Dependent Children 

K-2 Visa

If your Fiancee has children who are unmarried, and under the age of 21, they can come to the USA too. To faciliate this they should be included on the Fiancee Visa petition.

Their visa (called K-2) is automatically granted when the Fiancee's K-1 visa is granted.  This  allows the children to accompany the Fiancee or to follow her later.  They may remain in the USA for up to 90 days. If the Fiancee and Sponsor marry, the Fiancee (now spouse) and children may remain in the USA and apply for conditional residency see Adjustment of Status. 

The K-2 visa(s) are issued at the same time that the Fiancees K-1 visa is issued. The children do not need to travel with the Fiancee, they can come later. but they can not come before.  The  cut off date for the issuance of a K-2 visa is one year after the issuance of the K-1.  Once issued the visa is valid for one entry to the USA any time within the next six months.

In ordering Full Support, Petition Review, or Adjustment of Status be sure to indicate how many children will be included in the applications as this requires additional paperwork. Click Order Services.

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Expert Tip # 6

Request the consulate to open a “Provisional File”. Once USCIS completes its review of your I-129F, it will send you a notice, I-797C advising the application is approved, then hand off the file to the U.S. State Department to be sent to the overseas consulate that handles the region where your Fiancee is. Typically about a month will go by before the consulate receives the file, and can take action to contact your Fiancee and send her Packet 3. The I-797C that you receive will confirm which consulate the file is being sent to. Contact the consulate immediately via phone or fax and ask if they can open a “Provisional File”. If that consulate allows them to open such a file, then send them a fax requesting this, along with a copy of the I-797C that you received. The consulate will not schedule an interview with your Fiancee until the actual file has arrived, but can send the Packet 3 to your Fiancee for her to respond to.
 


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