The K-2 visa goes hand in hand with the K-1 visa in that the K-2 visa allows certain eligible children to come to the United States with their parents together. Both K-1 and K-2 visas are NOT permanent and the applicant has to apply for adjustment of the status with the US Department of Homeland Security (DHS) so they can become permanent citizens of the United States.

What are the benefits of the K-1 and K-2 Visa?

Obtaining both K-1 and K-2 visas opens a plethora of opportunities that can provide a great future for immigrant parents and children in the United States. Both the K-1 and K-2 visa holders can apply for work documents and receive an EAD (work permit). A K-2 visa holder can also attend schools and universities in the U.S.

How Do You Qualify For a K-1 Visa?

First, the couple must prove that they have known each other for at least two years. In able to get around this requirement, if your religion or traditions do not allow a couple to meet in person before marriage. As soon as the K-1 visa holder gets to the United States, they have to get married within 90 days. The US citizen must be able to provide proof of citizenship. In addition, both people have to be of legal age to get married, they have to have a legal divorce decree with a past spouse or annulment of the marriage. If the spouse passed away, they will require a death certificate.

How Much is the K-1 Visa?

First, the government’s required fee for Form I-129F is $535. The fee may pay with a money order, personal check, or cashier’s check. If you are filing at a USCIS lockbox facility, you can pay by credit card using Form G-1450, which is a form that authorizes credit card transactions. If paying by check, make the check payable to the U.S. Department of Homeland Security.

Once Form I-129F is approved, the engaged partner of the U.S. citizen is required to do a medical exam. The cost for the exam varies by provider, but $200 is pretty typical.

Finally, the fee for the actual K-1 visa application is $265. This fee is usually paid at the interview. It’s important to review specific instructions regarding time and place of payment, included in the embassy’s interview notice, which can vary by home country.

These fees do not reflect additional costs, such as translating, copying your documents, and obtaining required documents such as your birth certificate.

Who qualifies for a K-2 Visa?

Children who are over the age of 21 and who are not married legally are eligible for the K-2 Visa. It is not required that the children are biological children. The child may be adopted, biologically, or legally born in the United States. For example, a man that is a US citizen recently married his wife who has the K-1 visa program with her son and he has a K-2 visa that is issued to children with foreign spouses.

How much is a K-2 visa?

The overall fee structure for a K-2 visa can be broken down into three segments: Form I-129 filing fee, biometric charges, and embassy fee. Listed below are the current charges for each of the three categories:

  • I-129 F Filling Fee – $535
  • Biometrics Fee – $85 (where applicable)
  • Embassy Fee – $265

One important thing to note is that the Embassy fee can vary from one country to another. Citizens of a select number of countries are exempted from paying this fee. It is in your best interest to get in touch with the U.S. Embassy in your home country to find out the exact amount of the fee that needs to be paid.

Also, the applicant is not mandated to make a payment online. The fee for the visa is usually collected by the cashier at the United States Embassy or Consulate on the day that you go in for the interview.

K-1 Visa Application Process

First, to file for the K-1 Visa, you must file Form I-129F. It is a petition for an alien fiancé with the USCIS.  The form must be filed by the United States citizen who is acting sponsor for their fiancé. Approval of this process can take anywhere from 5 to 7 months. Once completed, a case number will be assigned and the petition will be sent to the U.S. Embassy or Consulate where the fiancé lives. An interview at the Embassy/Consulate will be required. During the interview, the fiance needs to prove three things:

This process can take 1-3 months. Before the interview, the fiance has to bring their Form DS-160, a valid passport for traveling, a divorce decree or death certificate from their previous spouse, police certificates, a medical exam, evidence of financial support, evidence of a real relationship, and payment of the fees. If the petition is approved, the Visa will be mailed out and received within 2-10 days of approval. 6 months from the issue date, the fiancé must apply for a single admission at a U.S. port-of-entry that is valid within the visa.

Finally, the fee for the actual K-1 visa application is $265. This fee is usually paid at the interview. It’s important to review specific instructions regarding time and place of payment, included in the embassy’s interview notice, which can vary by home country.

These fees do not reflect additional costs, such as translating, copying your documents, and obtaining required documents such as your birth certificate.

K-2 Visa Application process

The U.S. citizen of the couple is the person who needs to initiate the application proves. When they submit the K-1 application, any children must be included to get a K-1 visa. The next step would be to complete a Form for the children to complete. If the child is not old enough to complete the application on their own, the fiancé can fill it out for them. The children cannot be over the age of 212 or be married. They also will need to attend the fiance’s interview at the embassy or consulate and should be able to answer a few simple questions.

How Long Does a K2 Visa Last?

A K-2 visa holder can be in the U.S. as a non-immigrant for a max of 90 days. If the U.S. parent and the alien fiancé do not get married within the 90-day time frame, then the person holding the K-2 visa must go back to their country within another 30 days. To summarize, the K-2 visa is valid for 120 days if the applicant cannot file a petition for permanent resident status once their parents have been officially married.

Can K2 Visa Status be extended?

No, the K2 visa is non-extendable. Also, you are not allowed to change to another non-immigrant visa status while on a K2 visa. If the parental marriage doesn’t occur within 90 days of the applicant’s admission to the USA, then you are required to leave the United States territory.

If, at any time, you are unsure if you meet the eligibility requirements, speak to an experienced immigration attorney. MC Law Group has the expertise to guide you through the process of obtaining K-1 and K-2 visas. Call (702) 258-1093 to schedule a consultation today.