When foreigners receive a K-1 fiancé(e) visa to come to the U.S. and get married, their children may be eligible to follow them to the United States on a K-2 visa. But in order to qualify for a K-2 visa, the child must be (1) under 21 years old, and (2) unmarried. Eventually, K-2 visa holders may be able to get a green card.
Below our Las Vegas K-2 visa attorneys answer frequently-asked-questions about immigrating a child of a foreign fiancé(e) to Nevada. Click on a topic to go directly to that section.
- 1. Is my kid eligible for a K-2 visa in Las Vegas, NV?
- 2. How long is the K-2 application process?
- 3. What is the fee for a K-2 visa?
A child may be eligible for a K-2 visa if:
- the child is the son or daughter of a K-1 visa applicant (this can include step-kids and adopted kids);
- the child is less than 21 years old and unmarried;
- the child has no drug addictions;
- the child has no criminal record or U.S. immigration violations; and
- the U.S. citizen sponsoring the K-1 visa applicant and his/her child(ren) can financially support them
The process for applying for a K-2 visa is virtually identical to that of applying for a K-1 visa in Nevada. First, the sponsoring fiancé(e) submits an I-129f form to the United States Citizenship and Immigration and Services (USCIS). And if that goes through, the National Visa Center informs the foreign fiancé(e) that they may formally apply for K-1 and K-2 visas. Whether the child has to attend the visa interview depends on the rules of U.S. consulate conducting the interview.
Note that foreign children of same-sex couples are treated the same as children as opposite-sex couples. See our article on same-sex spousal and fiancé(e) immigration visa laws.
The USCIS takes about a six-month time frame to process K-2 visas. Once the child enters the U.S. with his/her parent, he/she has up to 90 days to adjust status to become a legal permanent resident (assuming the child’s parent ended up marrying his/her fiancé(e)).
Note that children with K-2 visas do not have to arrive in the U.S. at the same time as his/her parent with a K-1 visa. K-2 visa holders usually have a year to travel to the U.S. before the visa expires.
Also note that if the child of the foreign fiancé(e) is older than 21, he/she is ineligible for a K-2 visa. Instead, he/she may have to wait until his/her parent secures a green card. At that point, the parent can file an I-130 form for the adult child to become a legal permanent resident of the United States. However, this process (called “petition for alien relative”) may take longer than the K-2 visa process.
Currently, the price of a K-2 visa is around $265, but there may be additional expenses for the child’s medical exam. The K-2 visa fees are paid at the same time as the K-1 visa fees.
Call a Nevada immigration attorney…
If you or a loved one is seeking to immigrate with kids to Nevada on a K-1 fiancé(e) visa and a K-2 “child of fiancé(e)” visa, call our Las Vegas immigration attorneys for a consultation.