K2 Visa Process

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.

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.

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.

1. 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.
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3. 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.
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5. 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”.

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.

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.

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.

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.

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.

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.

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. 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. 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.

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>>