visa holder (fiancé(e) of a U.S. citizen) to accompany their parent to the United States.

Q: Can the child of a K-1 visa holder apply for a K-2 visa?

A: Yes, the child of a K-1 visa holder can apply for a K-2 visa. The child must be listed as a derivative on the parent’s K-1 visa application and meet the eligibility requirements.

Q: What are the eligibility requirements for a K-2 visa?

A: To be eligible for a K-2 visa, the child must be unmarried, under 21 years old, and listed on the K-1 visa application filed by the parent. The child must also be able to demonstrate a bona fide parent-child relationship with the K-1 visa petitioner.

Q: Can the child of a K-1 visa holder work or attend school in the United States?

A: Once in the United States on a K-2 visa, the child can attend school. However, employment is not automatically authorized for K-2 visa holders. The child may need to apply for a work permit (Employment Authorization Document) if they wish to work in the United States.

Q: Can a K-2 visa holder adjust status to permanent residency (green card)?

A: Yes, a K-2 visa holder may be eligible to adjust their status to permanent residency (green card) if their parent (K-1 visa holder) successfully adjusts their status. The child can file an application for adjustment of status concurrently with their parent’s application.

Q: What happens if the K-1 visa holder and the child get married before entering the United States?

A: If the K-1 visa holder and the child get married before entering the United States, the child will no longer be eligible for a K-2 visa. They would need to explore other immigration options to join their parent in the United States.

Please note that the answers provided are general in nature, and it is recommended to consult with an immigration attorney or a qualified immigration professional for specific guidance and advice based on individual circumstances.

How Mesadieu Law Firm’s Immigration Attorneys Can Help

Navigating the process of obtaining a K-2 visa and adjusting your status to a green card can be complex and time-consuming. Even a small mistake or oversight in your petition or fee submission can cause significant delays and financial setbacks. To ensure a smooth and successful immigration journey, it is highly recommended to seek the assistance of an experienced immigration attorney.

At Mesadieu Law Firm, our team of skilled family-based immigration lawyers has extensive experience in helping individuals like you transition to the United States through marriage. From preparing and filing the necessary petitions to addressing any potential obstacles along the way, we will provide comprehensive support throughout the entire process.

To schedule a consultation with one of our attorneys, you can easily complete the contact form provided or call us at 844-3-RIGHT-BY-YOU (844-374-4482). We are committed to understanding your unique circumstances and providing tailored legal solutions to meet your needs.

If you are an immigrant fiancé(e) who wishes to bring your children with you to the United States, the K-2 visa is the appropriate route to pursue. Our team can guide you through the specific requirements and procedures associated with the K-2 visa, ensuring that you have the necessary documentation and meet the eligibility criteria.

Don’t navigate the complexities of the immigration process alone. Let Mesadieu Law Firm be your trusted partner, supporting you every step of the way. Contact us today to begin your immigration journey with confidence.