Immigration
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If you are not a U.S. citizen, and you are going to marry someone who is, you may be able to obtain a K1 visa. This visa is also known as a “fiancé visa.” A K1 visa will allow you to enter the country, but what if you have children? Your children may be able to enter with a K2 visa. Read on to learn more about how to acquire a K2 visa and what the process entails.
Eligibility for a K2 visa requires the applicant be the child of a K1 visa holder, under the age of 21, and unmarried. Due to the fact that a K2 visa does not give the applicant immigrant status, the child is required to file an application to register permanent residence to change their status after their parents are married.
A K2 visa is a derivative visa that is granted through their parent’s K1 fiance visa petition. This requires the child’s name to be on the parent’s petition. The applicant must also provide the following documentation for a K2 visa:
To receive a K2 visa, the applicant must appear for an interview at the US Consulate or Embassy. After the Petition for Alien Fiance is approved by the USCIS, it is sent to the National Visa Center (NVC). It is then sent to the US Embassy or Consulate where the applicant lives. Once the Embassy or Consulate approves the Petition for Alien Fiance, they send instructions to the applicant regarding the scheduling of their interview.
A K2 visa holder is permitted to stay in the United States as a non-immigrant for 90 days. If the marriage between their parents does not take place within this period of time, the visa holder is required to leave the country within another 30 days. In total, the validity of a K2 visa is 120 days and cannot be extended.
If you are interested in obtaining a K1 or K2 visa, contact our firm to discuss your options with an experienced and knowledgeable immigration attorney.
Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.