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CHILDREN OF FIANCEE - K-2 VISA

The K-2 non-immigrant visa allows child(ren) of your Fiancee to enter into the U.S. and adjust status after you and your Fiancee are married. Children who are unmarried and under the age of 21 are eligible for K-2 visas. A separate Form I-129F is not required for K-2 children, but children must be listed on the parent’s Form I-129F. If you and your Fiancee do not marry within 90 days, K-2 children must depart the U.S. together with your Fiancee.Your Fiancee’schild(ren) may apply for a K-2 visa at the same time as your Fiancee(accompanying) or may apply within one year of when your Fiancee’s K-1 visa was issued (following-to-join).

Documents Needed For K-2 Visa:

  • Valid passport
  • Birth Certificate
  • Visa photograph
  • Nonimmigrant Visa Application (Form DS-160)
  • Police certificate (if age 16 and over)
  • Permission to travel from other parent (required in some countries if a child is under the age of 18)
  • Complete medical examination report.

What You Need To Know:

Depending on the embassy and whether the children are accompanying or following-to-join, K-2 children may or may not be required to attend the interview. Some embassies require all K-2 children to attend the interview, regardless of age. In other countries, children under the age of 14 are not required to attend the interview. Children who do not apply for K-2 visas at the same time as their parents, but apply within one year must attend their own interview.

At the time a K-2 child enters the U.S., the child must be under the age of 21 in order to apply for adjustment of status. K-2 children must file their own adjustment of status applications. K-2 children who enter the U.S. before they turn 21 and then later turn 21 before filing for adjustment of status or turn 21 while their adjustment of status application is pending are still eligible to receive their green cards. K-2 children remain eligible to apply for the K-2 visas and adjust status even after their parents have obtained their green cards based on the K-1 adjustment of status application.


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Laurie Wu, Attorney
(602) 559-1197
laurie@lywlaw.com

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