Children and the K1 Visa
Your fiancée may already have children that he or she wishes to bring to the US. If these children are under 21 years of age and are not married, you and your fiancée must obtain a K-2 visa for each child who will relocate. Remember that children are not automatically approved to relocate and pursue a green card in the US just because your fiancée’s K1 visa is approved.
You must apply for a K-2 visa for each child after obtaining approval on Form I-129F, petition to bring a foreign fiancée to the US. You must list any children who will immigrate with the parent on the K1 visa form. Keep in mind that you will need to pay application fees for each K-2 visa, as well as fees for medical examinations, vaccines, and travel costs for children who will also immigrate and pursue the K1 visa.
If your fiancée’s children do not wish to move to the US immediately, they can wait to apply for K-2 visas and relocate to the US. However, in order to be eligible for K-2 visas, they must enter the US and take up permanent residence no later than one year from the date your future spouse’s K1 visa was approved. Of course, children can also enter the US with your fiancée.
After you are married, you must file separate applications for adjustment of status for your spouse and each of his or her children, in order for them to gain LPR status. Even if children turns 21 in the US before becoming LPRs, they can still file for adjustment of status if they were under 21 years of age when they received their K1 and K2 visas.
In order to avoid crises with a child’s visa application, you are advised to work with an experienced fiancé visa lawyer or an experienced immigration attorney. An immigration attorney can guide your future spouse through the process of successfully relocating his or her family to the US, beginning with an application for a fiancée visa.
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