Navigating the K2 Visa Process: A Comprehensive Guide by Andrew T. Thomas, Attorneys at Law

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Understanding the K2 Visa

You may have found love during your visit to the United States or met your US citizen partner in your home country. After another exciting turn of events, you are engaged to be married and ready to join your fiancé(e) in the US.

If you have children, you may wonder if you can bring them to the US to attend the wedding or live in the US with you and your fiancé(e). As a K1 fiancé(e) visa holder, traveling with your foreign citizen child is possible through a K2 visa.

This guide provides relevant information about the K2 visa, eligibility requirements, benefits, the K2 visa process, and how Andrew T. Thomas, Attorneys at Law, can help.

What Is a K2 Visa?

The K2 visa allows the unmarried children (under twenty-one) of K1 visa holders to accompany their parents to the US. However, it does not grant them immigration status. It is a derivative visa based on the K1 parents visa. A K2 visa holder can adjust their status and get a green card after their parent’s marriage to a US citizen.

Eligibility Requirements for K2 Visa

To apply for a K2 visa, you must meet the following requirements:

  • You are an unmarried child under twenty-one years of age;

  • Your parent is a K1 visa holder;

  • Your parent is engaged to a US citizen sponsor;

  • Your parent and their partner intend to abide by the conditions of the K1 visa, including getting married within ninety days of the K1 visa holder’s arrival in the United States;

  • Your parent and their partner have the full permission of the law to get married, meaning all previous marriages have legally been terminated.

Legal Considerations and Potential Challenges

K2 visas are only valid until the marriage of your K1 visa parent to their US citizen sponsor. If the K1 parent fails to marry within ninety days, they will be in unlawful status. This situation places anyone with a K2 visa under unlawful status as well.

If you have had previous immigration violations in the US, you may be ineligible for a K2 visa. At Andrew T. Thomas, Attorneys at Law, we know that such situations can arise, placing you in an unfavorable position with the US Citizenship and Immigration Services (USCIS). We can analyze your situation and advise you on your possible options. Our team can also help you apply for any available waivers.

The K2 Visa Application Process

Initial Petition and Documentation

The K2 visa process begins with filing a petition with the USCIS. Your US citizen sponsor should file Form I-129F (Petition for Alien Fiancé) with your name included as a child dependent on the petition.

The following documents should be included with the application:

  • A completed Form DS-160 (Online Nonimmigrant Visa Application)

  • Birth certificate

  • Death or Divorce certificates of previous spouses of K1 visa parent or US citizen sponsor

  • Proof of financial support from K1 visa sponsor

  • Medical examination results or certificate

  • Passport valid for at least six months after intended stay

  • Proof of payment of all the necessary fees

  • Two passport-style photographs (according to USCIS photo requirements)

This is a partial list; the consular officer may request other documents depending on your situation. You should also submit certified translations of any required documents not in English.

Visa Interview

Once the USCIS approves the Form I-129F petition filed by your US citizen parent, they will send it to the National Visa Center (NVC). The NVC sends the approved petition to your home country’s US Embassy or Consulate. The embassy will contact you by mail and provide instructions about your K2 visa interview. You can then schedule your interview at a convenient date on the embassy’s official website.

Timeline and Processing

The USCIS processing times for K2 visas differ based on the service center and their workload. You can see the current processing time for your K2 visa on the USCIS website here. Under certain circumstances, you can request an expedited adjudication of your immigration petition.

The Child Status Protection Act (CSPA) provides limited coverage for K visa applicants under twenty-one at the time of their admission into the US. It enables them to stay eligible for a green card. They can benefit from the coverage of the CSPA as long as their stepparent files Form I-130 (Petition for Alien Relative) before they turn twenty-one.

Rights and Benefits for K2 Visa Holders

K2 visas provide several benefits besides allowing children to live with their parents in the US. While you cannot change from your K2 visa status to another immigrant status, after your K1 fiancé(e) parent marries their US citizen fiancé(e), you may apply for permanent residence. As a green card holder, you may also eventually apply for citizenship.

You can also become a US college or university student under your K2 visa. Additionally, you may apply for a work permit authorizing you to work during your stay by submitting Form I-765 (Application for Employment Authorization).

Preparing for Your K2 Visa Interview

What to Bring to Your Interview

K2 visa interviews are an essential part of the K2 visa process. When attending your interview, you should ensure that you provide all the necessary supporting documentation requested or that will help obtain a favorable response from the USCIS.

Some documents you should bring to the interview include:

  • Proof of your relationship with the K1 visa applicant

  • A printed copy of the confirmation page of your Form DS-160 submitted online

  • Police certificates

  • Medical report

Common Interview Questions and How to Answer Them

During your K2 visa interview, the consular officer may ask questions about your parent’s relationship with their US citizen fiancé(e). The officer may also ask questions concerning your relationship with your parent.

Some common examples of questions include:

  • Have you met the person your father or mother intends to marry?

  • How did you meet them?

  • What do you know about this person?

Your answer allows a better understanding of what the K2 visa interview entails. Consulting an experienced immigration attorney can help you prepare for the interview.

The Role of Andrew T. Thomas, Attorneys at Law on Your K2 Visa Journey

Over the years, our lawyers have handled several K2 visa applications. We know what the process entails and how to avoid unnecessary mistakes that may affect USCIS’ decision on your application. We can assist you throughout the K2 visa process and ensure that all documents are submitted correctly the first time.

At Andrew T. Thomas, Attorneys at Law, we understand that applying for a K2 visa can be difficult and time-consuming when you have little or no knowledge of US immigration laws and terminologies. We are dedicated to providing our clients with adequate legal advice and support. We can guide you through the K2 visa process and assist you with obtaining permanent residence after your parent is married.

Choose Andrew T. Thomas, Attorneys at Law for Your K2 Visa Application

Navigating the US immigration system without knowledge of family-based immigration law can be frustrating. By properly completing your K2 visa application and preparing for your interview, you can improve your chances of joining your parent in the US.

At Andrew T. Thomas, Attorneys at Law, we are committed to guiding our clients through their immigration journey. We can help you better understand the requirements of your K2 visa and avoid common mistakes that may jeopardize your chances.

Contact us today for a personalized consultation and legal advice.