K-2 Visa Process
.
K-2 Visas are issued to the child/children of your fiance(e) sponsored under the K-1 visa process. In this article, the K2 applicant is sometimes referred to as a “child”. But, of course that’s not always the case, as he/she might be older.
To be sure that your soon-to-be family will be complete, you’ll need your fiance(e)’s children to immigrate with her/him. There are a few criteria and restrictions for this type of visa. Be mindful that the children are involved throughout the K2 visa process. From initial petition, to proof of relationships, to the visa filing, interview and even medical exam.
.
.
What is a K-2 Visa?
A K-2 Visa grants the child/children of your fiance immigration rights to the US, provided they are under 21 when you filed for your I-129F petition (to the USCIS).
It’s a way of keeping young children united with parents. Besides, you’d want your fiance’s children to be part of your family.
If the child is older than 21, then he/she is an “immediate relative” of your fiance. Once your fiance(e) immigrates to the US and gets a green card, then you can apply for children as “immediate relatives”. Realize that this isn’t as fast as the fiance(e) visa process.
.
.
Who is eligible for a K-2 Visa?
The main eligibility criteria for a K-2 Visa child is that he/she must be under 21 and unmarried. The child can be biological, adopted, stepchildren, or out of wedlock. But, there are certain things you must understand when you file.
.
- ❒ 1. If you and your fiance are the biological parents of the children, then you two are the “parents”. You can either apply for a CRBA (if eligible) or a K-2 visa. This depends on which one you’re eligible for.
. - ❒ 2. If only your foreign fiance(e) is the parent, then he/she must have their custody. More importantly your fiance must be legally able to take them out of country. They might be required to get the ‘other’ parent’s permission. You may need to consult an attorney. (Read K-2 Visa: How to get Parental consent)
. - ❒ 3. The child must not be turning 21 during the K-1 or K-2 visa process. They must still be minors until a visa is issued. If you’re in a situation where the child will turn 21 soon, you can request to expedite the interview to avoid “aging out”.
.
Note that genetic children of US citizen parents are not eligible for a K-2 visa. Instead, they get a Consular Report of Birth Abroad (CRBA) and will get US Citizenship and passport.
.
K-2 Visa Requirements
To qualify for a K-2 Visa, the child must be a less than 21 years old and unmarried. He/she must be a child be of your K-1 fiance(e) though they are exceptions (i.e. adopted child, stepchildren, or from wedlock) in the application process.
The child or minor should also have a clean criminal background and not have violated any US Immigration laws in the past. The child must also have no drug addictions or substance abuse problems.
Secondly, you must be able to financially support your fiance(e) and his/her children. You must meet minimum financial requirements in order to get a K1 and K2 visa approval.
.
.
K-2 Visa application process
Normally, children of the K-1 Parent are counted under the same application process. In other words, children “tag on”.
First, you (the US citizen) must include the names of the children on Question 39 in the form I-129F. This tells the USCIS and US Consulate that you have K-2 visa beneficiaries.
In case child/children are still very young, your fiance(e) can fill and sign the forms on their behalf. You must also prove that the children will be financially sustained in the application process.
You need to include children in the DS-160, get their Police Clearance, Medical exam, and other documents just like the K- parent.
Important, children must be financially supported with the I-134. And you need to show evidence of relationship with the your fiance(e).
.
Limitations of a K-2 Visa holder
1. He/she is not eligible to change to any other non-immigrant visa status.
2. Just like your fiance(e), children are only allowed to stay in the US up to 90 days as a K-2 Visa holder (unless, of course, you get married to your fiance(e) and file the AOS).
3. He/she might be denied access to the US if there are previous immigration violations. If the K-2 applicant has an immigration violation, make sure you can overcome the inadmissibility with proof.
4. He/she must be unmarried and below 21 years of age at the time of entering into the United States.
5. You (the US Citizen) must financially support your fiance(e) and children by proving it in the Affidavit of Support.
.
K-2 Visa fees
The fees required during the K-1 and K-2 visa process are paid at the same steps. In other words, when you’re completing your applications for your K1 visa, K2 visa fees will be paid together.
.
- ● During the I-129F ($0) for children
- ● During the DS-160 ($0)
- ● MRV visa fee ($265/person)
- ● Visa Medical exam ($200 average/person)
- ● Adjustment of status ($1,225) but it depends on circumstances
- .
