While the K-2 visa is very similar to the K-1 visa, it has more of a focus on the children of the foreign fiancé. The K-2 visa allows the foreign fiancé to apply for the K-1 visa to bring along their children to the U.S. when marrying a U.S. citizen. Foreign fiancés who are applying for a K-1 visa should greatly consider a K-2 visa for their children, as it is an easy process.
Most of the requirements for a K-2 visa fall upon the foreign fiancé and their eligibility for a K-1 visa. The eligibility for the children directly depends on the K-1 visa process of the foreign parent.
Eligibility for K-2 Visas
The foreign fiancé of a U.S. citizen has the ability to bring their children along with them to the U.S. with a K-2 visa. The children must be under 21 years of age and not legally married. Children who come along with the foreign fiancé do not have to be biological, they can be adopted. As long as the native country of the foreign fiancé acknowledges the children as theirs, they are eligible. Say the other parent of the children is still living in that home country though, the foreign fiancé is still expected to comply with any laws necessary.
The Application Process
Seeing as the K-1 and K-2 visa processes are so similar, the necessary application process is as well. If the foreign fiancé desires to bring their children with them, the names must be provided on the K-1 visa application by the petitioning U.S. citizen. The children will receive paperwork to fill out as well, and those that are too young can have the foreign parent fill it out for them. When signing, the parent must sign as “Parent of (child’s name)”.
Both the foreign parent and any children accompanying must show proof of financial qualification in order to enter the United States. If you have not received this form, contact the United States Citizenship and Immigration Services (USCIS) immediately.
Proof Of Relationship
Similar to the K-1 visa application process, there must be proof of relationship between the parent and child. The K-1 parent is able to provide this proof by a birth certificate, or through legal adoption papers. The paperwork for a K-1 visa process is necessary for the K-2 visa process, and a fee is charged for each child. If the other parent of the foreign children isn’t leaving their home country, the K-1 visa applicant must follow all custody laws of their home country. Also, a written statement by the other parent about the child leaving the country must be provided as well.
Age Requirement for Children
Any children that will be accompanying a foreign fiancé through a K-1 visa must be under the age of 21. The children applying for a K-2 visa also must remain unmarried while going through the visa process. If one of the children were to have their 21st birthday before the marriage date of the couple, then the USCIS is able to expedite the visa process.
Green Card Eligibility
After the couple pursuing a K-1 visa has been married, and the children have successfully gone through the K-2 process, both the foreign fiancé and the children can apply for a green card. Every member of the family needs to submit their individual application for the green card, and it will be reviewed by USCIS.
Contact The Law Offices of Kermit A. Monge, PLLC
If you’re a foreign fiancé going through the K-1 visa process and would like your children to accompany you to the United States, then the K-2 visa process is the route for you. Having a knowledgeable immigration attorney can greatly reduce any stress during this process. The qualified immigration attorneys at the Law Offices of Kermit A. Monge, PLLC, are here to assist in any way they can. If you’re ready to begin your visa process, call our office today at 703.273.5500 or request a consultation online.