Can you bring your Children to the United States with a K-2 Visa? -
K-2 Visa

Can you bring your Children to the United States with a K-2 Visa?

You have meet the love and your life and decide to ask him or her to marry you. As you go through the K-1 Fiancé Visa process for them you must also consider what steps are needed in order to also bring their children to the United States - under the K-2 Visa Process.

As a general rule, their unmarried children of your fiancé under the age of twenty-one (21) are eligible to apply with them using a K-2 petition.

This "seems" simple enough but let's get past the general rule and take a closer look at exactly who is eligible under the K-2 petition eligibility requirements.

Which Children are Eligible under the K-2 Visa?

The children under twenty-one (21) eligible under the K-2 Visa are:

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    Biological Children of you and your fiancé or children that are "natural born" children of you and your fiancé.
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    Adopted Children
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    Children born out of wedlock of your fiancé

Children that are natural born must be legally recognized (or acknowledge) as belonging to your fiancé in their home country.

Needles to say you cannot petition for children belong to friends or other family members. 

You have meet the love and your life and decide to ask him or her to marry you. As you go through the K-1 Fiancé Visa process for them you must also consider what steps are needed in order to also bring their children to the United States - under the K-2 Visa Process.

As a general rule, their unmarried children of your fiancé under the age of twenty-one (21) are eligible to apply with them using a K-2 petition.

This "seems" simple enough but let's get past the general rule and take a closer look at exactly who is eligible under the K-2 petition eligibility requirements.

What is the K-2 Visa petition process?

Generally the K-2 visa process is similar to the K-1 visa process. Under the K-1 visa application (form I-129F) eligible children under the age of twenty-one (21) are listed.

The Fiancé can complete the forms and sign for very young children. You will need to provide evidence that the children are eligible using supporting documentation and you must also be able to show how the children will be financially taken care of once they enter the United States.

What are the Requirements for K-2 Visa?

The requirements for a K-2 Visa are:

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    The child must be unmarried;
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    The child must want to move to the US;
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    The child must be younger than 21;
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    The child must pass a medical exam

How long is a K-2 Visa valid?

Like the K-1 Visa, the K-2 Visa is valid for 90 days.

If a K-1 Visa holder does not married the United States Citizen within 90 days of receiving a K-1 Visa they must leave the United States along with their K-2 Visa children.

What are the supporting documents needed for a K-2 Visa?*

The following items are some of the supporting documents that are needed to support a K-2 Visa:

  • Nonimmigrant Visa Application (Form DS-156);
  • Permission from the other parent (if needed);
  • Official birth certificate;
  • Valid passport if over 16 years of age

What are potential issues with K-2 Visa petition?

The children applying under the K-2 Visa petition will have to prove that they are not inadmissible based on United States Immigration laws. If there have been any previous immigration violations they may not be able to enter the United States.

He or she will or only allowed to stay in the United States for 90 days - unless the marriage is completed and there is an application for and Adjustment of Status afterwards.

Special care should be taken if the children are approaching the age above 21 during this process.

Children may or may not need to undergo a medical exam with a K-2 Visa. The older the child the greater the chance is that the medical examination requirement will not be waived. 

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