Immigration Law
One of the most common concerns I hear from clients applying for a K-1 fiancé(e) visa is simple but urgent: "What about my children?"
If you are a U.S. citizen engaged to a foreign national, or if you are the foreign fiancé(e) yourself, the goal isn't just to unite a couple—it is often to unite a family. This is where the K-2 visa comes in.
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The K-2 visa is a derivative nonimmigrant visa that allows the unmarried children (under age 21) of a K-1 fiancé(e) to enter the United States. It allows them to accompany their parent or join them later, providing a pathway to permanent residence (a Green Card) once the marriage takes place.
However, the K-2 process is not automatic. In my practice at SG Legal Group, I often see families overlook critical deadlines—specifically regarding the child's age and travel timelines—that can jeopardize a child's ability to immigrate.
Below, I explain exactly how the K-2 visa works, who qualifies, and the specific strategies I recommend to ensure your children are not left behind.
To qualify for K-2 status, the child does not need a separate petition filed by the U.S. citizen sponsor initially. Instead, their eligibility is "derived" from the parent’s K-1 petition (Form I-129F).
To be eligible, the child must be:
I often advise clients that the K-2 visa offers a unique advantage over other family-based visas. Typically, for a U.S. citizen to sponsor a stepchild for a Green Card, the marriage creating the step-relationship must happen before the child turns 18.
However, a K-2 child can enter the U.S. and adjust status even if they are over 18 (but under 21) when the marriage occurs. This makes the K-2 visa a vital tool for families with older teenagers who might otherwise age out of eligibility.
Bringing a child to the U.S. on a K-2 visa involves several distinct stages. Here is the workflow my team and I manage for our clients:
1. The I-129F Petition
The U.S. citizen fiancé(e) lists the children on the initial Form I-129F. Even if the children are not traveling immediately, I always recommend listing all existing children on this form to preserve their eligibility.
2. Consular Processing (DS-160)
Once USCIS approves the I-129F, the case moves to the National Visa Center (NVC) and then to the U.S. Embassy or Consulate in the foreign fiancé’s home country.
3. The Interview
Children may be required to attend the visa interview with their parent. In my experience with clients from Eastern Europe, officers often ask specific questions to verify custody arrangements (see the "Permission to Travel" section below).
4. Admission to the U.S.
Upon entering the U.S. through Customs and Border Protection (CBP), the child enters in K-2 status. This status is valid for 90 days—the same duration as the parent’s K-1 status.
"Accompany" vs. "Follow-to-Join"
You do not have to travel together. K-2 children have two options for timing their arrival:
If you choose the "follow-to-join" option, the child must be issued their K-2 visa within one year of the date the K-1 parent received their visa. I have seen families miss this window because they wanted a child to "finish the school year" back home. If you wait longer than one year, the K-2 eligibility expires, and we must start a new, separate immigrant petition (I-130), which takes significantly longer.
This is the single most dangerous pitfall in K-2 cases.
Under U.S. immigration law, a "child" is defined as unmarried and under 21. For many visa categories, the Child Status Protection Act (CSPA) "freezes" a child’s age to protect them from processing delays.
Warning: The CSPA generally does not apply to K-2 visa holders in the same way it does for other categories.
If your child enters the U.S. on a K-2 visa but turns 21 before their Adjustment of Status (Green Card) application is adjudicated, they may lose eligibility. While there is some favorable case law (Matter of Le) that argues eligibility should be determined at the time of entry, USCIS interpretation can vary.
My Recommendation: If your child is approaching age 21, do not wait. Contact my office immediately. We may need to expedite the process to ensuring they enter the U.S. and file for Adjustment of Status well before their 21st birthday.
In my practice, many of my clients come from Russia, Moldova, Romania, and Ukraine. A frequent hurdle we face is obtaining permission from the other biological parent for the child to emigrate.
If the non-migrating parent shares legal custody, you typically need a notarized statement of consent allowing the child to move permanently to the United States. Without this, the U.S. Consulate may refuse the visa.
If the other parent is absent, missing, or refuses to sign, we must provide court documents showing you have sole legal custody or that the other parent’s rights have been terminated. I assist my clients in reviewing these foreign court documents to ensure they meet the strict standards required by U.S. immigration authorities.
Entering the U.S. is not the finish line. For a K-2 child to stay permanently, the following must happen:
Unlike other family categories, K-2 applicants do not need a Form I-130 filed for them. They adjust status based on the parent's K-1 marriage.
Note on Financial Support: The U.S. citizen step-parent will need to file an I-864 Affidavit of Support for the child at this stage. I often see errors here where sponsors fail to count the child correctly in their household size, leading to unnecessary Requests for Evidence (RFEs).
Adding children to an immigration case increases the complexity. You are dealing with multiple government agencies (USCIS, NVC, Department of State), strict age deadlines, and international custody laws.
At SG Legal Group, I help families navigate these hurdles by:
We believe that no family should be separated due to a paperwork error or a missed deadline.
If you need experienced legal guidance for your immigration case, contact me at SG Legal Group. My team and I will help you navigate the K-2 visa process with confidence to ensure your children can build their future in the U.S. alongside you.
Consultations are available in English, Russian, or Romanian. Call 410-618-1288 or visit our [Contact Page] to schedule a consultation.
This article provides general information and is not legal advice. For advice about your situation, please contact me directly.
Oleg Gherasimov, Esq.
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