K2 Visa

The K-2 nonimmigrant visa allows the child(ren) of a K-1 fiancé(e) visa holder to enter into the U.S. and await the availability of an immigrant visa.

To qualify for K2 visa, you must be:

1. Less than 21 years old
2. The unmarried child of a K-1 applicant
3. Seeking to immigrate to the U.S.

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.

On K-2 visa, you may not:

1. Change to any other nonimmigrant status
2. Enter into the U.S. if you have been temporarily barred for previous violation of the U.S. immigration laws

Children of K-1 may stay in the U.S. on K-2 visa for a maximum period of 90 days from the date of entry. If your K-1 parent visa holder and U.S. citizen do not marry within 90 days, you must depart the U.S. within 30 days.

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.

Yes, the USCIS may grant you permission to take up employment in the U.S. on K-2 visa.

To obtain Employment Authorization you will need to file Form I-765, application for employment authorization, with the USCIS Service Center which covers your place of residence in the U.S after your arrival there.

Note: The EAD can only be issued for the validity of the K-2 visa, 90 days. It is currently taking USCIS 90 days or longer to process the I-765

The documents required for K-2 visa are:

1. Valid passport
2. Form DS-160, Nonimmigrant Visa Application, completed online, with recent color photograph with a white background. (photo must be electronically uploaded to DS-160)
3. Copy of your official birth certificate issued by the Registrar of Births
4. Completed Form I-134, Affidavit of Support, and supporting documents from your sponsor
5. Complete medical examination report from one of the Embassy’s panel physicians
6. Bank draft for visa fee

In general, a separate passport is not required if you are below the age of 16. If the Consulate requires you to have a passport, it will be listed on the checklist.

Generally an interview is required at the American Consulate. Some consulates do not require you to attend if you are below the age of 14. Some consulates require you to attend even if you are not going to move to the U.S. with your K-1 parent immediately, but will follow later.

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 after your K-1 parent visa holder and U.S. citizen are married.

If you were granted achieved permanent resident status at the same time as your K-1 parent, or within 90 days afterwards, then your K-1 parent may file a joint Form I-751, Petition to Remove the Conditions of Residence, and include you. This much be filed in the 90 days before the second anniversary of when your permanent residence was granted.

If you came to the U.S. on a K-2 visa, you may apply for citizenship five years after the approval of Adjustment of Status.

Note: However, depending on your age when your K-1 parent married the U.S. citizen, and your age when he or she becomes a naturalized citizen, you may be granted citizenship automatically.

If you do not have a Social Security Number, you may alternatively obtain an ITIN (Individual Taxpayer Identification Number) which may be used for school purposes, opening up a bank account, or for filing income tax returns.