Finding love across borders is an exciting journey, and when you decide to get married and start a new life in the United States, the K-1 fiancé(e) visa is often the first step. But what about the children? For many couples, building a new family means bringing everyone together. This is where the K-2 visa comes in, providing a route for the children of a K-1 visa holder to join their parent in the US.
The immigration process can seem full of complex forms and rules, but it doesn’t have to be a source of stress for your family. At Remitly, we believe in providing clear, actionable information to help you thrive in these important moments. This guide will walk you through the K-2 visa process, from eligibility to adjusting status, so you can focus on uniting your family.
What is the K-2 visa, and who is it for?
The K-2 visa is a nonimmigrant visa specifically for the eligible children of a K-1 fiancé(e) visa holder.
Defining the K-2 visa
The K-2 visa is a dependent visa. It does not exist on its own; its sole purpose is to allow the minor, unmarried children of a K-1 visa applicant to accompany their parent to the United States. The K-1 visa will enable a foreign fiancé(e) to travel to the US to marry their US citizen partner. The K-2 visa ensures the children are not left behind during this life-changing transition.
Key benefits: schooling and life in the US
Schooling: Once admitted to the US, K-2 children are eligible to enroll in US schools.
Adjustment pathway: The K-2 visa provides a direct path for children to adjust their status to permanent residency alongside their parent, ensuring the family can stay together permanently in the US.
K-2 visa eligibility requirements
To qualify for a K-2 visa, the child must meet specific criteria defined by US immigration law.
K-2 eligibility is dependent on the parent’s K-1 visa
The entire K-2 visa process is tied to the parent’s K-1 visa application. If the parent’s K-1 visa petition is approved, the eligible children can also receive K-2 visas. If the K-1 petition is denied, or if the K-1 parent decides not to immigrate, the children cannot receive K-2 visas.
Who qualifies as a K-2 child?
The applicant must be:
- The child of a principal K-1 visa applicant. This includes biological children and children legally adopted by the K-1 parent.
- Unmarried.
- Under the age of 21.
Naming the child on the initial Form I-129F petition
This is one of the most important requirements. The US citizen petitioner must list all of the K-1 fiancé(e)’s eligible children on the initial Form I-129F, Petition for Alien Fiancé(e), that is filed with the US Citizenship and Immigration Services (USCIS). If a child is not named on the original petition, they will not be eligible to apply for a K-2 visa later. It is critical to include every eligible child from the very beginning.
Required documentation for the K-2 visa
A well-prepared and organized set of documents is essential for a smooth consular interview and visa approval.
Documents for the K-2 child
Each child applying for a K-2 visa will need:
- A valid passport.
- Their government-issued birth certificate or legal adoption decree.
- The confirmation page from their completed Form DS-160.
- Passport-size photographs that meet US visa requirements.
- Results from a medical examination performed by an authorized panel physician.
Supporting documents from the K-1 parent and US citizen petitioner
The application package should also include:
- The Form I-797 Approval Notice for the Form I-129F petition.
- Proof of the relationship between the K-1 parent and the US citizen petitioner (e.g., photos, correspondence).
- Evidence of financial support, usually Form I-134, Declaration of Financial Support, from the US citizen petitioner, along with supporting financial documents like tax returns or pay stubs.
The K-2 visa application process: A step-by-step guide
The K-visa process involves two main stages: a petition with USCIS in the US and then visa processing at a US embassy or consulate abroad.
Step 1: The US citizen files Form I-129F
The process begins when the US citizen (the “petitioner”) files Form I-129F, Petition for Alien Fiancé(e), with USCIS. The petitioner must name their foreign fiancé(e) (the K-1 beneficiary) and all of their eligible children (the potential K-2 beneficiaries) on this form.
Step 2: USCIS petition approval
Once USCIS approves the I-129F petition, the case is sent to the Department of State’s National Visa Center (NVC), which then forwards it to the US embassy or consulate in the country where the K-1 fiancé(e) resides.
