If you have received a K-1 fiancé visa and have unmarried children under the age of 21 years, they may be able to accompany you to the United States. This is not limited to whether or not they are the biological children of your U.S. citizen fiancé as it applies to adopted children and children born out of wedlock.
Through the K-2 visa application process, the U.S. citizen sponsor will have to include all the children's names on the petition for alien fiancé form. In cases with young children, it is valid for the parents to sign on the behalf of their child. The children will then have to prove their relationship to the K-1 parent with proof of birth certification or adoption documentation. They must also prove that they are inadmissible to the United States and need to be financially supported by the immigration fiancé.
After getting married in the U.S. and applying for a green card, K-2 children may apply along with you and receive lawful permanent residence. The application process must be completed with 12 months from the date of the issued visa.
K-2 visa holders are permitted to work and study within the United States, however they are not permitted to change their status to another non-immigrant status.
- Child Turning 21 Years Old
Children must remain unmarried and under the age of 21 in order to qualify to enter the U.S. on their K-2 visas. In cases where the child has an upcoming birthday and turns 21 years old prior to the date they would enter the U.S., immigration authorities must be contacted in order to speed up the processing.
The Child Status Protection Act does not protect children over the age of 21 on fiancé visas from the loss of visa rights.
In cases where the parent and their spouse are already married, they must instead file a K-4 visa application form in order to seek the child's admission into the U.S.
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