Bringing your fiancé to the United States is an exciting step towards building your life together. But what if your fiancé has a child? Many couples wonder if they can bring their fiancé’s child when they immigrate. The good news is that U.S. immigration law provides a way for fiancé(e)s and their children to enter the country together. Let us explore the process and requirements for this family-based immigration option.
What does a K-2 Visa mean?
The K-2 visa is designed for unmarried children (below 21 years old) of K-1 visa holders. It allows these children to enter the U.S. with their parents, who are engaged to be U.S. citizens. Key points about the K-2 visa include:
- It is a nonimmigrant visa, meaning it is temporary
- The child must be under 21 and unmarried at the time of application
- The K-2 visa is valid for the same period as the parent’s K-1 visa
Under New Jersey law, a person reaches the age of majority at 18. However, for immigration purposes, the federal definition of a child (under 21) applies.
What are the requirements for a K-2 visa?
To obtain a K-2 visa, you must meet certain criteria:
- You, as a U.S. citizen fiancé(e), must file Form I-129F for your foreign fiancé(e)
- You must include the child of your foreign fiancé(e) on this petition
- The child must be eligible to receive a visa
- You must meet income requirements to support your fiancé(e) and their child
The Immigration and Nationality Act outlines the legal basis for K visas, including the K-2 visa for children of fiancé(e)s.
How can an attorney help with the K-2 visa process?
The K-2 visa process involves complex paperwork and strict deadlines. An immigration attorney can provide valuable assistance by:
- Filling out the forms correctly
- Helping to gather necessary documentation
- Advising on potential issues that could affect the application
- Preparing you for the visa interview
While it is possible to complete the process on your own, many families find that professional guidance helps them avoid costly mistakes and delays. An attorney’s knowledge of immigration law can be invaluable if there are any complications with your case.
