Immigration Law Questions? Ask an Immigration Lawyer.
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.
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