K2 Visa – Follow to Join
A K1 Fiance(e) visa parent normally applies for a K1 and a K2 visa so children may emigrate together. Children derive their eligibility based on an approved K1 parent. They go through the DS-160 application, medical exam, interview, etc. and also arrive in the US together.
However, sometimes parents may find it necessary to postpone their children’s application/arrival for various reasons.
A K2 visa “follow to join” option allows children to apply for a K2 visa (up to 1 year) after the parent has been issued a visa. With this choice to “follow to join” in the DS-160, the K2 children won’t necessarily need to have the interview, medical, visa fees, etc. at the same time. The time limit to apply is briefly extended.
Why use a “follow to join” for a K2 visa
Let’s make one clarification:
You do not have to use the “follow to join” option if you simply want your children to arrive a bit later than you do. Remember that the K1 and K2 visas are valid for up to six (6) months. Children can use a K2 visa anytime after you arrive (within the 6 months).
If this is enough time for you to adjust to your new home, life, spouse and country, then you don’t have to risk the “follow to join” method. However, if you’re looking for your child(ren) to come to the US more than 6 months later, then you have an option.
Here are some of the several reasons for a K2 visa “follow to join”:
➣ Parent needs to adjust to a new life. Adjusting to a new world can be intimidating. Some parents want to settle in before introducing their children to the US. It’s understandable because it may be a stressful time for younger children.
➣ Schooling or education. Most of the time, minors are still in school and may need to complete their education before emigration. If the timing works out, you can get the K2 visa with the “follow to join” option after they graduate.
➣ Custody/court issues. If there are pending court/custody issues with the minors, they need to be finalized/cleared before being issued a K2 visa. Depending on the country, travel may be prohibited without the consent from both parents. If you’re confident the legal issues will be resolved before the 1 year expiration, then you can opt for the “follow to join”. You must be sure that minor children are allowed to travel internationally.
➣ Other obligations or issues. Other things may prevent/delay travel (medical treatment, economic issues, social issues, etc.). Every case is unique.
Again, the option exists if you feel 6 months won’t be enough. And I would recommend against the “follow to join”, if possible. Besides carrying some risk, it means your family will be separated temporarily.
Requirements for a K2 Visa “follow to join”
To be eligible for a “follow to join”, you must also be eligible for the K2 visa. The main criteria are for the children of K1 visa parents to be unmarried and remain under 21 years old.
Steps to complete your “follow to join”
The following are the major steps in using the “follow to join” to apply for a K2 visa. Realize that all cases are unique and will have slightly different timelines, requirements and situations.
K2 Visa “follow to join” Interview questions
The questions to expect from a “follow to join” K2 visa interview are similar to those from the routine K2 visa interview. Examples of the usual questions are: do you know who your parent is going to marry? Have you met him/her? The “follow to join” situation may require the Consular office to ask, “why did you stay behind?”
Remember, regardless of “follow to join” or not, the K2 visa applicant still has to go through the same procedures as a K1.
Cost implications for K2 “follow to Join”
It’s necessary to understand some of the cost implications you’ll face if you decide to “follow to join” with children after your successful K1 visa. The following are meant to educate you (not discourage) so you can make an informed decision.
There are certain expenses that must be paid regardless of if you apply for a K2 visa along with a K1 fiance(e) visa, or if you decide to have a “follow to join”. Aside from those, the following may be additional:
1. Supervision. If you leave children behind, they may need additional supervision and/or allowances while back in the home country. Someone needs to care for them while you’re away.
2. Travel/Interview/misc. The children may incur additional costs, stops and travel expenses to get a medical exam, interview, police clearance, etc. that you otherwise would’ve done together. You’ll be spending extra money on things you could’ve done together.
3. Adjustment of Status filing fee. If filed jointly, the filing fee for the I-485 (Green Card) is waived for additional members. If children join parents in the US later, then they will have to file separately and pay the appropriate fees.
K2 Visa “follow to join” potential problems
Complications can arise in your petition process. The following are some things you must be aware of so that you can prevent problems:
1. Custody issues with the divorced parent can delay the process (or stop it altogether) if it’s not resolved. You need to prove to the satisfaction of the Embassy that your kids are allowed to leave the country. In some countries, even having “full custody” doesn’t allow the parent to remove the children from the country. You don’t want to be accused of parental kidnapping.
