K2 Children

The child of a fiancee may receive a derivative K-2 visa from his/her parent’s fiancee petition. Derivative status is only possible if the principal applicant is issued a visa. You, the American citizen petitioner, must make sure that you name the child in the I-129F fiancee visa petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 application to register permanent residence or to Adjust Status. The child may travel with your fiancee or travel later within one year from the date of issuance of the K-1 visa to their parent. A separate petition is not required if the children accompany or follow your fiancee within one year from the date of issuance of her K1 visa. If it is long than one year from the date of visa issuance, a separate visa petition is required.

Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancee or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancee within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

A child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.