United States citizens are legally allowed to bring family members to the country under certain visas. When they wish to bring a fiance to the country with the intention to marry, they must have a K1 visa, also known as a fiance visa. However, if that fiance has a minor child who needs entry to the United States, the child requires a K2 visa. Continue reading below to learn more about this and contact an experienced immigration attorney for guidance.
Who is Eligible for a K2 Visa?
In order to be eligible for a K2 visa, the applicant must be the child of a K1 visa holder. In addition to this, the individual must be under the age of 21 and unmarried. Simply put, one of their parents should be a United States citizen who is looking to marry a foreigner with a K1 visa. It is important to note that a K2 visa does not give the applicant immigrant status. After their parents formally marry, the child is required to file an application to register permanent residence to change their status.
What Documents are Required for a K2 Visa?
A K2 visa is a derivative visa that is granted through their parent’s K1 fiance visa petition. It is because of this that the child’s name must be on the parent’s petition for the visa. In addition to this, the applicant must provide the following documentation to receive a K2 visa:
- Duly filled in Form DS-160
- Copy of their birth certificate
- Completed Form I-134
- Affidavit of Support and sponsor documents
- Passport sized photograph
- Result of medical examination from an Embassy accredited physician
What is the Interview Process?
In order to be granted a K2 visa, the individual must appear for an interview at the US Consulate or Embassy. When the Petition for Alien Fiance is approved by the USCIS, it is sent to the National Visa Center (NVC) for processing. It is then subsequently sent to the concerned US Embassy or Consulate where the applicant lives. Once the petition is approved by the Embassy or Consulate, they send correspondence to the applicant with instructions on scheduling their interview.
How Long Does a K2 Visa Last?
A K2 visa holder can stay in the United States as a non-immigrant for a maximum of 90 days. If the marriage between their parents does not take place within this time period, the visa holder must depart within another 30 days. Essentially, the validity of a K2 visa is 120 days entirely. This visa cannot be extended.
Contact our Firm
The Law Offices of Cheryl R. David practices immigration law throughout NYC. Immigration is a sensitive issue, which is why you should consider a compassionate, experienced, and aggressive immigration attorney who will guide you every step of the way. If you have questions about your particular matters regarding immigration please do not hesitate to contact our office to discuss your circumstances and options.