K2 Visa Process
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K-2 Visas are issued to the child/children of your fiance(e) sponsored under the k1 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.
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What is a K2 Visa?
A K-2 Visa grants the child/children of your fiance(e) immigration rights to the US, provided they are under 21 when you filed for your fiance(e) with the I-129F (to the USCIS). It’s a way of keeping young children united with his/her parent. Besides, you’d want your fiance(e)’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(e). Once your fiance(e) immigrates to the US and gets a green card, then he/she can apply for children as “immediate relatives”. This isn’t as fast as the fiance(e) visa process.
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Who’s eligible for a K2 Visa?
The main eligibility criteria for a K2 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.
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- ❒ 1. If you and your fiance(e) are the biological parents of the children, then you two are the “parents”. Then there isn’t a problem. Read below about CRBA.
. - ❒ 2. If only your foreign fiance(e) is the parent, then he/she must have their custody. More importantly your fiance(e) must be legally able to take them out of country. They might be required to get the ‘other’ parent’s permission. You’ll really need to consult an attorney in this case. (Read K-2 Visa: How to get Parental consent)
. - ❒ 3. The child must not be turning 21 during the K1 or K2 visa process. They must still be minors until a visa is issued. If your in a situation where the child will turn 21 soon, then you can request to expedite the interview to avoid “aging out”.
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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.
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K2 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.
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K2 Visa application process
Normally, children of the K-1 Parent are counted under the same application process. You (as the US citizen) need to include the names of the children on Question 16 in the fiancé(e) visa petition form (I-129F).
In a case where the 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. Finally, the children need to show evidence of relationship with the your fiance(e) in the application process.
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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), the 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 is a previous immigration violation. If the K2 applicant has been in the USA before with an immigration violation, make sure you can support your claims 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.
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K2 Visa fees
The fees required during the K1 and K2 visa process are paid at the same steps. In other words, when you’re completing your applications for your K1 visa, the K2 visa fees will be paid with them. You need to make sure when you’re paying that you include the necessary additional K2 payments.
For a good list of where and when you’ve got to pay additional fees, check the K1 visa fees section.
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K2 Visa Medical Exam
It depends on each US Embassy or Consulate’s policy when and if they require K2 applicants to go through a medical exam. If you’re 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 offer’s 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). For the Adjustment of Status, the same medical results are valid for up to 1 year.
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Frequently Asked Questions about K2 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.
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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 K2 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 K2 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.
K2 visa interview questions: Do you know your who’s going to be your father/mother? Have you met him/her?
See complete K-1 visa tutorial>>
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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