2. Expiration in 1 year (of K1 visa). You must apply, have medical/interview, provide all other documents, and get approved within the 1 year expiration date of the K1 visa. Don’t underestimate the time it’ll take you to complete the application, interview, and medical process.
3. Children aging to 21. Sometimes the children may turn 21 or close enough for it to be risky. You must urge the Embassy to process your case quickly if your children might be at risk of being over the age limit and being ineligible (known as “aging out”). In most cases, they will be willing to work with you to expedite the process.
4. Children not listed in I-129F. If you didn’t list the children in the I-129F as “children of fiance(e)”, then it might present a problem when you apply for a K2 visa. You will need to contact the US Embassy to ask for directions. You may still apply for a K2 visa but the Embassy will question why you didn’t include them in the original petition. They might ask for further documentation to prove you are indeed the parent. Normally, children will be capable of applying for the K2, but not without heavy review.
Your other options
Despite all your efforts and good intentions, what if you’re too late to get the K2 visa issued before the expiration date? Or before being ineligible?
The sponsoring US citizen would need to apply the I-130 Petition for Immediate Relative. Once both the US citizen and K1 parent are married, the child becomes a stepchild. They’re eligible as an immediate relative to the US citizen parent.
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Hi there! During the one-year period when the child is waiting to move to the US, is he/she able to visit the US on a tourist visa? Thank you!
Hello Jessica,
Interesting question. I would assume yes. Since you haven’t yet applied for the K-2 nor are you in processing, it should not affect any applications for B1/B2 visas. Keep in mind, you have to initiate the “following to join” option. It will not come automatically. When the K-2 child is ready, you have to contact the Embassy to let them know that you’re ready to start the K-2 follow to join. If you research and find out more about this topic, let us know!
-Prem
Hi! I’m so confused right now! My mom is a K1 Visa. A K1 Fiance(e) visa parent normally applies for a K1 and a K2 visa so children may emigrate together. Children derive their eligibility based on an approved K1 parent. They go through the DS-160 application, medical exam, interview, etc. and also arrive in the US together. My mom been here 2years and a half almost! and my sister and I been 1year and 3months here! They said I’m at risk because I’m gonna be 21 this coming nov.24! Children aging to 21. Sometimes the children may turn 21 or close enough for it to be risky. You must urge the Embassy to process your case quickly if your children might be at risk of being over the age limit and being ineligible (known as “aging out”). In most cases, they will be willing to work with you to expedite the process. And can I file my own green card by myself if ever? thank you!
Hello Almira,
Thanks for reaching out. I believe you’re confusing two different matters. The part that you’re quoting — about aging out and getting your case expedited — only applies to getting a visa. It doesn’t apply to your Adjustment of Status (I-485).
K-2 children are generally protected from aging out if they are admitted to the US before their 21st birthday and their K-1 parent gets married. You seem to have done all of that. I don’t think you have an issue with your Adjustment of status (Green Card). You can read more here
https://www.uscis.gov/greencard/child-status-protection-act
Read the part about K-2 children and CSPA. Hope this helps, let me know if you have further questions.
-Prem
hi, i hope you could help me my concern how to contact the philippine embassy? i already paid the ds.160 for my childrehelp men do i need to under go for medical? or interview first? thank you please
Hello sheryl,
Your K-1 visa instructions (you got in the mail or email) will have clear instructions on how they want you to prepare. Most likely, they ask you to perform the medical exam at St Lukes 1-3 weeks before the interview. Which stage are you in and when is the interview?
-Prem
Hi,
I hope you can help me out. I arrived on a K-1 Visa in Guam last June 14 2016. My visa was issued on June 5,2017. We have already applied for adjustment of status right after our wedding on July 7, 2017. Our case for adjustment of status is still pending as of this writing. The follow to join visa for my son will expire on June 5 2018. My husband and I are worried that my adjustment of status won’t be approved by then. We haven’t received anything after my interview last October 12. Further, my son is just 3 years old turning 4. I wasn’t married to my son’s father. However, his father’s name is on his birth certificate. I don’t have contact with my son’s father anymore. Will I still be needing a consent letter from my son’s father? Will it be a problem if I don’t have it?What are the other things I need to consider to bring my son here?
