What are the requirements and process for bringing my children to the U.S. on a K-2 visa?

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:

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  • 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:

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  • 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:

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  • 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/

Don’t miss this related post that expands on the topic: https://criminalimmigrationlawyer.com/2024/09/02/tiempos-de-procesamiento-del-perdon-i-601-en-2024/

Q: What are the specific steps involved in the consular processing for a K-2 visa application?

A: The consular processing for a K-2 visa application involves several key steps. First, once the Form I-129F is approved, the National Visa Center forwards the case to the appropriate U.S. embassy or consulate. The child must then attend an interview, where they need to present necessary documents, including a valid passport and medical examination results. It is crucial to prepare thoroughly for this interview to ensure a smooth application process.

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