Dependent K2 Visa and K4 Visa FAQs

If you're planning to bring your Thai fiancé(e) or spouse to the US on a K-1 or K-3 visa, you might be wondering if their dependent children are eligible to join. Fortunately, the K visa category allows unmarried children under 21 to join their parent in the US on derivative K-2 or K-4 visas.

This FAQ guide aims to answer common questions about the K-2 and K-4 visas, including eligibility criteria, visa application process, and how to obtain US permanent residency.

K2 Visa Frequently Asked Questions

This section explores some of the most commonly asked questions about the K-1 fiancé(e) visa's derivative option for dependent children, the K2 visa.

General K2 Visa Questions

What is a K2 visa?

The K2 visa allows your partner who is applying for a K-1 fiancé(e) visa to bring their child(ren) to the US as dependents. K-2 visas are available to unmarried children under the age of 21.

Once you and your fiancé(e) marry, your new spouse can apply for green cards for themselves and their K-2 children.

Is the K2 visa a single or multiple-entry visa?

The K2 visa is a single-entry visa.

Is the K2 visa an immigrant visa?

The K-2 and K-1 visas are unique as nonimmigrant visas that allow for immigrant intent.

Generally, nonimmigrant visas are intended for temporary stays in the US and do not permit the holder to apply for permanent residency. However, K visas are designed for future immigration and are therefore often categorized as immigrant visas despite their short-term validity.

What is the difference between the K2 visa and the K-4 visa?

The main difference between the K-2 and K-4 visas is your marital status at the time of petitioning for a visa. The K2 visa is issued to the children of foreign national fiancé(e)s applying for K-1 visas. On the other hand, the K-4 visa is for children of foreign spouses applying for K-3 visas.

Furthermore, K-2 visas are only valid for 90 days while K-4 visas are typically issued with a validity period of two years.

Can a K2 visa holder change status to another nonimmigrant visa?

Generally, K2 visa holders cannot change to another nonimmigrant visa category. They are expected to apply for an Adjustment of Status (AOS) to become US lawful permanent residents.

How long can a K2 visa holder stay in the United States?

Children of a K-1 visa holder may stay in the United States on a K2 visa for a maximum period of 90 days from their date of entry into the country.

If the K-1 visa holder and US citizen do not marry within 90 days, then the children and their parent should leave the country before their visas expire.

What are the limitations of the K2 visa?

Much like any other visa type, the K2 visa carries limitations including:

• The holder of a K2 visa may not change to any other nonimmigrant status.
• A K visa applicant may not be permitted to enter the US if they have committed previous infractions of US immigration law.
• K2 visa holders can only stay in the United States up to 90 days unless they submit an AOS application.

Can K2 visa holders bring their own children to the US?

No, the K2 visa is only for unmarried dependent children of K-1 visa holders. The K2 visa holder cannot petition for their own children under this visa category.

Can I apply to extend a child's K2 visa validity?

No, your fiancé(e)'s child cannot stay past 90 days on a K2 visa. If you do not marry the child's K-1 parent before their visa expires, both your fiancé(e) and their child(ren) must leave the US.

K2 Visa Eligibility Questions

Who is eligible for a K2 visa?

To be eligible for a K2 visa, your family must meet the following requirements:

• The K-2 applicant child must be:
  • Under the age of 21.
  • Unmarried.
• You, the US citizen sponsor and your K-1 visa applicant fiancé(e) must:
  • Plan to marry within 90 days of your partner arriving in the US.
  • Be legally free to marry.
  • Have met in person in the last two years.

If these conditions are met, you can petition for a K2 visa for your future stepchild.

I'm a US green card holder. Can I sponsor a K2 visa for my future stepchild?

No, you must be a US citizen to sponsor any K visa. Instead, you can marry your fiancé(e) outside of the US and submit petitions for the spousal CR-1 visa and dependent CR-2 visa.

My fiancé(e) and I are in a same-sex relationship. Can I sponsor their child for a K2 visa?

Yes, same-sex partners can sponsor K-2 visas for their fiancé(e)'s children.

I am a US citizen, but I had a child in Thailand out of wedlock. Is my child eligible for a K2 visa?

Your child born in Thailand may already be a US citizen. This is possible through a process called acquisition of citizenship. If this applies to your child, there's no need for a K2 visa.

However, you must meet certain US residency requirements and, if you are the child's father, you must acknowledge paternity before the child turns 18 years old.

Can I petition for a K2 visa if my fiancé(e)'s child is over 21 years of age or married?

No, K-2 visas are only available to children who are below the age of 21 and unmarried.

