K2 Visa for Children of US Fiancées
What is a K2 visa?
A K2 visa allows children of a K1 fiancée visa holder or applicant to enter the US accompanying their K1 visa parent. Similar to a K1 visa, a K2 visa is a non-immigrant visa that can be “upgraded” to immigrant status based on marriage to the US citizen who petitioned for the original K1 visa.
Do I need to request a K2 visa for children or can they stay in Thailand?
Although K1 visa petitions and applicants are required to list the names of their on their I-129F petition, the couple is not required to request K2 visas for their children. Applying for a K2 visa is optional and not all couples decided to do so. Sometimes the children of a K1 visa applicant remain in Thailand or other home country and do not immigrate to the US. This is often the case for older children who are already involved in a career or studying in Thailand.
What if the child’s other parent who is not requesting a visa does not approve of the K1 visa parent taking their children to the US?
Both lawful parents must consent to the K2 visa. When the other parent (non-visa applicant) objects to a K2 child traveling to the US with their K1 visa parent, this may prevent issuance of the K2 visa. The K1 parent is required to provide evidence that he or she has sole legal custody of the child. If that’s not possible, then other evidence that affirms the child’s right to travel out of the country is required. For example, a death certificate of the other parent may suffice as evidence.
Are there any restrictions on what type of child may obtain a K2 visa?
A K2 visa seeking child must be under 21 years of age and be unmarried. Other conditions, as applicable to the K1 visa applicant parent may also be relevant to the child. For example, some criminal convictions can bar immigration options.
How does a K2 visa holder obtain a green card?
Once a K1 visa holder marries the US citizen petitioner, and provided other conditions are met, the K2 holding children along with their K1 parent will be able to petition the government for legal permanent residence in the US, as they are now immediate relatives to an American citizen. This process is called “Adjustment of Status”.
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