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Children and the K1 Visa

 

Your fiancée may already have children that he or she wishes to bring to the U.S. If these children are under 21 years of age and unmarried, you and your fiancée must obtain a K-2 visa for each child who will relocate.

Keep in mind that children are not automatically approved to immigrate and pursue a Green Card in the U.S. just because your fiancée’s K-1 visa is approved.

You must apply for a K-2 visa for each child after obtaining approval on Form I-129F, the petition to bring a foreign fiancée to the U.S. You must list any children who will immigrate with their parent on the K-1 visa form.

Additionally, be aware 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 the children immigrating under the K-1 visa process.

E2 VISA

If your fiancée’s children do not wish to move to the U.S. immediately, they can wait to apply for K-2 visas and relocate at a later time. However, to remain eligible for K-2 visas, they must enter the U.S. and establish permanent residence no later than one year from the date your fiancée’s K-1 visa was approved.

Of course, children may also enter the U.S. at the same time as 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 obtain Lawful Permanent Resident (LPR) status. Even if a child turns 21 while in the U.S. before becoming an LPR, they can still file for adjustment of status as long as they were under 21 years of age when they received their K-1 and K-2 visas.

To avoid complications with a child’s visa application, it is strongly recommended that you work with an experienced fiancé(e) visa lawyer or immigration attorney. A skilled immigration attorney can guide your future spouse through the process of successfully relocating their family to the U.S., starting with the application for a fiancé(e) visa.

Consultation: (800) 637-6178 US: (619) 677-5727 From Canada: (800) 637-6178. All numbers go to the same line. From Italy: 0689385848, and From England: 2033710984

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