K-2 visas allow the children of foreign-national engaged couples (fiances and fiancees) to enter the US at the same time as their parents. The K-2 visa is a derivative visa, meaning it is connected to the primary visa, which is typically the K-1 visa issued to the foreign national fiance of a US citizen.
You can contact me, Boston immigration attorney Giselle M. Rodriguez, to discuss next steps on your K-2 visa, or read on to find out more.
When do you need a K-2 visa?
If you’ve applied for a K-1 visa, the K-2 visa allows your child(ren) to enter the US at the same time as you, or shortly after, depending on your plans and arrangements. Like K-1 visas, K-2 visas are nonimmigrant visas, meaning that they grant legal entry to the US, but not legal status in the US. The K-2 visa is simply intended to prevent the separation of parents and children during the 90-day marriage window permitted by the K-1 visa.
Once the immigrant half of the couple enters the US, they have 90 days to marry their US-citizen fiance, along with an additional 30-day grace period to leave the country. This 120 day window also applies to your child(ren)’s K-2 visa(s). K visas are not renewable or extendable, and if the marriage does not take place, both the fiance and child will no longer be permitted to reside in the US.
Once the fiance on the K-1 visa marries his or her US citizen spouse, both the immigrant half of the couple and the child(ren) are eligible to apply for permanent residency. This involves filing a permanent resident card (green card) application.
Requirements for a K-2 Visa
If you are the foreign-national fiance of a US citizen, your child(ren) may qualify for a K-2 visa. This visa permits their entry into the US at the same time, or shortly after, you enter the US on a K-1 visa. In order to qualify for a K-2 visa, your child(ren) must meet the following criteria:
- Your child must be unmarried.
- Your child must be under the age of 21.
- Your child must apply from outside of the US.
- Your child must not have any previous US immigration-related violations.
- You (the foreign national fiance) must meet all of the criteria to apply for a K-1 visa.
Children over the age of 21, or who are already married, no longer qualify as derivative beneficiaries of K visa petitions. If you believe your child does not meet the criteria to apply for a K-2 visa, but would like to explore options for getting them to the US, my office can also help. We are here to talk through all of your possible options.
Can children attend school or get work with a K-2 visa?
Children and young adults (under 21) who enter the US on a K-2 visa are permitted to attend school in the US. The K-2 visa does not grant work authorization for children who meet the age requirements to work in the US. Depending on the K-2 visa holder’s age, they may be allowed to apply for work authorization once they enter the US. K-visa holders cannot work in the US without authorization, and must apply for work authorization separately from their visa application.
Get help on our K-2 visa application and any others you need
Navigating the visa application process isn’t easy, but we are here to help. If you need assistance filing a K-2 application, which allows your fiance’s child to enter the US alongside them, reach out to my office.
I’ve assisted people from all across the country – most often here in Boston – achieve their immigration outcomes. If you are unsure if the K-visa application is right for you and your family, or you need assistance with the application process, you can contact my office today for a consultation.