A K-2 visa is considered a nonimmigrant visa and it’s a way to keep the child or children united with their parents when they move to another country. Once the parent is married though, the child will be required to file a separate application to register as a permanent resident. If you are petitioning for a K-1 visa for a fiancé that has children who will require a K-2 derivate, you should seek experienced legal representation from The Gonzalez Law Group. Our attorneys are experienced with children (K-2) derivates and will ensure the proper steps are taken in the visa process. We assist clients in the greater Harris County area including Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood, and numerous others. Call us today at (832) 530-4070 or submit your information in our online form for a free case consultation.
Overview of Children (K-2) Derivative in Houston, TX
There are not many requirements when it comes to applying for a K-2 derivative. The main criteria are the child must be under 21 and unmarried. The child can be biological, a stepchild, or adopted out of wedlock. There are, however, certain things to keep in mind when you file:
- If the foreign fiancé is the parent, he or she must have custody of the child and be legally able to take them out of the country. To do so the fiancé may need the other parent’s permission. In this case, you should consult with an attorney.
- The child must not be turning 21 during the visa process and they must remain minors until a visa is issued. If the child will turn 21 during the visa process, you can request to expedite the process.
- The child should have a clean criminal background and not have violated any U.S immigration laws in the past.
- The sponsor must be able to financially support the fiancé and their children. The sponsor must also meet minimum financial requirements to get a K-1 and K-2 visa approved.
Usually, the child seeking a K-2 derivative is on the same application as the parent seeking a K-1 visa and they will go through the same application process. The process will involve a number of U.S departments such as the United States Citizenship Immigration Services (USCIS), the Department of State (DOS) and the U.S Customs and Border Protection (CBP).
Step 1: Petition for Child
When filling out an I-129F form be sure to provide the appropriate information for the child or children who will be seeking a K-2 derivative. This will inform the USCIA the sponsor plans to bring both the fiancé and their children to the United States.
Step 2: First Notice of Action
About one to two weeks after submitting the I-129F petition, the sponsor will receive the first notice of action (NOA1). A NOA1 is a letter the USCIS sends to the U.S citizen sponsor notifying them their petition has been accepted. It doesn’t mean the petition has been reviewed, but that the check was cashed and the forms were signed properly.
Step 3: Petition Approval
The sponsor should receive a second notice of action (NOA2) notifying them the petition has been approved and is on its way to the National Visa Center for further processing.
Step 4: National Visa Center Processing
Once the petition is approved, the NVC will send the sponsor a list of documents that will need to be submitted and an invoice for fees. Both the fiancé (K-1) and the child (K-2) will need to submit the proper documents. Once this is complete, the case is sent to the U.S consulate in the country where the child and fiancé live.
Step 5: U.S Consulate Processing
Once the consulate has the case, a medical exam and interview will be scheduled for the child and fiancé. The medical exam is used to make sure the child does not have a spreadable disease. If the child is younger than 14, the U.S consulate does not require them to attend an interview.
Step 6: Wait for Visa Approval
After the medical exam and interview are complete, the child and fiancé wait for their visas to be issued. Sometimes, one visa may be issued faster than the other, or they will be sent at the same time.
The processing timeline may vary depending on the cause and the country the sponsor is applying for. There may also be security and background checks conducted at each stage of the process. This can include criminal history, national security, and other information about the sponsor, child, and fiancé. These types of checks are usually done using names, fingerprints and other biometric and biographic information.
K-2 Visa Requirements– Visit the U.S Embassy website to learn more about the requirements and documents needed for a K-2 visa. The website also provides information regarding the financial requirements for visa sponsors, medical examinations and contact information for the U.S embassies around the globe.
Children of Fiancés– Follow this link to the U.S Citizenship and Immigration Services website for more information regarding fiancés seeking a K-1 visa with children. Some of the information includes how long the children have to apply for a green card and the requirements for eligibility.
Lawyer for Children (K-2) Derivative in Houston, TX
If you are hitting bumps in the road as a sponsor for a visa petition, you should contact the experienced immigration attorneys at The Gonzalez Law Group. Our attorneys know how difficult it can be to get your loved ones in the country and they will fight to achieve the best possible outcome for your situation. Call us today at (832) 530-4070 or submit your information in our online form for a free case evaluation. We proudly assist clients in the greater Harris County area including Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood, and numerous others.