Question:
I entered U.S. with K-1 visa
to marry a US citizen. I have a son in my home country. What I should do to bring
my son to US after my marriage to a U.S. citizen?
Answer:
The K-2 visa is for children of alien fiancée. You son can
apply for K-2 visa to enter U.S. The cut-off date for issuance of a K-2
visa is 1 year from the date of the issuance of your K-1 visa. After 1
year, the filing of an immediate relative or second preference
immigrant visa petition would be required for the children.
All children under 21 years old and unmarried of the alien
fiancée classified K-1 must be listed on the K visa
petition. The children must be present at the interview. A marriage
certificate of the beneficiary along with the rest of the required
documentation must be provided as a requisite for the child's visa. The
child accompanying the K-1 beneficiary may acquire K-2 status even
after the beneficiary has married the U.S. citizen petitioner and
acquired lawful permanent resident status in the U.S.
To bring your son to the U.S. on a K2 visa after marrying a U.S.
citizen, you must include your son's information on the Form I-129F
petition when applying for your K-1 visa, ensuring he meets the
eligibility requirements (unmarried and under 21), then after marriage,
file Form I-485 to adjust his status to a green card once you are both
in the U.S; this means you must marry the U.S. citizen within 90 days
of entering the country on your K-1 visa to allow your son to apply for
a green card as a K-2 dependent.
It is importnt to remember that:
- K2 visa is for children of
K-1 visa holders: This visa is specifically for unmarried children
under 21 of a person who is entering the U.S. on a K-1
fiancé(e) visa.
- Include child on the I-129F
petition: When you file the Form I-129F petition to bring your
fiancé(e) to the U.S., you must also list your child's
details to include them in the K-2 visa application.
- Marriage requirement: To be
eligible for a green card on a K-2 visa, you must marry the U.S.
citizen within 90 days of entering the U.S
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