Does a K2 visa applicant have to have a passport?

Generally, each K visa applicant should have a valid passport.

What is a stepparent/stepchild relationship?

Under US immigration law, a stepparent/stepchild relationship means that you married your partner before their child(ren) turned 18 years old. By establishing a stepparent/stepchild relationship, the K-2 holder is protected from "aging out" of US green card eligibility. This essentially means that if a child turns 21 before attaining permanent residency, they can still file an Adjustment of Status.

If the child is between the ages of 18 and 20 when applying for a K2 visa, a legal stepparent/stepchild relationship cannot be established. Children in this age bracket can still apply for permanent residency once in the United States. However, they must do so before turning 21. Otherwise, they will be expected to return to their home country.

Can I still petition for a K2 visa for my fiancé(e)'s children if they previously violated US immigration laws?

Possibly. If the applicant's child previously overstayed a visa or has a criminal history, they could be deemed ineligible for entry under US immigration laws. In this case, you may be able to file a Form I-601, Application for Waiver of Grounds of Inadmissibility. You should consult with a qualified US immigration attorney to see if the child qualifies.

K2 Visa Application Questions

How long does it take to get a K2 visa?

K visa processing times can vary greatly, however, generally most K-2 visas are processed within 6 to 18 months of submitting the Form I-129F. On average, K2 visa applicants in Thailand receive a decision in approximately 9 to 10 months.

How much does it cost to apply for a K2 visa?

US immigration and processing fees for a K2 visa application, including the associated K1 visa, are approximately 1,300 USD. However, this amount doesn't include additional costs such as medical exams, document translations, and fees for the green card application (Adjustment of Status).

What documents do I need to petition for a K2 visa?

To apply for a K2 visa, you will need to provide the following supporting documents for your fiancé(e)'s child(ren):

• Medical examination results
• Two passport-style photographs
• Police clearance certificates
• Valid passport
• Birth certificate (or adoption certificate, if applicable)
• Evidence that you can support your future stepchildren

Do I need to provide an Affidavit of Support to sponsor the K2 visa?

In order to sponsor your fiancé(e)'s K-1 visa and the derivative K2 visa, you must provide a Form I-134, Declaration of Financial Support stating that you meet 100% of the income requirements of the Federal Poverty Guidelines.

When your family applies for permanent residence, you will need to provide a Form I-864, Affidavit of Support.

Are there any passport requirements for the K-2 application?

Generally, the K2 visa applicant must produce a passport valid for at least 6 months past their planned date of travel.

What happens at the medical examination?

The exam includes a medical history, physical check, chest X-ray, and syphilis blood test performed by an authorized physician. The exam is not a complete checkup but a screening for specific conditions.

Because the K2 visa is a nonimmigrant visa, applicants are not expected to receive vaccinations required for immigrant visa applicants. However, K visa applicants are encouraged to receive these vaccinations as they will be required when applying for a green card.

Does my stepchild have to attend the K visa interview at the US Embassy?

Generally, yes, all K visa applicants must attend a consular interview. However, the procedures vary depending on the embassy or consulate. At some locations, children under the age of 14 are not required to go through an interview process.

What happens at the consular interview?

At the visa interview, the consular officer will assess that your fiancé(e) and their child(ren) meet all the requirements for K visas, including assessing the genuine relationship between you and your foreign citizen partner.

What kinds of questions does the consular officer ask at the visa interview?

At the K2 visa interview, the officer may ask the child questions about their relationship with their parent and about their parent's relationship with you. Examples of possible K2 visa interview questions are:

• Have you ever met your parent's fiancé(e) in person?
• How did you meet your parent's fiancé(e)?
• What do you know about your parent's fiancé(e)?

What should a K-2 applicant bring to the consular interview?

In addition to their passport and identification documents, your fiancé(e)'s child should bring the following documents to their visa interview:

• Evidence of their parent-child relationship to the K-1 visa applicant
• A printed copy of the confirmation page of the Form DS-160
• Police certificate(s)
• Medical exam results

What is US Citizenship and Immigration Services?

US Citizenship and Immigration Services, usually shortened to USCIS, is a government agency responsible for managing the immigration and naturalization system of the United States. They operate multiple service centers across the US that process applications for citizenship, green cards, visas, and other immigration benefits.

You submit the initial K-1/K2 visa petition (Form I-129F) to USCIS.

What is the National Visa Center?

After the Form I-129F is approved by USCIS, they forward your petition to the National Visa Center (NVC) for further processing. They alert the US Embassy of your case.

