K2 visa is for children of K1 fiancee visa holder. K2 visa is a non-immigrant visa that allows the children of a K1 fiancee visa holder to enter the United States and wait to get an immigrant visa.
To qualify for a K2 visa, an applicant needs to be:
- less than 21 years old
- unmarried child of a K1 visa applicant
- seeking to immigrate to the US
On filling out the Form I-129F Petition for Alien Fiancee, the US citizen sponsor needs to include the names of the fiance’s children. Separate visa applications must be submitted for each K2 visa applicant, and each applicant must pay the K2 visa application fee.
On K2 visa, you may:
- Reside in the U.S. with your family while waiting for the marriage of your K1 parent
- Apply for Employment Authorization, using USCIS Form I-765, Application for Employment Authorization
- Study in the U.S.
- Apply for permanent residence once your parent and his or her U.S. Citizen fiancee marry.
On K2 visa, you may not:
- Change to any other non- immigrant status
- Enter into the U.S. if you have been temporarily barred for previous violation of the U.S. immigration laws
K2 visa holders cannot apply for an extension of stay on their visa. If their K1 visa parent does not marry the U.S. citizen within 90 days of the K2 visa holder coming to the U.S., they are required to leave the country
On Adjustment of status:
K2 visa holder may apply for Adjustment of Status after the K1 visa holder parent and the US citizen are married. After the K1 visa parent and US citizen ‘s marriage, the children will need to file separately for adjustment of status.
Working in the US:
K2 visa holders can work in the US provided that they will get permission from USCIS to start working in the country. Employment Authorization needs to be filed (Form I-765) at the USCIS service center which covers the place of residence of the K2 visa holder in the US.
Studying in the US:
K2 visa holders are allowed to study in the US.
Traveling Outside of the US:
The K2 visa holder cannot travel outside US until he applied for Adjustment of status. The reason for this is because the K2 visa is a single entry visa. Once the child applied for Adjustment of status, he needs to get Advance Parole. Advance Parole is a permission granted to qualified foreign nationals to allow them to re-enter the United States after temporarily traveling abroad.
When can the children travel to US?
Your children may travel with the K1 visa holder parent to the United States or travel later (follow-to-join). The children must travel within the validity of their K2 visa. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K1 visa. If they want to travel later than one year from the date your K1 visa was issued, they will not be eligible to receive K2 visas, and separate immigrant visa petitions will be required. If your child has a valid K2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K2 visa.
When can I apply for U.S. citizenship if I entered the country on K-2 visa?
If you came to the US. on a K2 visa, you may apply for citizenship five years after the approval of Adjustment of Status.
Please note however, that depending on your age when your K1 parent married the US citizen, and your age when he or she becomes a naturalized citizen, you may be granted citizenship automatically.
See also K2 and K4 US Visa from Siam Legal International.