Immigration & Criminal Defense Attorneys


Visas for the Children of Immigrant Fiances

The United States immigration legal system provides a special type of visa that enables qualifying children of K-1 nonimmigrant visa holders to accompany or join their parents in this country. The K-1 visa is for foreign nationals who are planning to come to the U.S. for the purpose of marrying a citizen here within 90 days of arrival. Similarly, the K-2 visa is intended for the foreign national’s child or children to also travel to this country. In order to be eligible for a K-2 visa, the child must not be married, and under most circumstances must also be under the age of 21 years. There are, however, exceptions to this restriction, as provided for by the Child Status Protection Act of 2002 (CSPA).

K-2 Visa Application Process

The K-2 is a separate visa, so the child cannot accompany the parent on his or her K-1 visa. Instead, it is necessary to submit separate applications for each child. Only one Form I-129F, Petition for Alien Fiance, however, is required for the entire family. The form must include the names of all applicants, and additional children cannot be added to it after the petition has been approved. Children who are not included on the Form I-129F may in the future apply for family-based immigration visas in the family-preference or immediate-relative categories after the parent has become a lawful permanent resident or citizen.

Speak with a Salt Lake City Immigration Lawyer

A K-2 visa holder cannot precede the parent to this country, but must either accompany or follow the K-1 visa holder. If the K-2 holder does not accompany the parent, he or she must arrive in the U.S. within one year before the visa expires. After the K-1 holder has married the U.S. citizen, the K-2 holder may then apply for adjustment of status in order to obtain a green card and become a lawful permanent resident. To learn more about the process and get started on the petition, contact us now at Keen Law Offices, LLC to speak with a Salt Lake City immigration lawyer from our team.