Hello Cah,
As long as you got married to your sponsoring fiance in your K1 visa, it means your son is eligible for a K-2 visa within the 1-year limit of your approved K-1. In other words, your son can apply for a k2 visa because you fulfilled the requirement of marrying the US citizen under a k1 visa. You should contact the US Embassy in your home country and let them know you’re ready to process your son’s application. They will direct you on how to proceed. Most likely, you’ll fill out the DS-160, medical exam and set up an interview.
Now the issue about the custody of the child is important. You must be able to prove to the US Embassy that you have full rights to take your son out of the country. It’s okay if you don’t know the whereabouts of his father. However, you must get some court notice approving your custody rights. You have roughly 6 months to get this done before the following-to-join limit is over. Depending on how long it takes to get the right paperwork, you may need to be quick about it. How long do you feel the custody court issue will linger?
-Prem
Hi,
I am really confused and upset and would sure appreciate some direction or advice. My situation is this….I came to the USA on a K-1 visa, my husband and I were married within 90 days, I am now a green card holder. I have a minor child who lives in Canada, I named her on my K-1 Visa as child to follow, but she was only 11 years old and was not ready to leave her friends, school, father….etc so I let her wait to make the decision on her own to come. We missed the 1 year timelimit for the K-2 visa, my child wants to come live with me now. My husband thought that it meant that I as the Legal Permanent Resident needed to file a new I-130 to bring my child, so I did, we paid the fee, we filed it, its been 8 months and it is still pending approval. We just found out that because my husband and I are still married and since it has been over 2 years since we were married and because my child was 11 years old when we were married and was under the age of 18 when we were married and because my child is still under the age of 21 now then my husband should have filed the I-130 to bring his unmarried minor stepchild, under the age of 21 to the USA. My question is this……Can my husband file a US Citizen form I-130 with my LPR I-130 pending? And also, what is the next step if my husbands I-130 is approved? What visa will we need to apply for to bring my daughter to the USA? She still lives in Canada. I know that NVC will notify us, but I am curious what the type of Visa will be if my husbands I-130 is approved? Some people have told me that we would need to apply for a K-4 visa but then others say that these a no longer granted. Some people have told me that we would need to apply for a IR-2 Visa but my husband is not adopting my daughter. Other people have said that we would need to apply for a CR-2 Visa but that is based on me having a CR-1 which I do not. Can you tell me what the next step would be if my Husband files a I-130 and what type of visa we would file for if the I-130 is approved? Also my husband named my child on the form I-129F when he filed it for me and my K-1 visa. Just in case that makes a difference I thought I would mention it. Finally do I cancel the LPR Form I-130 that I filed which is still pending approval? I sure would appreciate whatever help you can provide. I am so confused and so frustrated.
Hi Tanya,
That’s an interesting situation that you have. I’m sure you’re aware that your daughter isn’t eligible for the K-2 visa because you missed the mark. Neither is she eligible for a K4 visa, because YOU didn’t come to the US on a K3 visa nor did your husband file the K3 for you. So, the K4 is out of the question. In addition, the K3/K4 are being phased out and almost stalled.
I wouldn’t be too quick to have your husband file the I-130. Something tells me the processing times might be similar. But I’d have to check the visa priority dates before making that claim.
If your husband files the I-130 he would do it under the IR-2 (immediate relative) because your daughter is his stepdaughter and it’s been over 2 years since you married (hence it’s not CR-2).
It doesn’t matter if you named your daughter on the I-129F. That’s done and gone. It doesn’t matter anymore. You have to file a new petition. Your situation is complicated, I know, and you need to be cautious about canceling your I-130. What did the USCIS say in your I-797? And what did they say was the processing time?
