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The K-2 Visa is a non-immigrant visa that allows the dependent children of a K-1 visa holder to enter the United States. These children must be unmarried and under the age of 21. The K-2 Visa process is designed to enable children to join their parent, who is engaged to a U.S. citizen, before the parent marries and adjusts status to a lawful permanent resident.
To qualify for a K-2 Visa, the child must meet specific criteria:
The K-2 Visa application process involves several key steps:
After the marriage of the K-1 visa holder to the U.S. citizen petitioner, the K-2 visa holder can apply for adjustment of status to become a lawful permanent resident (green card holder). This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. The child must meet all the eligibility criteria, including being unmarried and under the age of 21 at the time of filing the adjustment application.
K-2 visa holders are granted several rights and face certain limitations while in the United States:
Rights: They can attend school and, upon receiving an Employment Authorization Document (EAD), can also work.
Limitations: The K-2 visa is tied to the status of the K-1 visa holder, and the child’s status is dependent on the marriage between the K-1 visa holder and the U.S. citizen. If the marriage does not occur, the K-2 visa holder must leave the United States.
1. Can a K-2 visa holder work in the U.S.?
Yes, K-2 visa holders can apply for work authorization by filing Form I-765, Application for Employment Authorization, after entering the United States.
2. What happens if the K-1 visa holder does not marry within 90 days?
If the marriage does not occur within 90 days of the K-1 visa holder’s entry, the K-2 visa holder must depart from the United States. Failure to do so could result in removal proceedings.
3. Can a K-2 visa holder travel outside the United States?
Yes, but they must obtain advance parole by filing Form I-131, Application for Travel Document, before leaving the country if they have applied for adjustment of status.
4. What is the processing time for a K-2 Visa?
Processing times can vary based on the location of the U.S. consulate or embassy, the completeness of the application, and other factors. It’s advisable to check the specific processing times for the relevant consulate.
5. How long is the K-2 visa valid?
The K-2 visa is valid for the same period as the K-1 visa holder’s status, which is typically up to 90 days after entry into the U.S. If the marriage occurs, the K-2 visa holder can apply for an adjustment of status to obtain a green card.
The K-2 Visa provides a pathway for the dependent children of K-1 visa holders to enter the United States and eventually become lawful permanent residents. Understanding the application process, eligibility criteria, and associated rights and limitations is crucial for ensuring a smooth transition for both the K-1 visa holder and their children. Proper preparation and timely submission of required documents can help facilitate a successful visa application process.
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