The K2 non-immigrant visa allows the children of the
K1 fiancé(e) visa holder to enter the U.S. and
latter makes provision for the child (K2 visa holder)
to obtain immigrant status. To qualify for the K2 visa,
the children must be unmarried, under the age of 21
and willing to immigrate to the U.S. Initially, the
children of K1 visa holders may reside in the U.S. for
a maximum period of 90 days from the date of entry.
If the child’s parent or K1 visa holder and U.S.
citizen do not marry within 90 days, then the child
or K2 visa holder must depart the U.S. within 30 days.
As a K2 visa holder, the child is allowed to study
in the United States. Further, s/he is also permitted
to work in the U.S. on receiving Employment Authorization
approval from the USCIS using Form I-765. Although the
K2 visa provides various advantages, there are few limitations.
On a K2 visa, the holder is not allowed change to any
other non-immigrant status. Further, K2 holder cannot
enter into the U.S. if s/he has been temporarily barred
for previous violation of the U.S. immigration laws.
Documentary requirements for a K2 visa are similar
to those for a K1 visa. The US citizen fiancé(e)
need not file a K2 petition separately, instead s/he
can file it along with the K1 petition. Hence, the unmarried
children of the K1 fiancé(e) who are below 21
years must be listed in the USCIS Form I-129F i.e. petition
for Alien Fiancé(e) by the petitioner. Once the
petition is approved by the USCIS, it will be forwarded
to the concerned American Consulate of the Alien Fiancé(e),
which in turn will notify the approval, provide necessary
forms & instructions and schedule a visa interview
for the visa applicant.
Checklist
For K2 Visa (PDF)
Disclaimer
" Any information on this website should
not be construed as legal advice for any individual
case or situation. The information is intended to be
general and should not be relied upon as being specific".
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