Answer:

Bringing your children to the U.S. on a K-2 visa involves several specific steps and requirements. The K-2 visa allows the unmarried children under 21 of a K-1 visa holder (fiancé(e) of a U.S. citizen) to enter the United States. Here’s a comprehensive guide to help you through the process:

**1. Eligibility Requirements:

• Parent’s K-1 Visa: The parent must have a valid K-1 visa and must marry the U.S. citizen petitioner within 90 days of entering the U.S.
• Unmarried and Under 21: The child must be unmarried and under 21 years of age at the time of entry into the U.S.
• Petition Filing: The U.S. citizen petitioner must include the children in the initial Form I-129F petition for the K-1 visa.

**2. Filing the Petition:

• Form I-129F: When the U.S. citizen files Form I-129F, Petition for Alien Fiancé(e), they must list the names of their fiancé(e)’s children who will be applying for K-2 visas.
• Supporting Documents: Include proof of the relationship between the parent and the child, such as birth certificates and evidence of the petitioner’s U.S. citizenship.

**3. Consular Processing:

• National Visa Center (NVC): Once the Form I-129F is approved, the NVC will forward the case to the U.S. embassy or consulate where the child will apply for the K-2 visa.
• Interview Preparation: The child will need to attend an interview at the U.S. embassy or consulate. Prepare by gathering necessary documents, such as a valid passport, birth certificate, and medical examination results.

**4. Visa Issuance:

• Medical Examination: The child must undergo a medical examination by an approved physician.
• Interview: During the visa interview, consular officers will verify the eligibility and completeness of the application. It’s essential to provide all required documentation and answer questions truthfully.

**5. Entering the U.S.:

• Accompanying Parent: The child can enter the U.S. with the parent on the K-1 visa or within one year of the parent’s entry.
• Marriage Requirement: The U.S. citizen petitioner and the K-1 visa holder must marry within 90 days of the K-1 visa holder’s entry for the K-2 visa to remain valid.

**6. Adjustment of Status:

• Form I-485: After the marriage, the K-1 visa holder and K-2 visa holder(s) must file Form I-485, Application to Register Permanent Residence or Adjust Status, to become lawful permanent residents (green card holders).
• Supporting Documents: Include proof of marriage, proof of relationship to the child, and any other required documentation.

For a detailed step-by-step guide and expert advice on bringing your children to the U.S. on a K-2 visa, visit our comprehensive article here: Bringing Your Children to the U.S. on a K-2 Visa: A Comprehensive Guide. Ensure you meet all requirements and smoothly navigate the immigration process to reunite your family in the United States!

Gain further understanding by visiting this link: https://criminalimmigrationlawyer.com/2024/09/02/understanding-the-interplay-between-writ-of-mandamus-and-habeas-corpus-in-immigration-law/

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