For a full list of where and when you’ve got to pay additional fees, check the K1 visa fees section.
.
K-2 Visa Medical Exam
It depends on each US Embassy or Consulate’s policy when and if they require K-2 applicants to go through a medical exam. If your child is very young, the requirement might be waived.
However, if they’re older then you can expect some kind of exam. The US Dept of State’s Medical Exam FAQ offers some insight. Children over 15 might be required to perform a full exam.
Medical results are valid for up to 6 months (for visa issuance purposes). You bring the results to the K visa interview. For the Adjustment of Status, the same medical results are valid for up to 1 year.
Keep in mind that children who test positive (Class A or Class B condition) might need to be evaluated or treated before their visa is approved.
Exams are held the same time with K-1 parents during the same appointment and the cost can be $200 USD per person.
.
Frequently Asked Questions about K-2 Visa
Question 1: Can K-2 Child apply for an adjustment of status (I-485)?
The K-2 applicant is eligible to file the Adjustment of Status (AOS), depending on two things:
1. If you and your fiance(e) got married before the child turned 18, then you can apply for an immigration petition and the child may apply for an adjustment of status (permanent resident status).
2. If however you and your fiance(e) get married after the child turns 21, then he/she won’t be able to file for Adjustment of Status. In this case the child needs to return back to the home country and has to wait until your fiance(e) gets a permanent resident status.
Click to share this with your fiance or friends on Facebook or Twitter
Question 2: Is the K-2 child allowed to stay after 90 days of visit to US?
The K-2 child is only allowed to stay in the US after 90 days if you two get married before the child turns 18. And, you must have filed for an immigration petition for him/her. Only then can the K-2 child apply for adjustment of status (green card).
Question 3: Does a K-2 child need to travel with your K-1 fiance(e)?
A K-2 child can travel with or after your fiance(e) enters the U.S.
Most of the time, minors of K-2 visas travel with their parent, however, sometimes they may need to schedule later. If so, the minor child may arrive at a POE later than his/her parent.
They must go through the same process as the K-1 when arriving. The K-2 visa process allows the child up to 1 year maximum before the visa expires. This is known as “Follow to join“.
Situations where the child is finishing up school or some exam is where he/she will stay behind for a short time.
Question 4: Does the k-2 child need to go to the interview?
The K-2 applicant may or may not need to go to the interview. It depends on the demand of the US Embassy that you’re dealing with. Usually young children are not required but older children are. Again, check with your US Consulate’s requirements to confirm. They might be asked questions during the interview.
K-2 visa interview questions: Do you know who’s going to be your father/mother? Have you met him/her?
See complete K-1 visa tutorial>>
There are 40 comments so far
Leave a Comment
Don't worry. We never use your email for spam.
Hi, I’m Prem…
Let me show you how to confidently get the Fiance Visa on your own.
Please note: I’m not a lawyer and cannot provide legal help. For that, you must seek a professional. I can help you find one, if need be.
Join 2,200+ active couples in my free email list already getting news and updates.
April 6, 2021 at 12:23 pm on How the Fiance K-1 Visa works – A complete Guide for beginnersHello Mike. Thanks for messaging us. We’d say 60 days sounds good. However, if you...[click to read more]- April 2, 2021 at 10:44 am on How the Fiance K-1 Visa works – A complete Guide for beginnersHi Prem, Thanks for the extensive information. My question is how current should the financial...[click to read more]
- March 31, 2021 at 5:27 pm on K-1 Fiance(e) Visa – Affidavit of Support (form I-134)Hi! We are currently at the point of needing to file the I-134 however I...[click to read more]
Visa Tutor LLC (R) company is an accredited BBB and bonded Immigration Assistance Provider.
Hi, considering the pandemic, my k1 visa was approved last dec 2019 and get married here in the u.s last mar1 2020, my child didn’t file the k2 application yet. Can he still use the follow to join? Or should I opt to apply immigrant petition for him by the time I get my green card, my son son will be turning 18 this April 2021.
Thank you
Jose,
You may want to speak to a legal professional about this, but from what the K-2 visa following to join states, the K-2 following to join must be initiated within 1 year from the time you got the K-1 visa approved.
