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?
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How long after the K1 enters the country(and marries within the 3 month period), can the K2 child apply for visa?
Once the the visa is issued for the K2, how long do they have to enter US?
Once the K2 is here, when can they return? They need to wait the 5 months for the AP?
IF the petitioner adopts the K2 in court in the US, are they automatic citizen and can apply for a US passport?
Hello Dale,
If you’re talking about having a child not mentioned before in the I-129F petition and that will apply for a K2 after the marriage there’s no time frame to be observed. However, adding a K2 after the K1 visa was already approved can be tricky and the consular officer may scrutinize the reason why that kid was not mentioned before.
A good option would be a follow to join visa. Here’s why:
At the moment of the interview, it’s simpler to explain to the consular officer the reasons why the kid is to join you later: finish school or wants to spend some time with the other parent before moving to the US.
If the plan is to have the kid move to the US after 6 months after the K1 visa issuance, the best is to ask for a K2 follow to join at the embassy and this will allow the kid to use it for up to 1 year after the K1 being issued.
To understand it better, I’d suggest that you read the K2 Visa -Follow to join article, if you haven’t done that yet:
https://www.visatutor.com/k2-visa-follow-join/
The K2 holder can only have permission to travel after getting the travel permit. As any other person adjusting status, they have to wait until they have this AP.
As for the adoption issue, I’d recommend you ask for legal guidance.
-Cris (Visa Tutor Team)
HI PREM THIS IS CONFUSING TO ME IN YOUR REPLY TO ELOHOR 4 MONTHS AGO (FIRST COMMENT MESSAGE ON TOP)
❒ 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.
MY FIANCEE IS WITH MY 2 MINOR BIOLOGICAL CHILDREN OF OURS THAT WILL TRAVEL WITH HER. I INCLUDED THEM TO MY 129F APPLICATION. I LINK THEM TO MY FIANCEE (THEIR MOM) DS160 AS TRAVEL
COMPANION. DO I HAVE TO FILL THEIR DS160 EACH SEPARATELY?
Hello Manuel,
Yes, every child does his/her own DS-160 even if you linked it with your fiance’s original DS-160. “linking” just makes it easier to retrieve repetitive information so you’re not stuck typing everything all over again.
-Prem
Hi sir… Thank you so much for your quick response… Cheers!
Hi every one, I got my approval, have paid for my k1 visa, when I was filling the form, I included my 2 kids, they are also my fiances biological children, so I also had to make payment for their k2 visa and included their recipt reference number… Am I supposed to fill a DS-160 form for them also and upload a passport photo of them? I hope am doing the right procedure? Thank you.
Hi Elohor,
Thanks for writing to us. Yes, you must fill out a separate DS-160 for each child in addition to paying separate visa fees for all. You should also upload a passport photo for each.
-Prem
My fiance’s daughter doesn’t live with her, and we don’t plan on a k2 visa for her.
Do we still need to list her on the I129f , or should we just not mention her at all ?
She’s been raised by her grandmother, and my fiance doesn’t want to uproot her at her age right now.
Thanks
Hello Eddie,
Yes, according to the I-129F instructions, all children must be listed regardless of whether or not you intend to apply for a K-2 visa in the future. I can understand about not distancing your fiance’s daughter from her childhood family. You always have the option later of petitioning the child for an immediate relative visa later on.
-Prem
Hello everyone,
Just wanted to share my form 129F story so far. I submitted my application late March 2018. It got approved late September. My fiancée and I had a baby (5 weeks now). I’m not doing K-2 visa instead applied simultaneously for a CRBA (consular report of birth abroad) and a U.S. passport (obtained within 10 days).
Thank you all for your insight.
Hi Joe,
Thanks for sharing your story. You did right by applying for a CRBA. Your child can get entry to the US regardless of what happens to your fiance’s K visa situation. You can follow my step-by-step outline here if you haven’t yet applied for the CRBA during the fiance visa.
-Prem