Practicing Exclusively Immigration Law
in Palm Beach County, FL
K-2 Visa
A K-2 visa is used to admit children of a K-1 visa holder, who are under the age of 21, to the United States.
If your fiancé has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. You must include the names of your fiancé’s children on the Form I-129F if you wish to bring them to the United States. The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants. They may travel with your fiancé or later, but they cannot travel to the U.S. before your fiancé.
If you and your fiancé married within 90 days of your fiancé’s admission into the U.S., your fiancé’s children who were admitted as K-2 nonimmigrants may also apply for a Green Card by filing Form I-485 with USCIS. However, K-2 nonimmigrant children must remain unmarried in order to be eligible for a Green Card. K-2 nonimmigrant children should apply for a Green Card at the same time or after your fiancé.
Contact us to discuss your situation and see if the K-2 visa is appropriate to your needs.