-Prem
The fiance’s child was included in the I-129F application and received the K-2 visa. Once they have entered the US and the petitioner and fiance have married, the next step is to file Form I-130. Is the child included in this form or is there a separate application required for the child to receive a residency card?
Hello Isaac, thanks for getting in touch.
Just to clarify, I-130 is a form used to bring a relative who’s overseas to the US. That does not seem to be the case here because your fiancé’s child is already in the country. In order to adjust their status, you have to file form I-485 along with some other forms, but I-130 IS NOT one of them. I’d recommend that you read the following article to understand more about the process and all the requirements.
https://www.visatutor.com/fiance-k1-visa-adjustment-of-status/
-Prem
Hi Prem,
I would like to ask you. My daughter will be 21 yo this september. We just want to proceed her K2 visa, because she was waiting for information about her scholarship before. My K1 visa issued on March at the same year. It means if I proceed her K2 visa I still have time before it will expired on March next year. But, she will turn 21 this year. Is it possible for me to proceed the “follow to join” for her K2 visa ?
Thanks for your information,
Agnes Rahayu
Hello Agnes,
You should read the following information regarding the following to join for a K2 visa. https://www.visatutor.com/k2-visa-follow-join/. However, it seems in my opinion, that your child will not be eligible for a K2 visa because an applicant must be under 21 and unmarried to qualify for a K2 visa. However, you may try to request an expedite from the US Consulate and tell them very clearly that your child is at risk of “aging out” if they do not process her K2 visa immediately. Give that a try and let us know the results. Perhaps, with COVID-19 involved, this task will become difficult.
-Prem
Hi. Just wanna ask I am a K2 visa and my passport will expire next year january 2021. And we’ve been here in U.S since march so my 90 days visa already expired on may, my mom and my step dad already married before the 90 days visa expired. The thing is do I still need to apply another K2 visa since my k2 visa expired this may 2020.
Laica,
if you applied for your adjustment of status (i.e. Green card), then you don’t need to do anything else at this point. Please see here for the steps: K-1 visa: 3 Simple Steps for a Green Card (after marriage)
-Prem
Hi! I have a friend I’m helping right now..she got here K1, adjustment of status was filed but still pending because of covid and all that. Her daughter joined her K2..the unfortunate thing is, the husband died just 3 weeks ago..so now she is confused as to what to do.she and her husband has an 11 mos old baby together but she is also worried about her daughter’s adjustment of status..what do with her K2?
Chang,
Thanks for writing in. That’s a critical question and I would refer you to someone who’s knowledgeable about the Adjustment of status with a hardship. I believe your friend will qualify for adjustment of status because she fulfilled the requirement of getting married to her US petitioner. K2 children derive their eligibility as long as the K visa parent gets married to the US petitioner. So, it seems the young child will also be eligible to adjust status. Due to the death of the US petitioner, your friend may qualify as a widower. It’s best if you speak to someone who’s more experienced with this topic. Thanks for writing in and sharing your concern.
-Prem
Hello prem, i got a question about the affidavit of support for my son(minor) k2 adjustee, I filed few months ahead of him. And now they want a photocopies of my k1 864 affidavit of support. But on February 21,2020 the form was changed its edition date . Should i still send the photocopies of that 864 which i send in when i adjusted or should i provide the updated 864 for my son. Thank you
Hi Liezel,
That’s a good question. The answer depends on how long it’s been since you have sent the paperwork to adjust status. If your son was supposed to be “following to join” and his adjustment application was made along with your, then just send the original copy. However, if your son is adjusting status right now separately, then you should file with the new version of the I-864.
-Prem
Hi Prem,
My fiancé and I are planning to take K1. But we’re little confuse on what to do for our biological daughter. Are we going to file for K2 for her? Also our daughters birthday certificate was already reported in Consul upon giving birth and it was registered in Ph. So what advise would you give? Thanks
Hello Nia,
Thanks for writing in. If you want to bring your biological daughter to the US, you will use the Consular report of birth abroad to apply for her US citizenship and passport. I’m assuming you mean you got her CRBA from the US Embassy? If so, then she doesn’t need a K2 visa because she’s already a US citizen. In this case, you will simply apply for her US passport at the consulate. You can read the full details here: https://www.visatutor.com/childs-born-during-the-k-1-visa-process-crba/
-Prem
My wife came to USA on a K1 and we were married in June 2016. Our daughter remained in Phil to continue her education. She was listed on moms 129. Her tourist visa request was denied so it seems like the only way she can visit us in the US is if we applied for the K2. She will turn 21 in Jan 2021. Does this seem like a good idea or do you have a different solution? She will be returning to Phil to continue her studies after visiting us..
