K-2 Visa for Children of K-1 Visa Holders

1. What are the eligibility requirements for a K-2 visa?


In order to be eligible for a K-2 visa, an applicant must be:

• The unmarried child of the K-1 visa holder (under 21 years of age)
• Seeking to enter the United States in order to accompany or join the K-1 parent for the purpose of marriage
• Must meet all the other visa requirements such as having a valid passport, being admissible to U.S. and not inadmissible on criminal or security grounds.

2. How long is the K-2 visa valid for?


The K-2 visa is generally valid for up to four months. However, extensions may be granted in certain cases.

3. What documents should be included in the K-2 visa application packet?


The K-2 visa application packet should include the following documents:

1. Form DS-160 (Nonimmigrant Visa Application)

2. A passport valid for travel to the United States with a validity date at least six months beyond the applicant’s intended period of stay in the United States (unless country-specific agreements provide exemptions).

3. Two (2) photographs meeting the requirements of the Department of State.

4. Proof of relationship to a K-1 nonimmigrant, such as a birth certificate, marriage certificate, or documentation showing legal custody or guardianship.

5. A copy of the K-1 visa holder’s approval notice from U.S. Citizenship and Immigration Services (USCIS).

6. Evidence that the applicant is able to pay all costs of the trip and support himself or herself in the United States, such as bank statements or a sworn affidavit of support from the K-1 principal alien’s U.S. citizen or permanent resident spouse.

7. A police certificate from any country where the applicant has resided for six months or more since reaching the age of 16.

4. What are the restrictions placed on a K-2 visa holder?


A K-2 visa holder must remain in the U.S. with their parent or legal guardian, who holds a K-1 visa. They cannot accept employment, travel outside of the U.S., or change their legal immigration status. The K-2 visa is only valid for 90 days, and the holder must take steps to adjust their status within that time period.

5. What is the maximum age a child can be to qualify for a K-2 visa?


A child must be under the age of 21 to qualify for a K-2 visa.

6. Are there any additional fees associated with obtaining a K-2 visa?


Yes, there are additional fees associated with obtaining a K-2 visa. These include the visa application fee, the SEVIS fee, and the visa issuance fee. Depending on the country you are applying from, there may also be additional fees for biometrics or other services.

7. Is it possible to extend a K-2 visa?


Yes, it is possible to extend a K-2 visa. The K-2 visa holder must file a Form I-539, Application to Extend/Change Nonimmigrant Status, before the expiration of the K-2 visa.

8. Do children of K-1 visa holders need to attend an interview for the K-2 visa?


Yes, children of K-1 visa holders do need to attend an in-person interview for the K-2 visa.

9. Can the child travel with the parent or guardian who holds a K-1 visa?


Yes, the child can travel with the parent or guardian who holds a K-1 visa. The child must have a valid visa in their passport and will need to apply for a K-2 visa, which will allow them to join the parent or guardian in the U.S.

10. Are there any special requirements for children of K-1 visa holders to enter the US?


Yes, children of K-1 visa holders must apply for a visa either through the US Department of State’s Visa Application Center or their local US Embassy or Consulate. The children must meet all requirements for the K-2 visa, which includes proof of relationship to the K-1 visa holder, evidence of financial support, and evidence of a valid passport.

11. Can the child of a K-1 visa holder apply for a green card while in the US?


Yes. A child of a K-1 visa holder can apply for a green card (lawful permanent residency) while in the United States. For more information, please visit https://www.uscis.gov/green-card/green-card-for-fiance-k-1-visa-holders.

12. Can a child of a K-1 visa holder study in the US?


Yes, a child of a K-1 visa holder can study in the US. The child must apply for an F-1 student visa in order to be eligible to enroll in school.

13. Is it possible to change status from a K-2 visa to another type of visa while in the US?


Yes, it is possible to change status from a K-2 visa to another type of visa while in the US. Depending on the type of visa you wish to change to, you may need to file an adjustment of status application or a change of status application. Applicants should consult an experienced immigration attorney to determine the best course of action.

14. What documents will be required to change status from a K-2 visa to another type of visa while in the US?


In order to change your status to another type of visa while in the US, you will need to file an Application to Extend/Change Nonimmigrant Status, along with other documents such as proof of financial support, evidence of intent to depart the US upon completion of authorized stay, evidence of a valid and genuine relationship to a US citizen petitioner, and any applicable supporting documents. You may also require additional documents depending on the type of visa you are applying for.

15. Will the child of a K-1 visa holder be allowed to work in the US?


No, the child of a K-1 visa holder is not allowed to work in the US.

16. Is it possible for the parent or guardian of a child with a K-2 visa to bring other family members into the US?


Yes, it is possible for the parent or guardian of a child with a K-2 visa to bring other family members into the US. The other family members must meet the appropriate legal requirements and be eligible for their own visas.

17. Can a child of a K-1 visa holder receive medical care in the US?


Yes, a child of a K-1 visa holder can receive medical care in the United States. However, they may not be eligible for government-funded health insurance programs, such as Medicaid or Medicare, unless they have been granted a green card or become a US Citizen.

18. Is it possible to travel outside the US while holding a K-2 visa?


No, it is not possible to travel outside the US while holding a K-2 visa. The K-2 visa only allows travelers to enter the US and remain for a limited period of time. Once inside the US, the K-2 visa holder must apply for a change of status in order to remain in the US or to travel outside the US.

19. Is it necessary to obtain a new K-2 visa each time I plan on entering the US after traveling abroad?


No, it is not necessary to obtain a new K-2 visa each time you travel abroad. You can use the same K-2 visa for multiple entries into the United States within its validity period.

20. Are there any other requirements that must be met before applying for a K-2 visa?


Yes. In addition to meeting the requirements for a K-2 visa, applicants must also provide evidence of the following:

1. An approved I-129F form from USCIS.
2. A valid passport.
3. Evidence of a legally valid marriage between the US citizen and foreign national.
4. Financial documents proving the US citizen’s ability to support his or her family while in the US.
5. A valid medical exam from an authorized doctor.
6. A current police certificate for each applicant over the age of 16, from all countries where the applicant lived for more than six (6) months since the age of 16.
7. Evidence that the K-2 visa applicant will depart the US upon termination of their status, or upon reaching 21 years of age (whichever occurs first).