K-2 Non-Immigrant Visa for Minor Children of a K-1 Visa Beneficiary

The Immigration law of the U.S. allows derivative benefits for children of a K-1 visa holder. These children are allowed to migrate to the U.S. with their K-1 visa beneficiary parents. However, only children who are unmarried and under 21 qualify for the K-2 non-immigrant visa.

The K1 Fiancé (e) visa application process allows American citizens to bring their foreign fiancé (e) to marry and reside in the United States. Also, minor children of the foreign fiancé (e) can migrate with the K-1 fiancé Visa recipient on a K-2 visa.

Minor children of a K-1 fiancé (e) visa beneficiary use the K-2 non-immigrant visa to enter the United States.

K-2 Non-immigrant Visa Eligibility

A K2 visa applicant must ;

1. Have his or her name(s) included on the form I-129F K-1 Visa petition submitted by the U.S. petitioner on behalf of the foreign fiance /parent to the United States Citizenship & Immigration Services USCIS.
2. Be the legal child of the K-1 visa beneficiary.
3. Be a minor, under the age of 21 and also, unmarried.
4. Have a parent with an approved K-1 visa Petition.
5. Have no past Immigration or criminal Violations that may impede the K-2 Visa application process at the United States Embassy.

Benefits of the K-2 Non-immigrant Visa 

Some of the benefits of a K-2 non-immigrant Visa includes;

1. An opportunity to live with the K-1 visa beneficiary parent in the United States.
2. Study and attend school in the U.S.
3. Obtain a social security number as well as driving privileges in the U.S.
4. Apply for and obtain permission to work in the U.S. through an approved Employment Authorization Document (EAD) 
5. Apply for a green card for permanent resident status after the K-1 visa beneficiary parent, and the U.S. citizen petitioner gets married.

Limitation on K-2 Non-Immigrant Visa

1. Under the U.S. Immigration law, a K-2 non-immigrant visa holder cannot change their status to any other nonimmigrant visa within the U.S., nor can such status be extended.
2. The children of a K-1 Fiance must continue to be unmarried and under 21 years to be admitted to the United States as K-2 nonimmigrants.
3. Approval of a K-1 Visa for a parent does not automatically guarantee a k-2 visa for a dependent child in the presence of disqualifying factors.
4. Disqualification of the K-1 Visa holder has a direct impact on the K-2 visa approval.
5. The 90 days validity period of a K-1 Visa holder also applies to any k-2 visa dependent child.
6. A K-2 Visa dependent child must travel within the validity period of their K-2 visas.
7. A K-2 Visa-dependent child may travel with the K-1 visa holder parent simultaneously or travel later.
8. A k-2 visa holder cannot travel to the U.S. before the K-1 fiance visa parent.
9. Failure of the K-1 Visa beneficiary to marry the U.S. Citizen Petitioner upon admission to the U.S. will require the K-2 non-immigrant Visa dependent child to leave the U.S. or become subject to removal/deportation proceedings.

When to apply for a K-2 Non-immigrant Visa 

Upon the approval of the K-1 visa petition filed by the US Citizen petitioner, a dependent child of a K1 fiance can apply for a K-2 Visa at a US Embassy simultaneously at the same time as the k-1 visa applicant parent or a subsequent future date. Additionally, a K-2 non-immigrant Visa dependent child may travel with the K-1 visa Parent to the U.S. (accompany) or travel at a later date (follow-to-join).

Application for Permanent Resident Status ( Green Card Application) by a K2 Visa dependent child of a K-1

Upon the marriage of the U.S. Citizen Petitioner and the k-1 fiancé(e) within 90 days of the k-1 fiancé(e)’s admission into the U.S., Children of a K-1 admitted as K-2 nonimmigrants can apply for a Green Card by filing Form I-485 with USCIS at the same time or after their K-1 fiancé(e) parent. However, K-2 nonimmigrant children must remain unmarried to be eligible for a Green Card.

Conclusion

The K-2 nonimmigrant visa for the dependent of a K-1 fiancé is a valuable tool that promotes family unity between the K-1 visa holder and their children and the U.S. citizen K-1 visa petitioner.

Therefore, To successfully utilize the K-2 visa, the U.S. Citizen Petitioner must include the names of the K-1 visa fiancée’s children in the K-1 visa petition. Also, this is necessary for them to accompany the K-1 visa parent.

Certain peculiarities usually follow the K-2 visa process. Therefore, a lack of proper legal guidance may unnecessarily complicate the process. To ensure that your application is filed correctly and successfully, you should engage the services of an experienced and reliable immigration Attorney. The Law offices of Osas Iyamu is here for you. Click Here to begin your K-1 and K-2 visa consultation today.