How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Immigration Law question
Type Your Immigration Law Question Here...
characters left:
2 Immigration Lawyers are Online Now

K2 Visa Questions

The K-2 visa falls under the non-immigrant visa category and is a visa that allows the children of a K-1 fiancé (e) visa holder to enter the United States and wait to get an immigrant visa. To qualify for a K-2 visa, an applicant needs to be less than 21 years of age, an unmarried child of the K-1 visa holder, and trying to immigrate to the U.S. K-2 visa holders can’t change to another non-immigrant status, and they are not allowed to enter the country if they have been barred temporarily for violation of immigration laws.

Listed below are a few questions answered by the immigration lawyers on K-2 visa related issues.

I am currently based in the U.S. and had applied for a K-2 visa for my daughter who was 20 years old at the time. Now that she’s reached 21 years of age, can I still get a K-2 visa for her or get an extension on the K-2?

Unfortunately, the answer is no. Your daughter should have entered the U.S. on a K-2 visa before she turned 21. Your next step now is to file a petition for her using Form I-130 and it may take a few years for her to enter.

I’m trying to file my taxes and the W7 form instructions say that I need to submit current passports of my wife and son to prove their identity. Will it become a problem since their K-1 and K-2 visa stamps have expired? Also, do I need to submit our marriage certificate as proof of marriage?

There should be no problem if the visa stamps have expired. The stamps allowed their entry into the country and but do not control their legal status while residing in the U.S. You should be able to send in your marriage certificate as proof of your marriage.

I am applying for a K-1 visa for my fiancée. She has a daughter in the U.S. who is under 21 years of age and has an F-1 visa. We want to get her a Green Card after we get married. Do we need to apply for a K-2 visa for the daughter or will her F-1 suffice?

Since the daughter is here legally, she doesn’t need to leave the U.S. and get a K-2 visa abroad. You can file the I-130 petition as long as she maintains her F-1 status. She can also file the I-485 adjustment of status along with her mother at the same time, as long as you are married by then. Also, you don’t have to file the I-130 for the mother. You just need to do it for the daughter when she files to adjust her status.

I entered the U.S. on a K-2 visa and later got a conditional Green Card. Now that my parents are going through a divorce, can I stay on in the country legally even after the divorce takes place?

Your status would depend upon which parent gets custody. Your visa could get rescinded if the parent who is conditionally here gets custody. If the U.S. citizen parent gets custody, your visa should not be affected.

K-2 visa holders are allowed to study in the U.S. They can also get permission from USCIS to start working in the country. To get Employment Authorization, they need to file Form I-765 with the USCIS service centre which covers the place of residence of the K-2 visa holder in the U.S. Finally, K-2 visa holders cannot apply for an extension of stay on their visa. If their K-1 visa parent does not marry a U.S. citizen within 90 days of the K-2 visa holder coming to the U.S., they are required to leave the country.
Ask a Immigration Law question
Type Your Immigration Law Question Here...
characters left:
2 Immigration Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18393
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8491
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3848
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)