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US K-2 Visa (Dependent of K1 visa)

Price:
$100.00
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Description

What is a K-2 visa?

With a K-2 visa, the engaged partner of a U.S. citizen can bring their child (or children) to the United States as a part of the K-1 fiancé(e) visa process. K-2 visas are therefore always linked to a K-1 visa. The child (or children) must be unmarried and under 21 when they enter the United States.

Though the engaged partner will need to apply for a number of K visas for themselves and their child or children, the U.S. citizen sponsor will only need to submit one Form I-129F (officially called “Petition for Alien Fiancé(e)”).

The processing time for this form currently averages 7 months.

Note this does not include the time from when the government approves the I-129F to your interview date, which differs based on the country you’re applying from.

For more info, Boundless has a guide on timelines for each phase of the K-1 process,

Certain fees apply to all K-visa applicants, but there is only one fee for the initial I-129F petition.

Eligibility

To obtain a K-2 visa, each child must be under the age of 21 and unmarried when they enter the United States, and both fiancé(e)s must meet the eligibility criteria for the K-1 visa, which are as follows:

The sponsoring fiancé(e) must be a U.S. citizen

Both parties must have the intention to marry within 90 days of the non-U.S. citizen’s arrival in the United States

Both fiancé(e)s must be legally permitted to marry, meaning all previous marriages have been terminated

Both fiancé(e)s must have met in person at least once within 2 years of filing the initial petition

If these criteria are all satisfied, the non-U.S. citizen beneficiary may apply for the K-2 visa as part of the fiancé(e) visa application process.

Required Documents

To successfully obtain a K-2 visa, each K-visa applicant must provide the following documents at the interview (unless noted otherwise):

Confirmation page for completed Form DS-160 (officially called “Online Nonimmigrant Visa Application”)

Medical exam

Two 2×2 photos

Police certificates from current country and previous countries where applicants have resided for more than 6 months since their 16th birthday (this applies to all applicants over 16)

Passport valid for at least 6 months beyond the period of stay

Birth certificate

Divorce or death certificates for previous spouses (this applies only to the fiancé(e)

Evidence that the K-visa beneficiaries will be financially supported

Proof of authentic relationship between fiancé(e)s

Money for fees

Be sure to follow the U.S. Department of State’s photo requirements. If you’re having trouble tracking down documents, read our article on document hunting.

How to Apply

The processing for obtaining a K-2 visa can be broken down into 4 basic steps:

1. Filing the Initial Petition (Form I-129F)

First, the U.S. citizen fiancé(e) must file Form I-129F. They need only submit one form for their fiancé(e) and the K-2 children. The U.S. citizen sponsor should be sure to follow the USCIS instructions exactly. Specifically, they will need to include the names of all the K-2 children.

Once the I-129F has been submitted, USCIS will review the attached documents to determine whether the sponsor and the K-visa applicants are eligible. USCIS may send a Request for Evidence (RFE) if they require further documentation. They might do this if, for instance, there’s insufficient proof pertaining to the validity of the relationship in question.

2. Submitting the Visa Application and Attending the Interview

Once the initial petition has been approved, USCIS will send it to the embassy or consulate nearest to the applicant. The embassy will then send information regarding the upcoming interview to the U.S. citizen sponsor. Prior to the interview, the beneficiary will need to get medical exams for all K-visa applicants (including the K-2 children named on Form I-129F). Each K-visa applicant will also need to complete Form DS-160.

All K-visa applicants (including the K-2 children) must attend the interview, bringing with them all the required documents (see above). For more on Form DS-160, read our guide on the subject.

3. Admission into the United States

If the K-1 and K-2 visa applications are approved, the consular officer will return the passports with visas attached to the beneficiaries. The officer will also give a sealed packet containing all the documents provided during the application process. It’s important that the packet remains sealed. The Customs and Border Protection (CBP) agent will unseal the envelope at the border. Note: The visa does not guarantee entry. It is at the discretion of the CBP officer to grant or deny admission into the United States.

Each K-visa recipient must enter the United States within the period of validity listed on their visa. The K-2 children must enter the United States either at the same time or after the fiancé(e)’s date of admission.

Note: If the K-2 children plan on traveling to the U.S. within a year of the K-1 beneficiary’s admission, they do not need to submit a separate petition, as mentioned above. But if they intend on traveling to the United States outside the 1-year window, they will not be deemed eligible for K-2 visas at the outset and will need their own immigrant visa petition.

4. Get Married and Adjust Status

The fiancé(e)s must get married within 90 days of the non-U.S. citizen’s arrival in the United States. Failing this, the K-1 and K-2 visa recipients will need to leave the United States within the 90-day period.

Once the marriage is finalized, the K-visa beneficiaries (including the K-2 children) will be eligible to apply for Lawful Permanent Residence (LPR) with Form I-485 (officially called “Application for Adjustment of Status”). The children must be unmarried when applying for adjustment of status. They will also need to apply either at the same time or after the non-U.S. citizen fiancé(e) submits their application.

 

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