The K-2 visa is a non-immigrant visa that allows the minor children (under 21 years old) of a K-1 fiancé(e) visa holder to enter the United States along with their parent, the K-1 visa applicant. This visa allows the children to accompany the foreign fiancé(e) during their journey to the U.S. while the family waits to adjust to permanent resident status after marriage. The process begins with the filing of Form I-129F, Petition for Alien Fiancé(e), by the U.S. citizen sponsor. When filing this petition, the U.S. citizen must list the minor children of the K-1 applicant on the petition to ensure they are included in the K-2 visa application. The K-2 visa is granted to the children once the Form I-129F is approved and the K-1 visa application is ready for consular processing.
After the I-129F petition is approved, the petition is sent to the National Visa Center (NVC), and then to the U.S. embassy or consulate in the home country of the K-1 applicant and their children. The minor children must undergo the same visa application process as the K-1 applicant, including submitting a valid passport, medical examination results, police clearance certificates, and evidence of their relationship to the K-1 applicant. Additionally, the foreign parent (K-1 applicant) will need to submit documentation proving the children’s eligibility and inclusion in the application. A consular interview will take place, where a consular officer will review the application, verify the relationship, and assess whether the children qualify for the K-2 visa.
Once the K-2 visa is approved, the minor children can travel to the U.S. with their parent on the K-1 visa. After the parent marries the U.S. citizen sponsor within 90 days of arrival in the U.S., the K-2 children can adjust their status to become lawful permanent residents by filing Form I-485, Application to Register Permanent Residence or Adjust Status, alongside their parent. After approval, the children will receive their Green Cards, granting them lawful permanent residency. It is important to ensure all documentation is properly submitted and that the visa application process is followed closely to avoid delays. Consulting an immigration attorney can help ensure the proper completion of the application and a smooth process for the K-2 visa applicants.