Hello Mike,
Thanks for reaching out. Well, since your wife came to the US in June of 2016, your stepdaughter is no longer eligible for a K2 visa (following to join) because that’s only available within 12 months of the original K-1 petitioner’s visa being granted (i.e. from June 2016).
The only two options that are available to you if your stepdaughter wants to join you in the US is to apply for a tourist visa (non immigrant) or you can petition her as a child (immigrant visa). If you want to apply for an immigrant visa, you will have to be careful of the aging out process because your stepdaughter will be over 21 soon.
-Prem
Hi .. My children came over with their Dad’s K1 but they came one year after him on the K2 “follow to join”. We have filed my husband’s 2 yr Green Card Removal of Conditions and he has done biometrics for that petition. His 2 children, ages 8 & 14, just had their Adjustment of Status Interview and received a 2 yr Green Card. Shouldn’t they receive a 10 yr Green Card since their only condition, at this step, is that me and their father (K1) have been married for over 2 years? If that is true, then should I file an i-90 form to have the green card replaced due to an error by USCIS or DHS (not sure which one)? My husband is due to apply for citizenship in June 2020, since he will have had his green card for 3 years at that time. Should I wait for my husband’s citizenship to be approved (because the boys will automatically get citizenship at that time, if I am right on that), OR will I still have to petition Removal of Conditions for this 2 yr green card that they have before they can receive citizenship with their father?? I know there are 2 or 3 questions to answer in this comment but I certainly do thank you for your time. I have filed all of these petitions myself so I am very knowledgeable in the process. However, bringing children over within the year, and not at the same time as the parent, is somewhat rare and even more rare is the error that may have been committed.
Good day Prem
Me and my fiance planned to apply for fiance visa. I’ve already 2 kids and my question is, during filling of I-129F does my fiance need to pay for 3x for I-129F for me and my 2 kids? And also my fiance and I plan to process the kids paper after I go to the US or after I stay for a year in the US, does K2 visa is applicable, my kids age 10 and 7 and we plan to finish their elementary here in the Philippines first before they follow to the US.
Hello Aily,
thanks for writing in. For the I-129F, you do not pay extra for children. It’s a flat fee for the form. If you’re interested in using the “following to join” procedure for the K2 visa, feel free to read about the steps here. Hope this helps
-Prem
Hi Prem,
My fiancee just arrived the US with daughter on K1 and k2. We got married 5days later and she wants my last name. I am in the process of filling got her AOS,EAD AND AP. So what can i do to have my last name reflect on her paper work. We didnt go for her SS yet. And on the marriage license its her maiden name that is on it. I am a little confuse at this point how to go about this.
Thanks Again for all you do.
Stay Blessed
Albert,
Did you opt to change your partner’s name on your marriage certificate? If so, then you can start using the new last name immediately. However, if you didn’t select change the last name, then her current legal name is the maiden name.
-Prem
Our K2 children followed. They have been here almost 2 yrs and we are just now filing an adjustment of status. We have to pay the full price for fees? We cannot file for $750 right? My wife has her greencard already.
Next question, what is the process for bringing her mother here? Even for a visit from colombia? We want her to visit or stay
Hi Ben,
Take a look at the fee schedule for your children for adjustment of status. If you’re filing with the K-1 parent, it may be a different rate than if you file for them separately. The instructions will indicate for your specific situation. https://www.uscis.gov/feecalculator
As for your mother-in-law, she’s welcome to try and get a tourist visa to come and meet the family. Your wife can also petition her as a parent for an immigrant visa.
-Prem
Hi,
I have k2 (11years old) but since he need to finish his schooling until April 2020 so he need to stay until end of school year. I’m leaving on December of this year. Since my son is join to follow, can i process his documents (set interview and medical) before i leave so he can follow to U.S on May 2020? Thanks
Hi Maryl,
There are two routes you can take. You can wait until he’s done with his education to initiate the following to join. Or you can get him approved sooner and use his K-2 visa before it expires in 6 months after approval. This depends on your preference and timing.
