Immigration
Attorneys
When a person is coming to the United States to marry a citizen, they are required to obtain a K1 visa, also known as a fiance visa. However, if that individual has a child they wish to bring to the country as well, they are required to have their own visa known as a K2 visa. Continue reading below to learn more and contact an experienced immigration attorney for guidance.
Eligibility for a K2 visa requires the applicant to be the child of a K1 visa holder, under the age of 21 and unmarried. One of their parents should be a United States citizen who is looking to marry a foreign individual with a K1 visa. 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.
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.