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Can My Fiancé(e)’s Children Come with Them on a K-1 Visa?

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If you’re a U.S. citizen and want to bring your fiancé from a foreign country to the United States, you must file Form I-129F, a Petition for Alien Fiancé(e). You can obtain a K-1 non-immigrant visa for your soon-to-be spouse through this petition. It is also known as a fiancé(e) visa.

Your fiancé(e)’s children may also come to the US, but they will require a different type of visa to do so. An immigration attorney in San Jose takes you through the requirements and eligibility of these crucial immigration documents.

Fiancé(e)’s Children Visas

If your fiancé(e)’s children are under 21 years and not married, they must each obtain a K-2 visa to allow them to relocate to the United States. Remember that the children will not automatically be approved to relocate based on your fiancé(e)’s K-1 visa approval. Each child’s K-2 visa must be applied separately upon Form I-129F approval.

The children will later be eligible to pursue a green card through adjustment of status after your marriage is complete, leading to eventual citizenship for the child with the K-2 visa. Consult a skilled fiancé visa attorney in San Jose for further clarification on how to apply for the K-1 and K-2 visas.

What is the Eligibility for K-1 Visa?

For your fiancé(e) to qualify for the K-1 visa, the following conditions must exist:

  • The sponsor, in this case, you, must be a U.S. citizen
  • You and your fiancé(e) must intend to get married to each other within 90 days of their admission to the United States on the K-1 visa. The intention of the marriage must be to live together, not just for immigration purposes.
  • The marriage must be legal, meaning any previous marriages are terminated through divorce, annulment, or death.
  • You and your fiancé(e) must have met in person within the past two years unless you can prove that doing so would violate foreign social practice or culture or result in extreme hardship to you.

Talk to a skilled fiancé visa attorney in San Jose if you need help proving the cultural practice violation. Your lawyer can evaluate your case and help you evaluate your legal options.

K-2 Visa Eligibility

For your fiancé(e)’s children to qualify for a K-2 visa, they must meet the following conditions:

  • The applicant must be below 21 years
  • They must be unmarried
  • Their criminal record must be clear
  • They must not be drug addicts
  • The US-based sponsor, in this case, you, must show the ability to support the child financially once they get to the United States.
  • The child must not have a history of violating immigration laws in the United States.
  • They must undergo an immigration medical check.

K-2 visas are available for a fiancé(e)’s stepchildren and adopted children. The children can travel to the U.S. with your fiancé(e) or come later but not before your fiancé(e). However, to be eligible for the visas, they must come to the U.S. and take up permanent residence within one year after your fiancé(e)’s visa is approved.

What is the Process of Applying for a K-2 Visa?

The process of applying for a K-2 visa is almost similar to that of a K-1 visa, involving several steps as follows:

  • You submit an application to the U.S. Citizenship and Immigration Services (USCIS) to petition your wish to bring your foreign fiancé(e) and their children to the United States
  • The USCIS reviews the petition and approves or denies it. They may request additional information through a message to make an informed decision about the application
  • If the application is approved, the USCIS will forward the case to the National Visa Center (NVC), and it will proceed to the U.S. embassy or consulate where your fiancé(e) lives
  • Your fiancé(e) and their children will receive notification about the progress of their petition and be asked to submit the necessary documents for visa application
  • A visa interview will be scheduled, which could be for both the K-1 and K-2 visas. Children are interviewed based on their ages

If you’re worried about the questions your fiancé(e) and their children might be asked during the interview, consult a skilled immigration lawyer in San Jose. They may be able to provide insights into how the interviewees can prepare.

What Documents Are Required for K-2 Visas?

Each K-2 applicant must provide the following documents at the interview unless otherwise advised:

  • Medical exam
  • Valid passport (at least six months post the period of stay)
  • Police certificates from their current and previous countries of residence for more than six months since their 16th birthday
  • Confirmation page for completed Form DS-160 (Online Non-immigrant Visa Application)
  • Proof of authentic relationship between the children and your fiancé(e)
  • Birth certificate
  • The application fees
  • 2 x 2 photos

Check with an experienced San Jose fiancé visa lawyer about the photo requirements by the U.S. Citizenship and Immigration. The attorney can also evaluate your application and check to ensure you have all the necessary documents.

An Experienced Immigration Lawyer Providing Guidance on the Immigration Process

Bringing your loved one to the U.S. is exciting, but the process can be complex. Applying for immigration visas is detailed and lengthy, and you may find it challenging to get everything right. An experienced San Jose fiancé visa lawyer handles intricate details of the process to ensure you don’t miss out on essential requirements that could see your application denied.

Sadri Law PC is an immigration law firm that helps clients understand their options when seeking immigration visas. We also assist them in fulfilling the requirements to ensure their applications are approved. If you wish to bring your fiancé(e) and their children to the United States, we can help. Call us at 408-402-4967 to schedule a consultation.

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