Known as “family” or “dependent” visas, the K visas are for those who are about to be married to a U.S. Citizen or for those already married to a U.S. Citizen.
The K-1 visa must be obtained by anyone who is about to be married to a U.S. citizen, i.e. the fiancé of a U.S Citizen. The K-2 visa must be obtained by the unmarried dependent children (under 21 years old) of someone on a K-1 fiancé visa.
The status of the K-2 visa holder is entirely dependent upon the status of the principal K-1 visa holder. If the principal K-1 visa holder fails to get married within 90 days of entering the country, then the principal visa holder has to return to his or her home country and so do his or her dependents that are here on K-2 visas. The other dependent K visa is the K-4 visa, which is for the children of those already married to a U.S. Citizen.
In order to qualify for a K-2 visa, you must be under 21, unmarried, and the child of a K-1 visa holder.
If you have a K-2 visa you may live in the U.S. with your family while your parent waits to get married. While in the United States on a K-2 visa, you may not change to any other non-immigrant status.
If you need help with a visa application, you should contact an attorney. Immigration law and the application procedure for legal residency can be very complex, especially if English is not your native language. An experienced immigration attorney can make sure that your application is completed correctly, which may help speed up processing of the application. A lawyer may also be able to help you with your appeal if your application is denied.
Last Modified: 11-26-2013 12:26 PM PSTLaw Library Disclaimer
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