K2 Visa

The K-2 visa is a nonimmigrant visa which allows the child(ren) of a K-1 fiancé(e) visa holder to enter into the U.S. to accompany or join their parent as the parent pursues marriage to a U.S. citizen and lawful permanent residence.

There is no separate petition for the K-2 visa. The child(ren) are included on the Form I-129F, Petition for Alien Fiancé(e) filed by the U.S. citizen on behalf of his or her foreign national fiancé(e).

Once the I-129F petition is approved by USCIS, the foreign national fiancé(e) and any eligible children must obtain the K-1 and K-2 visa(s) at the U.S. consulate or embassy.

A child is eligible for the K-2 as long as they are under the age of 21, will be accompanying their parent or will be joining them within 1 year. Once the child enters the U.S. on the K-2, they can obtain lawful permanent residence as long as their parent and the U.S. citizen marry within 90 days of the parent’s entry.

The eligibility requirements for the K-2 visa are:

1. Must be the biological or legally adopted child of the K-1 visa applicant; and
2. Be unmarried and less than 21 years old at the time the visa is granted;

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On K-2 visa, you may:

1. Reside in the U.S. with your family while waiting for the marriage of your K-1 parent
2. Apply for Employment Authorization, using USCIS Form I-765, Application for Employment Authorization
3. Study in the U.S.
4. Apply for permanent residence once your parent and his or her U.S. Citizen fiancee marry.

Yes, there are some limitations to the K-2 visa category.

1. The K-2 visa holder cannot change to any other status once they are in the U.S. They can only file for Adjustment of Status to lawful permanent resident based on their parent’s marriage to the U.S. citizen who filed the Form I-129F.
2. The K-2 is a single-entry visa. This means if the foreign national leaves the country after entering on the K-2, they cannot re-enter without obtaining a different visa.
3. If the K-1 visa holder and US citizen marry after 90 days, then the K-2 visa holder may not file for adjustment of status to become a lawful permanent resident.

1. A K-2 visa is usually issued with a validity of 6 months. You must enter the U.S. before the expiry date shown on your K-2 visa and within 1 year of the K-1 parent.
2. After the K-1 visa holder arrives in the U.S., they must marry the U.S. citizen fiancé(e) who filed the Form I-129F within 90 days or the K-1 and K-2 visa holders must return to their home country. There is no legal way to extend the 90-day limit.

No, you may not apply for extension of stay on K-2 visa. If the marriage of your K-1 parent and the U.S. citizen does not take place within 90 days of admission you are required to leave the U.S.

Yes, you may study in the U.S. on K-2 visa at all educational levels- from elementary school through the university-level.

A K-2 visa holder is eligible to apply for permission to work once they have entered the U.S. To obtain Employment Authorization you will need to file Form I-765, application for employment authorization, with USCIS.

Note: The USCIS is currently taking 90-120 days to process EAD applications and the authorized stay for a K-2 child of a fiancé(e)fiancé(e) is only 90 days, therefore you may not receive the EAD in a timely manner, The EAD may only be valid for the period of authorized stay.

Once the I-129F is approved, the K-1 and K-2 visa applicants must attend an interview at the U.S. consulate or embassy. These are the documents that are generally required for the K-2 applicant (there may be additional documents required based on individual circumstances):

1. Form DS-160, Nonimmigrant Visa Application, completed online, with recent color photograph with a white background. (photo must be electronically uploaded to DS-160)
2. Valid passport
3. Copy of your birth certificate issued by the Registrar of Births in your country of birth
4. If you were adopted, copies of the adoption documentation
5. Completed Form I-134, Affidavit of Support, and supporting documents from your sponsor (the U.S. citizen fiancé(e) of our parent)
6. Complete medical examination report from one of the consulate’s or embassy’s panel physicians

All visa applicants must have their own, separate passport.

Generally, visa applicants must appear for an interview at the U.S. consulate. Some consulates will waive the requirement for K-2 applicants under 14 years of age. You must check with each individual consulate to determine if a child under 14 is required to attend the in-person interview or not.

No, you may enter the U.S. up to one year after your K-1 parent. But you may not enter the U.S. before your K-1 parent enters.

You may apply for Adjustment of Status as long as your K-1 parent visa holder and U.S. citizen are married within 90 days of your parent’s arrival to the U.S.

Adjustment of Status is a process used by individuals who are already in the U.S. to obtain the “green card” or lawful permanent resident status. You can seek Adjustment of Status by filing the Form I-485, Application to Adjust Status

Previously, those who entered on a K-2 visa could not file for Adjustment of Status if they turned 21. Today, as long you entered as a K-2 nonimmigrant before turning 21, and your K-1 parent married the U.S. citizen within 90 days of entry, then you can file for Adjustment of Status regardless of your age.

If the US citizen and K-1 visa holder do not marry within 90 days, then the K-1 and K-2 visa holders cannot file directly for Adjustment of Status. The U.S. citizen must file the Form I-130, Petition for Alien Relative for their foreign national spouse. Since the spouse is an immediate relative, they can file the Adjustment of Status concurrently (or together) with the Form I-130.

If the K-2 visa holder was under 18 at the time of the marriage, then he or she is considered a step-child of the U.S. citizen and is also an immediate relative. The U.S. citizen can file the Form I-130 for the child and they can also file the Adjustment of Status concurrently with the Form I-130.

Unfortunately, if the marriage occurs after the child turns 18, the U.S. citizen cannot file a Form I-130 for them. The K-2 visa holder will need to leave the country. They will need to obtain a family-based immigrant visa through their own parent. Once the parent gets the green card, the parent can file the Form I-130 on their child’s behalf.

A conditional resident is someone who obtains a green card that is valid for 2 years, instead of 10 years, which is the standard validity of a green card.

For marriage-based applicants, including those who obtain their green card based on marriage to a U.S. citizen, USCIS will issue a 2-year conditional green card if the couple was married for less than 2 years on the date the green card was approved.

Most K-1 visa holders who marry within the required 90-day period and then immediately file for Adjustment of Status (Form I-485) will receive a conditional green card valid for 2 years. Because the K-2 visa holder’s status is dependent on their K-1 parent, if the parent receives a 2 year conditional card, the K-2 visa holder will also receive a 2 year conditional card.

Those with a conditional green card must file an application for Removal of Conditions to get a permanent, 10-year Green Card. This process was created so that USCIS could do a second check on the marriage after two years to combat marriage fraud, since marriage is seen as a relatively easy route to get permanent residency in the U.S.

If you were granted permanent resident status at the same time as your K-1 parent, or within 90 days afterwards, then you can be included in your K-1 parent’s Form I-751, Petition to Remove the Conditions of Residence.

The Removal of Conditions (Form I-751) must be filed in the 90-day period preceding the expiration of the 2-year green card. The application must be filed with additional evidence that your parent’s marriage was real or bona fide and should be filed “jointly” with the US citizen spouse. You and your parent may qualify for a waiver of the joint filing requirement (your parent divorced the US citizen spouse or the US citizen spouse died but can still show that the marriage was bona fide, show that you and/or your parent been abused or subjected to extreme cruelty by the US citizen spouse, or termination of your status would subject you to extreme hardship).

If you came to the U.S. on a K-2 visa, and you are above 18, you may apply for citizenship through naturalization five years after your lawful permanent residence is granted. You must file the N-400 with the required fees and documentation to apply for citizenship.

If you are under 18 and your parent naturalizes and becomes a citizen, you may automatically become a citizen and will not need to naturalize separately. You can directly apply for a U.S. passport and Certificate of Citizenship.