USA and the UK
What is a K-2 Visa?
A K-2 Visa allows the unmarried children (under 21 years of age) of K-1 Fiancé Visa holders to come to the US.
It is a non-immigrant and derivative visa which means that it does not grant the holder with an immigration status and is based on the parent’s visa.
Following the marriage of the parent to their fiancé(e), the K-2 Visa holder must apply for a required adjustment of status which is most commonly for permanent residence (also known as the green card).
It is possible for the child to accompany their parent or alternatively, join them within 12 months from the date of the visa being issued.
Another requirement of this visa is that the child is unmarried. In addition, the marriage between the fiancé(e) and the US citizen must take place before the child reaches the age of 21 years.
It is possible for K-2 Visa holders to apply to work and study in the US. However, it is not possible for holders to change to another non-immigrant status.
If the applicant has a prior immigration violation, it may not be possible to apply for this visa.
If the parent and their partner are already married, they must instead file an application form for a K-4 Visa to seek the child’s admission to the U.S. To be eligible, the request must be submitted along with the K-3 Visa application.
What are the requirements for the K-2 Visa?
If you are applying for the K-2 Visa, there are a number of eligibility requirements that you must demonstrate you meet.
The primary requirements include:
- The holder must be an unmarried child aged under 21 years
- The holder’s parent must be a K-1 Fiancé(e) Visa holder
- The parents must plan to marry according to the timeline of their visa conditions
- The child must have a clear criminal history
- The child must not have a record of having violated US immigration laws
- The child will have to undergo an immigration medical check
To give you the best chance for a successful decision, it is important to complete the application thoroughly and to a high standard.
If you have questions about your K-2 Visa application, contact an immigration lawyer for advice on your specific case.
How to apply for a K-2 Visa
Like all visas, there are a number of stages involved in applying for the K-2 Visa. The first step in the process is filing a petition with the United States Citizenship and Immigration Services (USCIS).
You will receive notice that your application is under review and you will receive confirmation from the National Visa Center (NVC).
The NVC will provide an overview of the documents you need to submit with your application. You should prepare the relevant documents and submit them with the appropriate fee.
When the US consulate receives your application, you will be asked to schedule a medical check with an approved physician. It is important to provide evidence of vaccination history at this appointment where relevant.
The next stage of the application process is the visa interview. It may be possible for the K-1 and K-2 visa interviews to take place at the same time. The child may be interviewed also, depending on their age.
What documents do you need?
Although you may meet all the eligibility requirements of the visa, you must demonstrate evidence of this by submitting the required documents.
It is crucial that you submit the documents in the format and way specified by USCIS or you may risk your application being denied due to a lack of accuracy.
The following documents will be necessary to bring to the visa interview:
- The completed Form DS-160 (the online non-immigrant visa application) for each applicant
- A passport with validity for travel up to at least six months after the intended stay
- Birth certificate
- Any divorce or death certificates of previous spouses of either the parent applicant or their sponsor
- Police certificates from the current country of residence
- Medical examination certificates
- Evidence of the ability of the parent to financially support themselves and their dependents
- Two passport-style photographs (adhering to the USCIS standard)
- Evidence of the relationship between the parent and the fiancé(e)
- Proof of payment of fees
You should be prepared to submit further information where required by the consular office. If any official documents are not in English, you will be required to submit certified translations.
There are a number of fees that must be paid when submitting the K-2 Visa. These include filing fees, embassy fees and (where relevant) biometric fees.
The initial fee is part of the I-129F filing fee. Form I-129F is used to petition USCIS to bring your fiancé(e) (K-1) and their child dependent (K-2) to the US. The cost of this fee is $535.
The next fee is the embassy fee. This usually costs approximately $265, however, embassy fees vary from country to country. You should check in advance how much your local embassy charges.
The other fee associated with the K-2 Visa is the biometrics fee ($85). You will be instructed on how to provide your information while completing your appointment.
The waiting time for a K-2 Visa is relatively short when compared to some other US visas. The majority of applicants will receive a decision within 4-6 months.
You can check the status of your petition on the USCIS website once you submit Form I-129F.
As soon as your application has been received by the NVC from the embassy or consulate, the length of time you have to wait to receive a decision on your application will vary depending on your circumstances.
It is extremely important that you submit a complete and accurate application with all the required documentation to ensure that your case is not delayed.
If you have any concerns about your application, contact IAS for a discussion about how we can assist with your case.
How long does the visa last?
As a non-immigrant visa, the K-2 Visa is issued for 90 days, allowing the applicant to come to the US in this time.
It is a requirement that the fiancé(e) and the US-based parent marry each other within this 90-day timeframe. If the marriage does not take place, the K-2 Visa holder must leave the US within 30 days.
The total length of time that the visa lasts is 120 days. In most cases, the visa holder should file a petition for permanent residence (green card) following the marriage of the parents.
The K-1 Fiancé Visa holder can then apply for permanent residence within the family visa category.
Can you extend the K-2 Visa?
No, it is not possible to extend the K-2 Visa. As a non-immigrant visa, it is essentially a temporary visa issued on the condition of a marriage between the visa holder’s parents and cannot be renewed.
However, it is possible to switch to another visa category to apply to become a lawful permanent resident (LPR) of the United States.
This LPR immigration status gives you more freedom and rights and is a route towards US citizenship and naturalization.
We will provide you with ongoing support and advice to ensure that you receive the highest level of service with your immigration case.
Our friendly client care team are on hand to provide additional care support should you need anything throughout the process.
How IAS can help
The IAS has helped many clients with K-2 Visas and we look forward to assisting with your case. We understand how important it is to be able to join your loved ones settling in the US.
Some of the support we can provide includes:
- Checking to see if your children are eligible
- Helping you fill in a comprehensive portfolio to support your application
- Checking if you need a translation of any document that is not written in English
- Help through the K-2 Visa process
- Completion of your application form to the highest standard
Call us on +1 844 290 6312 for a confidential discussion about how we can assist you.
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There are a number of advantages to applying for the K-2 Visa. If your children are eligible, their visa will be approved at the same time as your K-1 Fiancé Visa, which makes the process easier.
As well as this, your children can reside in the U.S. with their parents while waiting for their marriage to take place.
Your children will be allowed to study and apply for Employment Authorization I-765 and once you are married to your US-based partner, your children can apply for permanent residence in the U.S.
Any K-2 visa that you have requested for your eligible children will be released at the same time as your K-1 Visa.
However, it may take between 4 to 6 months to process Form I-129 and then grant your visa.