-Prem
Hi Prem. What will happen about our family? I was petition by my stepmother as IR-2. Same year I was petitioned. I met my girlfriend then after living in together I got her pregnant then I proposed but yet I cant marry her because I need to stay unmarried to pass my petition requirements. A year have passed she gave birth to our baby and then I had my interview and got approved. Were same from the PH. I really love spending my 3 years with her, and a year with my baby. I want to petition both of them. But I just got here in the U.S how many years should I wait and what to do? And do you think can we prove our bona fide relationship? Please help me. What should she tell the consulate what you gonna do in the US? What if they denied them and tell us to get married in the PH and repeat again the process with another application? I want to get them. Whats the best to do?
Hello J Bond,
I’m not sure I understood your question. But I believe what you’re saying is that you’re a LPR (not a US citizen, correct?). If that’s true, then you cannot use the fiance visa option because a fiance visa is only available to US citizens. One of your options is to get married and file for a spouse. Does this help?
-Prem
Hi just wanna ask we arrived here in the u s as a k1/k2 visa, wanna ask what kind of application that’s fits my k2 and there biological father is my husband who petition us. Hope can help me cause we’re confused what is the right form for them thanks
Hi, my fiance has a 6 year old son who was included in her approved I 129F petition. What are tge requirements for his visa interview? Can they both appear at the same time in the interview for thier both visa? Does we need to pay his MRV?
Hey Herry,
You should read here: https://www.visatutor.com/hows-the-process-different-with-k-2-visa-children/
-Prem
Hi Prem
I am going to apply for K1 visa for me and K2 for my son. I mentioned her in I-129F form as your said. Do I have to pay double fee? 535$x 2 for 2 persons? I did not see you mentioned in your answers.
Thank you
Hi Trinh,
That’s a good question. The I-129F is a flat fee of $535 regardless of how many K-2 visa children are listed. Hope this helps!
-Prem
Hi. My fiancé and her son have their interviews for the K-1/K-2 visa on July 30. My stepson wants to stay 2 months with his Dad before coming to the US. Does he need the follow to join? Or can he travel after 2 months of the visa being issued?
Hugo,
as you may have read, if it’s just a matter of less than 6 months, then he can go for the same interview, get approved, but wait until he’s ready to use his K-2 visa. As per law, a K-2 visa applicant can use the visa before the expiration date but enter with OR after the primary K-1 applicant. To me, your situation fits this.
-Prem
My fiance and her daughter are traveling together and we have passed the interview process. The status of the K1 visa is issued but the K2 has never been updated past “Application Received”. My question is is it typical for the embassy to send the visas together and not update the status or will the visas come separate?
Hey Greg,
The CEAC system isn’t the best in the world and it’s sometimes not responsive. So, I wouldn’t be surprised you get the visa in hand while the system still hasn’t been updated yet. It’s best to email the consulate directly if you have questions about the status.
-Prem
Hi Prem,
Other than mentioning the child’s name in the I-129F form, are there any other formalities that need to be completed in the I-129F package for an accompanying minor? We are planning to include birth certificate, passport size pictures with the package. Is that sufficient or are we missing out something? Is there a fee that we need to pay at the time of filing the I-129F for K2 processing?
Hello Sandhya,
That’s a very common question regarding what exactly do you have to differently when K-2 visa children are involved in the process. I’ve written extensively about it here
https://www.visatutor.com/hows-the-process-different-with-k-2-visa-children/
It’ll talk about the extra steps you have to take during the I-129F and K-1 visa interview stage.
-Prem
Hello,
I’m just starting the process of bringing my Filipino Fiance to the US on a K-1 visa. She has 2 children ages 14 and 19, that we plan to bring with her. When I file the Form I-129F with the USCIS, will i need to supply anymore information for the children other than whats asked for on the I-129f form? I know that i will have to pay a processing fee for each child but cant find if I need to fill out more forms for them or give more information.
Thank you for your help,
Jay Edwards
Hello Jay,
You will not have to supply anymore information other than what’s requested in the i-129F. Fees, documents, etc. will come later on when they go for the interview. I think it’s best if you take a look at the article I wrote for exactly this same question:
what’s different when you have children on a k-2 visa
-Prem