How it’s different with K-2 visa children

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Ever notice that the little ones don’t get a lot of attention? Wherever you look, people are fixated on minute details about the K-1 visa — the DS-160, medical exam, I-134 financials, and the interview, and on and on…

But when it comes to the children’s K-2 visa, they just shrug their shoulders, as if it’s an afterthought. Why is that? — even though it’s just as important as the K-1.

Look, I agree the K-1 visa is important, but we also have to be sure things work out perfectly for K-2 visa kids. After all, you can’t separate your fiance from his/her kids. But the problem is that not a lot of information is available out there for kids.

So, today we’re talking about exactly how the process is different when you have K-2 visa children involved.  What should you be aware of? And what’s specially do you have to do differently?

The K-2 visa is essentially the same process as the K-1:

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✔ Include them in the I-129F

✔ Do their medical exam

✔ Fill out their DS-160

✔ Pay visa fees

✔ Attend interview and so on

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Kids are pretty much “tagged” on to your fiance’s visa once you’re approved. And before we go further, I suggest you first read the basics of the K-2 visa process, then come back here.

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What’s different in the I-129F petition for K-2 visa children?

In the I-129F petition form, children don’t come much into the spotlight. There are literally 2 questions asked about the beneficiary’s children.

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➢ On page 7, part 2, questions 39 to 44.h, you mention their names.

➢ And under that, you list their address.

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Notice that all children are included regardless of their age or if they’re applying for a K-2 visa in the future. In fact, you must include biological, foster, or adoptive (because they’re all eligible for a K-2 visa).

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Other than the form itself, there’s no need to do anything else to get the I-129F packet ready for the USCIS. You DON’T have to include:

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✘ passport photos of K-2 children

✘ Birth certificates of children

✘ Employment history, education history or any of that.

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None of these are required.

And don’t worry if you forget to include kids in the I-129F — just tag them on once you get to the DS-160 part.

So, remember, in the first stage (the I-129F) you only include the beneficiary’s children’s names and addresses. Nothing else is required.

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K-2 visa Process after I-129F Approval

Once your approved, however, and your I-129F reaches the NVC, then things begin to pick up. The NVC performs background checks on all applicants. They assign a case number for your K-1 fiance. But your fiance’s kids won’t get a different a case #. Instead, they’ll just “tag” on once you get to the main application.

The application process is when you start to differentiate the K-1 fiance and his/her K-2 children.

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❒ DS-160

■ Each child does his/her own DS-160 only if they’re applying for a K-2 visa. Tip: you can link each child to the primary beneficiary (K-1 applicant) so you don’t have to fill out repetitive information for everyone’s DS-160.

■ It’s not necessary to have the same address, last name, or any other details match with the parent K-1. For example, many parents ask “what if my kids last name is different than mine?”. It really doesn’t matter. As long as you have the proper documentation and birth certificates, all is good.

■ If your K-2 visa kids are too young, you can fill out the DS-160 application online yourself.

■ Scan a passport photo of each child so you can upload it in the end.

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❒ Visa Fee

■ MRV Visa Fee – All K-2 children pay separate MRV visa fees. Right now that’s $265 per person. However, if you use the “following to join” then you won’t have to pay right now, you only pay once they’re ready for the interview.

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❒ K-2 visa Interview Documents

■  Medical Exam – all kids do their own medical. This includes separate exam fees and vaccinations. Kids under age 15 are exempt from parts of the medical exam. In fact, very young children are exempt from the medical exam altogether.

■  Police Clearance Certificates (PCC) – each child needs their own PCC as long as they’re over 16 years old. But if they have a criminal history, they must get a PCC, regardless of age. You can get a PCC for K-2 visa kids whenever you decide to get one for the K beneficiary. For “following to join”, you don’t need the PCC now.

■  I-134 Affidavit of Support – all K-2 children must be sponsored on the I-134 either by the primary sponsor or a joint sponsor. They count as a “household size” so be sure that you include them. Again, if you’re using the “following to join” option, then you don’t need to sponsor them right now with the I-134.

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❒ For interview

■  K-2 visa interview date – it’s scheduled the same day as the primary applicant (but “following to join” schedule it for later).
Children are usually not asked questions at the interview when they go with their parent. The most I’ve known any consular to ask a child was “do you know the [US petitioner]? Have you met him/her?”

■  Other documents – sometimes you need different documents based on your unique circumstances. Take for example: children custody agreements. You need to show that you can actually take children permanently out of the country with the other biological parent’s permission. This depends on the host country’s laws.

■  Proof of relationship – there is hardly ever a need to show proof of relationship for K-2 visa applicants to the primary US petitioner. As long as the parent is approved, K-2 kids have little to worry about.

Speaking of which — what are the statistics for K-2 visas?

Well, it’s very closely linked with their K-1 visa parent. If the parent is approved, then kids are almost always approved. If the parent is denied, then K-2 visa children are denied.

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K-2 visa process during Adjustment of Status

So, let’s say the tough part is over– that your case is approved and the children are well underway adapting to their new lives in the US. What happens differently with their (K-2 visa) I-485 Adjustment of Status application?

Well, consider it just like before: you “tag” them on to the primary K visa applicant. You can include their AOS paperwork within the main ones into one packet and send it off to the USCIS.

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➢ I-485 Adjustment of Status – Each child has to complete a separate from. And you pay separate I-485 filing fees for each. But you’re allowed to send the entire family’s paperwork in together in one packet.

➢ EAD/AP – they get their own individual EAD/AP card.  If they’re old enough, they can work, or else they continue with schooling. And if you want, they can also travel outside the US with the EAD/AP card.

➢ Legal Permanent Resident (Green Card) – they’ll get their own Green Cards once their parent (K-1) is approved for his/her GC.

Those are the big picture items to got to keep in mind if your fiance has children. The motto is “tag” them to the K-1 visa applicant. Now let’s talk about a few common questions we have (and in the end, you can ask your own).

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Common questions

❏ What’s “following to join”?

This is a special option if you want children to get their K-2 visa later than you. For example, if you want to settle into the US before you bring kids over. Or if they still have to finish up school before moving to the US. But keep in mind that K-1 and K-2 visas are usually valid for 6 months, so there’s no need to use “following to join” if you only want a 6-month delay.

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❏ What about children born during the K-1 visa process?

Children born during the Fiance visa process can get a Consular Report of Birth abroad (CRBA) depending on who the biological parent is. It also depends on if the child qualifies for direct US citizenship. Which means you don’t have to bother getting a K-2 visa. Read the CRBA article and it may save you the trouble.

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❏ Is there a limit to how many children can come with a K-2 visa?

There’s no limit. Whether your foreign fiance has 1 kid or twenty, there’s no limit. As long as you pay the fees, do their medical, etc. and are approved, they will get a K-2 visa.

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Kids enjoy the ride

Kids enjoy the ride. They “tag” on and get approved as long as the parent K applicant is approved. I’ve hardly known any couple who had trouble in the K-1 visa process with children.

To start off with, there’s not much required for K-2 visa kids within the I-129F, you list all of your fiance’s legal regardless of if they’re going to apply for a K-2 visa or not.

Following USCIS approval, each K2 child mimics steps that the parent does. For example, you do the DS-160, medical, PCC, pay visa fee, and more. They attend the interview but they hardly need to do anything besides show up with the parent.

The option of “following to join” allows you to postpone your kids arrival later than yours.

And of course once your kids arrive in the US, they’re eligible for most privileges as long as the primary beneficiary (K-1 applicant) gets married to the petitioner.

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How’s your experience been with the K-2 visa so far?