K-2 Child Dependent of Fiancé Visa Application | IAS (2023)

FAQs

How do I add my child to my fiancé visa? ›

If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. You must include the names of your fiancé(e)'s children on the Form I-129F if you wish to bring them to the United States.

As a U.S. citizen, you may petition to bring your: Fiancé(e) (K-1 visa) and their children (K-2 visa) to the U.S. so you may marry your fiancé(e); or. Spouse (K-3 visa) and their children (K-4 visa) to the U.S. to apply for lawful permanent resident status.

The cost for a K-1 visa can range from $1,000 to $5,000 including government fees, medical exam, and legal assistance.

One of the key requirements to qualify for the K-1 visa is that the foreign partner and U.S. sponsor must have met in person in the two years prior to the date of filing the Form I-129F (“Petition for Alien Fiancé(e)”).

They simply need to list their names on the petition for the foreign national parent. However, each child must file their visa application separately after USCIS approves the I-130 petition. Sometimes a child will be born, adopted, or otherwise added to the family after USCIS approves the I-130 petition.

To do this, first, complete one DS-160. On the “Thank You” page that follows the confirmation page, you'll see an option to create a family application. Remember, while this will automatically complete some parts of the DS-160 for each family member, everyone still needs their own individual DS-160.

You may petition for your stepchild by filing a Form I-130, Petition for Alien Relative, with USCIS on behalf of your stepchild. If your stepchild resides abroad, after USCIS approves your Form I-130, it will transfer your case to the National Visa Center to begin consular processing.

It usually takes around 4 to 6 months for the US Embassy to process K2 visa. The validity of a K2 visa is 90 days within which the applicant must file a petition for immigration (permanent resident status).

It's important to note that only a U.S. citizen or lawful permanent resident can petition the U.S. government for a stepchild's immigration. The stepchild cannot petition for themselves. To petition the U.S. government for a green card on your stepchild's behalf, you need Form I-130, Petition for an Alien Relative.

In general, you must be at least 18 years of age to be the beneficiary of a fiancé visa. Further, you must meet all of the normal marriage eligibility requirements. The K-1 fiancé visa is a great way for you to come to the United States to plan your upcoming wedding.

What is the minimum income for K-1 visa? ›

How much income is needed for a K-1 visa? In terms of K1 visa requirements, the U.S. citizen fiancé is required to make a minimum of $22,887 for a household of two. There can be additional income requirements, and applicants are encouraged to review the USCIS website.

Applications for K-1 visas may be denied or rejected for a variety of reasons, including a suspect relationship, ineligibility to marry, a lack of money, or no plans to get married within 90 days. Naturally, fraudulent applications also lead to a fiancé(e) visa denial or refusal.

Age differences between couples is common and generally accepted by USCIS when applying for a K1 Fiance Visa. However, large differences in a couples ages will result in closer scrutiny of your case. I routinely see cases that are approved where the age difference between the couple is 20 to 30 years.

Ultimately, it is up to the applicants to decide how difficult getting a K-1 visa for the foreign national will be. Even though there are many supporting documents required for obtaining a K-1 visa, if all requirements are proven and/or satisfied, the process itself will be simple.

K-1 Visa Processing Time

Boundless tracks USCIS data by field office every month. Based on our analysis, the processing timeline for a K-1 application currently averages 14-19 months (as of May 11, 2023).

For minor children of U.S. citizens (children under age 21): The entire process will generally take 10-13 months. There is no limit on the number of immigrant visas for children of U.S. citizens who are younger than 21. After beginning the immigrant petition process, they can usually get a green card in a year or less.

Only the spouse and unmarried minor children (under 21 years old) are eligible to enter the United States in a dependent status. Frequently, international students and scholars wish to invite their parents or other family members to the U.S. to attend graduation or for a visit.

USCIS does consider a stepchild who is under the age of 21 and who is unmarried to be immediate family. Because these children fall under the immediate family category, a U.S. green card is immediately available to them.

The K-3 visa allows the alien spouse and his or her children to enter the United States in K-3/K-4 status within approximately 5-7 months. It will take an additional 4-5 months for the I-485 green card application to be adjudicated from the date of filing.

For the purpose of this, a “stepchild” refers to the biological child of a foreign-born spouse married to a U.S. citizen or individual with permanent resident status. Therefore, you (the spouse – American citizen or lawful permanent resident) will be making a request for your stepchild or stepchildren.

Is K1 or K2 visa faster? ›

Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.

2# Can a K-2 Visa holder get an SSN card? As a holder of a K2 visa, you are eligible to obtain an SSN; however, you must first obtain an EAD from the USCIS before applying for an SSN. Employment authorization is one of the documents required when applying for a Social Security number as a K-2 visa holder.

What Is the Filing Fee? The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived.

How long does the I-130 petition process take? For immediate relatives (spouse or unmarried child) of a U.S. green card holder (legal permanent resident) living abroad, processing times for Form I-130 currently vary between 17-33 months. For those living in the U.S., the processing time is currently 13.5-23.5 months.

According to the Immigration Marriage Brokers Act of 2005, a US citizen can only petition for two K1 visas. If the first marriage fails or never occurs, the American petitioner must wait two years to apply for a new K-1 visa, even if it is on behalf of the same person.

There is no set time that you have to be in a relationship to qualify for a K-1 visa, but you must be able to prove that your relationship is genuine and not solely for immigration purposes.

