US K-2 and K-4 Visas

US K-2 and K-4 Visas. When U.S. citizens marry foreign nationals, they often need to navigate the complex U.S. immigration system to bring their spouse and children to the United States. The K-2 and K-4 visas are specifically designed to facilitate the immigration of the children of fiancés (K-2) or spouses (K-4) of U.S. citizens. These visas allow children to enter the United States while their parent’s immigration case is being processed. This article provides an in-depth overview of the K-2 and K-4 visas, including eligibility requirements, application procedures, and important considerations for families.

The K-2 Visa: For Children of Fiancé(e) Visa Holders

Overview

The K-2 visa is intended for the children of foreign nationals who have been granted a K-1 fiancé(e) visa. The K-1 visa allows a foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage. The K-2 visa allows the children of the K-1 visa holder to accompany or join their parent in the United States.

Eligibility Requirements

To qualify for a K-2 visa, the following conditions must be met:

• Parent’s K-1 Status: The child’s parent must have an approved K-1 visa. The K-2 visa is directly tied to the K-1 visa, meaning that if the parent’s K-1 visa is denied, the child’s K-2 visa will also be denied.
• Age Requirement: The child must be under 21 years of age and unmarried at the time of the visa application.
• Relationship Proof: Sufficient evidence must be provided to establish the parent-child relationship. This typically includes birth certificates, adoption papers (if applicable), and other relevant documentation.

Application Process

1. Petition Filing: The U.S. citizen fiancé(e) files a Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form must include information about the K-2 eligible children.
2. Visa Application: Once the I-129F is approved, the case is forwarded to the National Visa Center (NVC), which processes the K-2 visa application. The child must complete Form DS-160, the Online Nonimmigrant Visa Application, and attend a visa interview at the U.S. Embassy or Consulate.
3. Medical Examination: The child must undergo a medical examination conducted by an approved physician.
4. Visa Issuance: If the visa application is approved, the K-2 visa is issued, allowing the child to travel to the United States.

Important Considerations

• Marriage Requirement: The K-1 visa holder (parent) must marry the U.S. citizen petitioner within 90 days of entering the United States. Failure to do so will render both the K-1 and K-2 visas invalid.
• Adjustment of Status: After the marriage, 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, with USCIS.
• Travel Restrictions: Until the adjustment of status is approved, the K-2 visa holder may face travel restrictions. It is advisable to apply for advance parole (Form I-131) before traveling outside the United States to avoid abandonment of the adjustment application.

The K-4 Visa: For Children of Spousal Visa Holders

Overview

The K-4 visa is designed for the children of foreign nationals who are married to U.S. citizens and have been granted a K-3 visa. The K-3 visa allows the foreign spouse of a U.S. citizen to enter the United States while their immigrant visa petition is being processed. The K-4 visa allows the children of the K-3 visa holder to join their parent in the United States during this process.

Eligibility Requirements

To qualify for a K-4 visa, the following conditions must be met:

• Parent’s K-3 Status: The child’s parent must have an approved K-3 visa. The K-4 visa is dependent on the K-3 visa, so if the parent’s K-3 visa is denied, the K-4 visa will also be denied.
• Age Requirement: The child must be under 21 years of age and unmarried at the time of the visa application.
• Relationship Proof: Evidence of the parent-child relationship must be provided, similar to the K-2 visa process.

Application Process

1. Petition Filing: The U.S. citizen spouse files two petitions: Form I-130, Petition for Alien Relative, and Form I-129F, Petition for Alien Fiancé(e). The K-4 eligible children should be listed on both forms.
2. Visa Application: After the I-129F is approved, the case is processed by the NVC. The child must complete Form DS-160 and attend a visa interview at the U.S. Embassy or Consulate.
3. Medical Examination: The child is required to undergo a medical examination by a designated physician.
4. Visa Issuance: Upon approval, the K-4 visa is issued, allowing the child to enter the United States.

Important Considerations

• Immigrant Visa Petition: The K-3 and K-4 visas are nonimmigrant visas, but they are intended to facilitate the transition to permanent residency. The U.S. citizen petitioner must have filed Form I-130 for both the spouse and the child. Once the I-130 is approved, the K-4 visa holder can apply for adjustment of status using Form I-485.
• Validity and Renewal: The K-4 visa is typically valid for two years or until the child turns 21, whichever comes first. It can be renewed if the parent’s immigrant visa petition is still pending.
• Travel and Work Authorization: K-4 visa holders may apply for work authorization (EAD) and advance parole to travel outside the United States while their adjustment of status is pending.

Differences Between K-2 and K-4 Visas

While both the K-2 and K-4 visas are designed for the children of foreign nationals engaged to or married to U.S. citizens, there are key differences between the two:

• Parental Relationship: The K-2 visa is for children of a K-1 fiancé(e) visa holder, while the K-4 visa is for children of a K-3 spousal visa holder.
• Purpose: The K-2 visa allows children to accompany their parent to the United States before the parent’s marriage to a U.S. citizen. The K-4 visa allows children to join their parent while their parent’s immigrant visa petition is being processed.
• Adjustment of Status: Both K-2 and K-4 visa holders are eligible to apply for adjustment of status to become lawful permanent residents. However, the process and timing may differ based on the parent’s immigration status.

Conclusion

The K-2 and K-4 visas are crucial components of the U.S. immigration system, designed to keep families together during the often lengthy and complex immigration process. Understanding the eligibility requirements, application procedures, and important considerations for each visa is essential for families navigating this process. By being well-prepared and informed, U.S. citizens and their foreign spouses or fiancés can successfully bring their children to the United States, ensuring a smoother transition to their new life together.