-Prem
hello, I was kinda confused right now on what should do, my 9-year-old son arrived in the US Nov. 10, 2017, under a k-2 visa, I already adjusted my status after my husband and I got married last December 2016 and now I’m a legal Permanent Resident (conditional since it was based on marriage) since May 2017. My question is when is the best time I can file adjustment of status for my minor son considering I already have my Green Card. I was told that I can file it anytime, whenever I want as long as I file the application before my son reach 18 years old, and some told me to file it within 90 days. I hope you can help me..looking forward to your response.
Thank you
Hello Susan,
That’s a very good question. And honestly, it’s something I didn’t know and had to look up.
As you know, a K-2 derivative can only follow-to-join after you’re approved. Then your child can only adjust status (i.e get a green card) once you are married to your fiance. I’m still quite a bit unsure, but to me it seems like he can file his I-485 anytime. Since you’ve already fulfilled the requirement of having to get married. I think he can file now or anytime before age 18. However, I don’t think anyone waits that long.
The 90-day limit only applies to you getting married and not how long you have before filing the I-485. In fact, I spoke to a USCIS representative about that exact question one time and he told me that there’s technically no time limit of when you have to file the Adjustment of Status I-485. I don’t know how accurate that is, but I have to believe him because I can’t find anything to challenge that otherwise.
So, my advise would be that you can file anytime. However, don’t wait too long or else he may be out of status.
-Prem
hello i am glad i found your site it helps a lot.Thank you so much.Anyway i am maria and i have a doubt about follow to join.I already paid my son’s ds 160 and mine too and my the interview will be on december 5.My question is how can i declarate my intention to follow to join?And also if he needs to go with me to do the medical exam now.Can i say my intention on the interview?at first my son would travel with me but now I am thinking that it’s gonna be better to go first and organize everything there and then back to Brazil to pick up him.Thank you so much
Hi Maria,
Thanks for stopping by and I’m glad you found this helpful.
If you already filed the DS-160 and payed the visa fee, then I suggest you email the Embassy and inform them that although you two have approved I-129F petitions, you would like to use the “following to join” option for your son. They will reply back and tell you exactly what steps you need to take. Most likely, they’ll say you can keep doing your preparations but not have to bring in your son for the interview. They may also ask you to not do his medical exam.
Yes, most parents use the K-2 follow to join to bring in their children after they adjust to their new life in the US. Just be sure it’s within 1 year of when you’re approved.
Does this help you Maria?
-Prem
First I would like to say thank you so so so so much for your help!!I have been try to send email to the embassy but the embassy email box is full and they can’t receive emails anymore.I will try to call them tomorrow morning because I am worry about it I want to fix it before my interview.
Hello Maria,
You’re welcome for the help. If the Embassy’s email is full, you should keep trying. I’m not sure how easy it is to get a hold of them on the phone. Most don’t respond. If they do, then it’s typically treated like a call center.
The best you can do is keep trying. In the worst case scenario, you will have to go into the interview alone, explain the situation, and get yourself approved first for a K-1. Your child can apply for a k-2 visa within 1 year even after you’re approved.
-Prem
Hello Prem!!! Thank you so much!!Yes it’s a very tense and stressful situation!They just received my email today and they said it will take three days to respond me .I tried to call to the Rio de Janeiro’s consulate where my interview will be and they don’t give any information about it by phone just by email.Well the good thing is that my fiance will try to go to the interview with me I think this can help right?I know it’s super complicated to get a few days off in USA but I hope he can do it.Thank you so much for your help again.Now I am trying to call to the american consulate in my city I hope that I can get more informations.Thank youuuuuu
Hello Maria,
You’re welcome. I understand the tense situation, everyone is tense the last few days before the interview. The Consulates generally don’t respond to phone calls, they prefer email.
It’ll help definitely if your fiance accompanies you to your interview. Just be sure that the Embassy policy allows him to join you.
Good luck
-Prem
If I become unable to take the follow to joiner’s within the time limit then will it effect the case?!
Nayan,
If you don’t file or get approved within the 1 year limit, your parents have to apply the I-130 petition for a relative. This is the only reasonable alternative. If you “age out” (i.e. go over the age limit) or get married, then you’re not eligible for the petition, you must file for a different category. Does this help answer your question, Nayan?