A K-3 visa is similar to a fiancé(e) visa for married couples — it requires the same form as the K-1: the I-129F. In this case, you can file a petition for a K-3 visa after the I-130 petition is filed, and USCIS issues a receipt.

The government filing fees for getting a K-1 visa is $800 or $2025 for the K-1 visa and the “Adjustment of Status” form required to transfer from a K-1 visa to a marriage green card after arriving in the United States. This does not include the typical cost of the required medical exam, which varies by provider.

Can I Stay in the U.S. While Waiting For K1? A foreign national cannot reside in the U.S. on a tourist visa or Visa Waiver while waiting for a K1 Fiance visa or K3 Spousal visa. However, you can use a B-2 tourist visa or the Visa Waiver Program for a temporary visit.

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work.

Is there an interview for K-1 visa? ›

The K1 visa interview is mandatory, so you must be prepared to answer questions about your fiancé, about you, and all the details about your relationship. The K-1 interview isn't a scary process, but you can expect the K-1 interview questions to be personal.

As further proof: the Department of State refusal statistics for fiancées/fiancés. According to those statistics, approximately 20,000 K-1 fiancées/fiancés every year are denied visas when they go to their interviews at the embassy. This is nearly 40% of the total number of K-1 visa applicants.

Department of State refusal statistics for the K-1 visa reveal that there are about 40,000 denials each fiscal year. This is a 40% visa rejection rate of the total number of K-1 visa applications.

An attorney who is familiar with the K1 fiancé visa process can help to ensure that all of your forms are filled out correctly, that you submit the appropriate documents, and that you do not experience avoidable delays in the processing of your case.

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.

Citizens, the K1 Fiance Visa is still quicker and simpler for unmarried international couples seeking to get married. Marriage Visas generally take between 5-7 months from the time the I-130 Petition is filed at a USCIS Service Center to the day a Marriage Visa is issued. First, the Petition is filed with the USCIS.

K-2 visas are for the children of K-1 applicants. A K-2 applicant must be under the age of 21. Note: Unmarried children under 21 years old may accompany the parent to the United States or may apply for a visa later.

One of the requirements is that the foreign national applicant (k1 visa) should have had a physical (in person) meeting with their future spouse ( U.S citizen petitioner) within the past two years of the application filing date. This is also commonly referred to as the two-year meeting requirement.

Long and the short of it is, don't get married if you have a pending fiance case. And that's true whether it's pending at USCIS, pending at the National Visa Center briefly, or pending at the embassy itself. Until you have that visa, and I would argue until you get to the United States, you should not get married.

When you use RapidVisa, the K1 fiancé visa as of 2023 typically takes between 13 and 18 months, and the CR1 spousal visa typically takes between 9 and 13 months. Keep in mind that the processing time can be longer — sometimes more than a year — depending on your specific situation.

What is better a fiance visa or spouse visa? ›

Marriage visas make it possible to be married outside of the United States, whereas fiance visas make it possible for the ceremony to take place within the United States. Some couples prefer having the ceremony abroad to be together with family (or for other reasons).

You may petition for your stepchild by filing a Form I-130, Petition for Alien Relative, with USCIS on behalf of your stepchild. If your stepchild resides abroad, after USCIS approves your Form I-130, it will transfer your case to the National Visa Center to begin consular processing.

On the case summary page's status chart, there are two buttons under “Applicant Information.” To add or remove a family member from your case, click on the appropriate button. You will have to enter information about your family member, including name, address, email, and relationship to you.

In most cases USCIS has expedite criterias and in most cases a pregnancy does apply unless it causes severe financial loss or is an extreme emergent situation.

The application process for children is the same as for adults—you will need to complete the DS-160 application form, pay the visa fee, and schedule an appointment. A biological parent or legal guardian should attend the interview.

You have to fill a separate DS-160 for each candidate. So you have to fill out one on behalf of your dependent minor as well. You have to sign as the parent/legal guardian of the minor. But create a group application so that all members of the family get visa stamping on the same day.

After filling out one DS-160 form, additional forms for family members can be added. Following the confirmation page, you will have the option to create a family application. A family application can automatically fill in fields for multiple family members.

It can take between 6 and 19 months for the U.S. government to approve a petition for a stepchild. However, every situation is different – and your case may be processed faster (or slower) than the average. If USCIS asks for more information, you should get it to them as soon as possible.

Stepkids who are under the age of 21 and who are not married are considered immediate relatives of an American citizen. Based on that relationship, the children can obtain green cards. You or your attorney can file a Form I-130 on each child's behalf.

What is the Family Sponsorship Visa? A family sponsorship visa is a visa that allows US citizens to sponsor family members to move to the US and live there permanently.

How long does it take to get I-130 for a child over 21? ›

On average, you can expect to wait around 3-4 years to receive an I-130 petition approval as the unmarried son or daughter over age 21 of a U.S. citizen or green card holder. Once the I-130 petition is approved, adult sons and daughters must wait for an immigrant visa number to become available.

The regulations provide a loophole allowing a waiver to the physical meeting. This waiver has been written to allow couples with special circumstances to skip the meeting, specifically if the meeting will cause unusual hardship or violates strict cultural or religious practices.

Can my fiancé visit me in the US while waiting for a K-1 fiancé visa? Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA.