Many have heard the term K-1 Fiancé Visa. It is a visa that allows a person from another country to enter the United States for 90 days to get married to an American citizen. A K-2 visa allows you to bring your children with you. If you have children in a foreign country you will find it is not much different of a process to bring them over on a K-2 Visa. In fact the process may be much easier than you imagine.
Eligibility for K-2 Visa
If you have unmarried children under the age of 21 years old they may be eligible to accompany you to the United States. They do not have to be biologically the children of your United States citizen fiancé. The term “children” as referred to in the K-2 Visa process includes not only your natural children, but your adopted children, or any children born to you. As long as your country can legally recognizes them as yours, they are eligible. If the other parent of the child is staying in the country it is your responsibility to comply with the laws and regulations of your home country.
K-2 Visa Application Process
Below you will find a brief description of the process. Remember, these steps are much more complicated than what is listed below, filing errors can negatively affect the outcome of the case therefore, you should always work with a license immigration lawyer.
he K-2 Visa application process is very similar to the K-1 Fiancé Visa application process. In the beginning of the process, the United States citizen sponsor just needs to include the names of the children on the Fiance Visa Petition form.
You should then receive an extra set of required forms for the children to fill out. If for some reason you do not get them, contact your consulate as soon as possible.
If you have young children you can fill out and sign the form for them. Just remember when you sign their name to just sign your name, and then write “Parent of (name of child)” afterwards.
Similar to the K-1 Fiancé Visa children will have to prove that they will be financially cared for along the immigrating parent.
Proof of Relationship
Each child needs to show proof of relationship to the immigrating K-1 parent. You can do this with either a birth certificate or adoption certificate. For children you will also need all the same paperwork as the fiance visa as well as pay individual fees per child.
If the other parent of your children is not leaving your country. You have to comply with your country’s custody requirements. If the children are legally in your custody, you may need to get a written consent from the other parent for you to take the children out of the country.
When going through this process please note that children must remain married and under 21 years of age right up to the day they enter the United States on their K-2 Visa. If you alert the immigration authorities that your child has an upcoming 21st birthday they can usually speed up the processing for you.
Applying for a Green Card
After the wedding and you are legally married, your children who came to the United States with you on the K-2 Visa may apply for a green card along with you. Each of you will have to submit by mail a separate application for adjustment of status to US Citizenship and Immigration Services (USCIS). To learn more about Adjustment of Status, visit:
Adjustment of Status
How we can help you
A K-2 Visa can be a very useful tool for keeping families together. Although the application process is clearly defined, it is important to remember that filing errors can have negative results on the outcome of your case.
Do You Need Help In Getting Your Green Card Or Visa in Virgina, Maryland or Washington D.C.?
If you're trying to obtain a Green Card or Visa you need to speak with an experienced immigration attorney as soon as possible. Please contact us online or call our Vienna, Virgnia office directly at 703.991.7978 or our Rockville, Maryland office at 301.637.5392 to schedule your free case consultation.