The NVC is based in Portsmouth, New Hampshire.

K2 Visa Holder: Post-Approval Questions

Can K-2 children travel to the United States before their K-1 parent?

No, K2 visa holders must enter the US either with their parent or after.

My fiancé(e) wants their child to finish the school year. Can they travel to the US on a K2 visa after their parent?

Yes, your fiancé(e)'s child can finish the school year and enter up to one year after their K-1 visa holder parent.

What happens when my stepchild arrives in the US on a K2 visa?

After your stepchildren arrive in the US and you have married your K-1 partner, you should submit Adjustment of Status (AOS) applications for each stepchild to apply for permanent residency on their behalf.

Can my stepchild apply for permanent residency after their K-1 parent applies?

Yes, as long as they apply before their K-2 status expires. Under US immigration laws, your stepchild's K2 visa is valid for a maximum period of 90 days from the day they enter the US. Therefore, they must apply for an AOS after you and your partner have married and before their 90-day visa expires.

If my child is issued a 2-year conditional green card, can they apply for a full green card later?

Yes, after two years with the conditional green card, your stepchild can apply to have the conditions removed. If your child received their green card within 90 days of their parent's green card issuance, then your spouse and stepchild(ren) can submit a joint Form I-751, Petition to Remove Conditions on Residence.

However, if they received their legal permanent resident status more than 90 days after their parent, they must file a separate Form I-751.

What happens if my stepchild turns 21 before we apply for an Adjustment of Status (AOS)?

If your stepchild turns 21 before applying for an Adjustment of Status, they may "age out" and lose eligibility for a green card. You should plan to apply before they reach this age to secure their permanent resident status.

Can my stepchild become a US citizen on a K-2 visa?

After three years as a US lawful permanent resident, your stepchild can apply for US citizenship.

Can my fiancé(e)'s child become a permanent resident if we never established a stepparent/stepchild relationship?

If your fiancé(e)'s child is in the US on a K-2 visa but you never established a stepparent/stepchild relationship, they can still apply to adjust status to permanent residency as long as they do so before turning 21.

Can my partner's child work or study on a K-2 visa?

If they are of working age, K-2 visa holders are permitted to file a Form I-765, Application for Employment Authorization to obtain a work permit.

K-2 visa holders are automatically permitted to study in the US without obtaining further authorization.

Are K-2 visa holders required to have health insurance?

There is no specific requirement for K-2 visa holders to have health insurance, but it is highly recommended.

Can K-2 visa holders access public benefits?

K visa holders must be financially supported by their US citizen fiancé(e). Therefore, if your dependents receive any public benefits, you may be responsible for reimbursing the government.

What are the consequences of overstaying a K-2 visa?

Overstaying a K-2 visa can result in the individual being barred from re-entering the US for a certain period. It's crucial to either adjust status or leave the country before the visa expires to avoid these penalties.

Can K-2 visa holders be deported?

Yes, if a K-2 visa holder violates the terms of their visa or is involved in unlawful activities, they can be deported. It’s important to comply with all US immigration laws and regulations.

Can my stepchild travel outside the US on a K-2 visa?

K-2 visa holders can travel outside the US temporarily if they have applied for and received an Advance Parole travel authorization document. Normally, K visa holders submit Advance Parole applications concurrently with the AOS application.

It is advisable to consult with an immigration attorney before leaving the US to avoid any complications during re-entry.

Can a K-2 visa holder apply for a Social Security Number (SSN)?

Yes, a K-2 visa holder can apply for an SSN after they have applied for and received an Employment Authorization Documents (EAD).

K-4 Visa Frequently Asked Questions

This next section addresses common questions about the K-4 visa for your spouse's child(ren).

General K-4 Visa Questions

What is the K-4 visa?

A K-4 visa allows the unmarried child of a K-3 visa holder or applicant to enter the United States while waiting for their green card to become available. To qualify, your stepchild must be under 21 years old and dependent on their K-3 parent.

Once your spouse and their children have entered the US, they can apply for green cards to obtain US lawful permanent resident status.

Does the K-4 visa still exist?

The K-4 visa is rarely issued by USCIS because there are more direct routes to a green card. However, K visas allow your family to enter the US earlier than if they were to apply directly for CR or IR immigrant visas.

If processing times for the CR/IR spousal visas are delayed, the K-3 and K-4 visas can help your family reunite in the US sooner and apply for a green card from within.

What privileges do K-4 visa holders have?

K-4 visa holders can attend school, travel outside the United States for short periods with an Advance Parole document, and even obtain a work permit by applying for an Employment Authorization Document (EAD) once they reach working age.