Step 3: Consular processing at a US embassy or consulate
The K-1 parent and all K-2 children will then proceed with consular processing. This involves several key actions:
- Completing Form DS-160: Each person applying for a visa (the K-1 parent and each K-2 child) must complete their own Form DS-160, Online Nonimmigrant Visa Application.
- Attending a medical examination: All applicants must undergo a medical exam with a physician approved by the US consulate.
- Gathering documents: Collect all required civil documents, photos, and financial support evidence.
- Attending the visa interview: The K-1 parent and, ideally, older K-2 children will attend an interview with a consular officer. The officer will review the case and determine eligibility.
Understanding processing times and fees
Processing times: The entire process, from filing the I-129F to the visa interview, can take many months, sometimes over a year. Check the USCIS and Department of State websites for current timeline estimates.
Fees: There are fees for filing Form I-129F, the visa application fee for the DS-160 for each applicant, and fees for the medical examination.
Common challenges and tips for a smooth process
Anticipating common issues can help your family prepare a stronger application.
Forgetting to include children on the initial I-129F petition
This is a critical error. If a child is not listed on the approved I-129F, they cannot be granted a K-2 visa.
Solution: The US citizen petitioner must be diligent and list every single unmarried child under 21 of their fiancé(e) on the initial petition, even if a child is not certain to be immigrating at that time.
“Aging out”: When a child turns 21
A child must be unmarried and under 21 to receive a K-2 visa and enter the US. If they turn 21 during the long processing time, they “age out” and lose eligibility for the K-2 visa.
Solution: While the Child Status Protection Act (CSPA) offers some protection for other visa categories, its application to K-2 visas is very limited. The best solution is to begin the process as early as possible if a child is approaching their 21st birthday. If a child ages out, the US citizen may need to file a separate family-based immigrant petition for them after marrying the K-1 parent.
Providing incomplete or incorrect documents, or being unprepared for the interview, can cause delays.
Solution: Create an organized document checklist. Ensure all birth, marriage, and divorce (if applicable) certificates are official, government-issued copies. Prepare for the interview by reviewing your current relationship history and future plans.
After arrival: K-2 visa validity and adjusting status
The K-2 visa is a temporary visa that opens the door to permanent residency.
Entering the US and the 90-day window
The K-1 parent must marry the US citizen petitioner within 90 days of their arrival in the United States. The K-2 children must enter the US either with their K-1 parent or follow to join them later, but their visa is only valid for as long as their parent’s K-1 visa.
Adjusting status to a green card holder (Form I-485)
After the marriage takes place within the 90-day window, the K-1 parent and all K-2 children can apply for Adjustment of Status to become lawful permanent residents (green card holders). This is done by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS for each person.
Why the K-2 visa matters
The K-2 visa is crucial in keeping new and growing families together. Although the process may seem complex, support is available through proper preparation and professional guidance. Start your application or consult an expert today to bring your family closer to home.
FAQs
What is the K-2 visa, and who qualifies for it?
The K-2 visa is a non-immigrant visa for the unmarried children, under the age of 21, of a K-1 fiancé(e) visa holder. They must be named on the US citizen’s initial Form I-129F petition to be eligible.
Are children required to attend a visa interview for the K-2 visa?
This depends on the policies of the specific US embassy or consulate. Generally, children under a certain age (often 14) are not required to attend the interview in person, but their application materials must still be submitted. Always check the instructions from the consulate processing your case.
How long is the K-2 visa processing time?
The total processing time includes the time for USCIS to approve the I-129F petition (which can be many months) plus the time for consular processing abroad (which can also take several months). It is a lengthy process, often lasting a year or more from start to finish.
Can children on a K-2 visa attend school in the United States?
Yes. Once they arrive in the US in K-2 status, children are permitted to enroll in public or private schools.
What happens to K-2 Visa holders if the parent’s K-1 visa status changes?
The K-2 status is entirely dependent on the K-1 parent. If the K-1 parent does not marry the US citizen petitioner within 90 days, both the K-1 and any K-2 children lose their status and must depart the US. Similarly, if the K-1 visa is denied or revoked, the K-2 visa is also invalidated.