The K-2 visa is a derivative visa that allows the unmarried children under 21 years of age of a foreign fiancé(e) to enter the United States. The primary purpose of the K-2 visa is to allow the children to accompany or follow their parent who is entering the U.S. on a K-1 fiancé(e) visa.
To be eligible for a K-2 visa, the following criteria generally apply:
- Relationship to the K-1 Visa Applicant: The child must be the unmarried child under 21 years of age of the K-1 visa applicant (the foreign fiancé(e)).
- Filing Process: The U.S. citizen petitioner (the sponsor) must file a separate Form I-129F, Petition for Alien Fiancé(e), for each K-2 visa applicant, including the names and details of the eligible children.
- Consular Processing: Once the K-1 visa is approved and the fiancé(e) enters the U.S., the eligible children can apply for K-2 visas at the U.S. consulate in the country where the marriage took place.
- Age Requirement: The child must be under 21 years of age at the time of filing the K-2 visa application.
It’s important to note that the K-2 visa application process should be completed within one year from the date of the issuance of the K-1 visa to the primary applicant. Failure to do so may result in the inability of the K-2 visa applicants to join their parent in the United States.
What immigration forms must be filed with a K-2 visa application?
When applying for a K-2 visa, several immigration forms need to be filed. The process involves both the U.S. citizen petitioner (sponsor) and the eligible child of the K-1 visa applicant. Here are the key forms involved:
- Form I-129F, Petition for Alien Fiancé(e): The U.S. citizen petitioner (sponsor) must file this form to petition for a K-1 visa for the foreign fiancé(e). This form is also used to include the names and details of the eligible children (K-2 visa applicants).
- Form DS-160, Online Nonimmigrant Visa Application: Each K-2 visa applicant (eligible child) must complete this form online. The DS-160 is the application form for a U.S. visa, and it gathers information about the applicant’s background, intended stay in the U.S., and other relevant details.
- Form DS-156, Nonimmigrant Visa Application (if applicable): Some U.S. consulates may require the completion of this form, especially for male applicants between the ages of 16 and 45. Check with the specific U.S. consulate for their requirements.
- Form DS-157, Supplemental Nonimmigrant Visa Application (if applicable): Similar to the DS-156, this form may be required by certain consulates for additional information, especially for male applicants between 16 and 45 years old. Again, consulate-specific requirements should be checked.
- Form DS-158, Contact Information and Work History for Nonimmigrant Visa Applicant (if applicable): This form may be required for certain consulates to gather additional information about the applicant’s background and work history. Check with the specific consulate for their requirements.
Additionally, the K-2 visa applicants will need to undergo a medical examination and provide documentation such as a valid passport, photographs, and other supporting documents.
K-2 visa checklist of documents
When applying for a K-2 visa, it’s essential to provide a complete and accurate set of documents to support the application. Here is a general checklist of documents for K-2 visa applicants:
For the U.S. Citizen Petitioner (Sponsor):
- Form I-129F, Petition for Alien Fiancé(e):
- Complete and signed by the U.S. citizen petitioner.
- Include details about the eligible child (K-2 visa applicant) in the appropriate section.
- Proof of U.S. Citizenship:
- Copy of the U.S. citizen petitioner’s passport, birth certificate, or Certificate of Naturalization.
- Proof of Relationship with the K-1 Visa Applicant:
- Evidence of the relationship between the U.S. citizen petitioner and the K-1 visa applicant, such as photographs, letters, or other supporting documents.
- Financial Documents:
- Evidence of the U.S. citizen petitioner’s ability to financially support the K-2 visa applicants. This may include recent tax returns, pay stubs, or a letter from an employer.
- Intent to Marry:
- Statement of intent to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.
For Each K-2 Visa Applicant:
- Form DS-160, Online Nonimmigrant Visa Application:
- Completed and printed confirmation page for each K-2 visa applicant.
- Valid passport for each K-2 visa applicant.
- Passport-sized photographs of each K-2 visa applicant, following the U.S. visa photo requirements.
- Birth Certificate:
- Original or certified copy of the birth certificate for each K-2 visa applicant.
- Medical Examination:
- Proof of completed medical examination by an approved panel physician. This typically includes Form DS-3025, Vaccination Documentation Worksheet.
- Police Clearance:
- Police clearance or criminal record certificates from the countries where each K-2 visa applicant has lived for six months or more since turning 16.
- Consular Processing Fee:
- Payment receipt for the nonimmigrant visa application processing fee (consult the specific U.S. consulate for payment instructions).
- DS-156, DS-157, DS-158 (if applicable):
- Completed and signed forms, if required by the U.S. consulate.