Is the K-4 visa an immigrant visa?

No, the K-4 visa is a nonimmigrant visa that allows for immigrant intent. This means that your stepchildren are expected to apply for green cards once in the US.

How long can my stepchild stay in the US on a K-4 visa?

On the K-4 visa, your stepchild can stay in the US for a maximum of two years or until their 21st birthday, whichever comes first.

However, they can extend their stay by applying for an Adjustment of Status (AOS) to become a permanent resident. Once the AOS application is submitted, they can legally remain in the US while waiting for a visa decision.

Can I extend my stepchild's K-4 visa validity?

In order to extend your stepchild's lawful stay in the US, you must submit an Adjustment of Status application for a green card on their behalf.

K-4 Visa Eligibility Questions

Who is eligible for a K-4 visa?

To qualify for a K-4 visa, the child must be unmarried, under 21, and dependent on their parent. Additionally, their parent must be applying for a K-3 visa.

My spouse and I are in a same-sex relationship. Can I sponsor my stepchild for a K-4 visa?

Yes, as a same-sex partner, you can still sponsor a K-4 visa for your stepchild.

Can I petition for a K-4 visa if my spouse's child is over 21 years of age or married?

Only unmarried children under the age of 21 are eligible for K-4 visas.

My stepchild has a criminal or overstay history. Can I petition for a K-4 visa on their behalf?

If your stepchild could be deemed ineligible for a visa, you might be able to apply for a Waiver of Grounds of Inadmissibility. In this case, you should consult with an immigration attorney to determine your stepchild's eligibility for a waiver and US visa.

K-4 Visa Application Questions

How long does it take to get a K-4 visa?

Generally, a K-4 visa application takes around one to two years to receive a decision.

How much does it cost to apply for a K-4 visa?

A single K-4 visa application costs around 1,300 USD. This includes the Form I-130 filing fee for your spouse's visa and the embassy fee.

Additionally, you should account for miscellaneous costs such as fees for medical exams, notarizations, travel expenses, and the green card application.

K-4 Visa Holder: Post-Approval Questions

Can K-4 children travel to the United States before their K-3 parent?

K-4 visa holders must enter the United States either with their parent or within one year after.

What happens when my stepchild arrives in the US on a K-4 visa?

After your stepchildren arrive in the US, you should submit Adjustment of Status (AOS) applications for each stepchild to apply for permanent residency on their behalf.

Can my stepchild apply for permanent residency after their K-3 parent applies?

Yes, your stepchild can apply for a green card (Adjustment of Status) at any time after arriving on a K-4 visa, as long as they do so before their visa expires.

Can my stepchild become a US citizen on a K-4 visa?

Your stepchild can apply for US citizenship after being a permanent resident for three years.

Can my spouse's child become a permanent resident if we never established a stepparent/stepchild relationship?

Even without establishing a stepparent-stepchild relationship, a child on a K-4 visa can apply for permanent residency as long as they do so before turning 21.

Can my partner's child work or study on a K-4 visa?

K-4 visa holders who are eligible to work can apply for a work permit by submitting a Form I-765, Application for Employment Authorization. They are also permitted to pursue education in the US.

Can I apply for a K-4 visa for my stepchild if my spouse is already a permanent resident?

No, K-4 visas are only available to the children of K-3 visa holders. If your spouse has already become a permanent resident, you would need to explore other visa options for your stepchild.

How can my stepchild apply for an extension of their K-4 visa?

The K-4 visa cannot be extended, but your stepchild can remain in the US by applying for an Adjustment of Status to a permanent resident before their K-4 visa expires.

How can a US immigration lawyer help with my K-2 visa or K-4 visa application?

A US immigration lawyer can ensure that your K visa application is prepared accurately and efficiently. They provide the following services:

• Assess your family's circumstances to confirm their suitability for K2 and K4 visas
• Prepare petitions, applications, and supporting documents to minimize errors that could lead to delays or denials
• Provide guidance on complicated legal issues such as a previous visa overstay or a criminal history
• Act as a liaison between you and US immigration authorities
• Help your dependents prepare for their visa interviews, including what to expect and how to present your case effectively
• Advise on the next steps after visa approval, such as entering the US, filing an Adjustment of Status, and applying for work or travel authorization

Siam Legal International is a full-service law firm with over 20 years of experience helping US citizens procure visas for their families. Our specialist team of immigration experts can help you navigate the visa process smoothly and increase your chances of a successful outcome.

To learn more about applying for a US K visa, reach out to Siam Legal today.

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