1. Introduction to the K-2 Visa
The K-2 visa is a non-immigrant visa that allows unmarried children (under 21) of K-1 visa holders to enter the United States with their parent, who is the fiancé of a U.S. citizen. This visa is designed to keep families together as they transition to the U.S., allowing the child to adjust status to become a lawful permanent resident (green card holder) after the K-1 parent’s marriage to the U.S. citizen sponsor.
2. Eligibility Requirements for the K-2 Visa
To qualify for a K-2 visa, children must meet specific criteria:
- Parent with a K-1 Visa: The K-2 applicant’s parent must be applying for or have obtained a K-1 fiancé visa.
- Unmarried and Under 21: The K-2 applicant must be unmarried and under 21 years old at the time of application.
- Intended Residence in the U.S.: The child must intend to reside with the K-1 parent in the U.S. after their parent marries the U.S. citizen sponsor.
These requirements ensure that the K-2 visa is only available to qualifying dependents of K-1 visa holders.
3. Required Documents for a K-2 Visa Application
To apply for a K-2 visa, applicants need several key documents, which are submitted with the K-1 parent’s application or separately if necessary:
- Valid Passport: The child’s passport, valid for at least six months beyond the intended U.S. entry date.
- Birth Certificate: A certified copy of the applicant’s birth certificate showing the relationship to the K-1 parent.
- Visa Application Form DS-160: Completed online, with a confirmation page printed for the interview.
- Form I-134 (Affidavit of Support): Proof of financial support from the U.S. citizen sponsor to demonstrate sufficient funds to support the child.
- Two Passport Photos: Recent passport-sized photos that meet U.S. visa standards.
- Medical Examination Results: Conducted by an embassy-approved physician and submitted before or at the visa interview.
- Police Clearance Certificates: Required if the child is over 16, covering all places of residence for more than six months.
These documents verify the applicant’s eligibility and relationship with the K-1 visa-holding parent.
4. Application Process for the K-2 Visa
The K-2 visa application process typically follows these steps:
- K-1 Parent’s Petition Approval: The U.S. citizen files Form I-129F, Petition for Alien Fiancé(e), with USCIS, which includes the K-2 child.
- Complete DS-160 Form: Complete and submit the DS-160 form online for the child, which is required for the visa interview.
- Schedule Visa Interview: The U.S. embassy or consulate will notify you to schedule the K-2 visa interview.
- Attend the Medical Examination: An embassy-approved physician must conduct the exam before the interview.
- Attend Visa Interview: The child and the K-1 parent attend the interview, bringing all required documentation.
- Receive Visa Decision: If approved, the K-2 visa is stamped into the child’s passport, permitting U.S. entry.
Completing each step accurately helps ensure a smooth application process and timely decision.
5. Medical Examination Requirements for the K-2 Visa
The medical examination is a mandatory step in the K-2 visa application process. Here’s what it entails:
- Approved Physicians Only: Exams must be conducted by an embassy-approved physician.
- Tests and Immunizations: Includes basic physical exams, chest X-rays, blood tests, and vaccinations as per CDC requirements.
- Medical Results Submission: Results are generally submitted directly to the embassy by the physician or brought to the visa interview.
These examinations ensure that applicants meet health requirements before entering the United States.
6. Financial Support Requirements (Form I-134)
The U.S. citizen sponsor must file Form I-134, Affidavit of Support, to show that they have sufficient funds to support the K-2 child in the U.S. This proof of financial support helps ensure that the child will not rely on public assistance.
Requirements Include:
- Proof of Income: Tax returns, recent pay stubs, and/or a letter from the employer.
- Bank Statements: Recent bank statements showing available funds.
- Sponsor’s Financial Obligation: Evidence that the U.S. citizen can meet the financial needs of both the K-1 parent and K-2 child.
These documents demonstrate that the sponsor has the financial means to support the child’s needs in the U.S.
7. Attending the K-2 Visa Interview
The visa interview is an essential part of the K-2 application process and involves:
- Confirming Identity and Relationship: Officers may ask questions to verify the child’s identity and relationship to the K-1 visa holder.
- Presenting Documents: The applicant presents documents such as birth certificates, financial evidence, and medical exam results.
- Approval or Further Action: After the interview, applicants are informed of their visa status, which could be approved, pending, or denied based on eligibility.
The K-1 parent and K-2 child often attend the interview together, ensuring that both applications are processed in alignment.
8. Entry to the U.S. and Next Steps
Once the K-2 visa is approved, the child is permitted to enter the U.S. and can remain while the K-1 parent marries the U.S. citizen sponsor:
- Marriage Within 90 Days: The K-1 parent must marry the U.S. citizen sponsor within 90 days of arrival.
- Adjustment of Status: After marriage, the K-1 parent and K-2 child can apply for adjustment of status to become lawful permanent residents (green card holders).
This transition allows the K-2 child to live permanently in the U.S. alongside the K-1 parent.
9. Frequently Asked Questions (FAQs)
Q1: How long is the K-2 visa valid for?
A: The K-2 visa is valid until the K-1 parent marries the U.S. citizen sponsor and the child adjusts status to permanent residency.
Q2: Can a K-2 visa holder attend school in the U.S.?
A: Yes, K-2 visa holders can enroll in school and participate in educational programs while awaiting status adjustment.
Q3: What happens if the K-1 parent doesn’t marry within 90 days?
A: If the K-1 parent does not marry the U.S. citizen sponsor within 90 days, both the K-1 parent and K-2 child must leave the U.S.
Q4: Can the K-2 child work in the U.S. on this visa?
A: No, K-2 visa holders cannot work. However, once the child’s status is adjusted, they may apply for a work permit.
Q5: Is there an age limit for applying for the K-2 visa?
A: Yes, the child must be under 21 years old and unmarried at the time of application.
Q6: How long does the K-2 visa process take?
A: The process typically takes several months, aligning with the processing time of the K-1 visa.