If your Fiancée has children they can come with her to the United States with a K-2 Visa which is automatically granted upon the granting of your Fiancé’s K-1 Fiancée Visa.
CHILD:
- younger than 21 yeas old;
- unmarried;
- seeking to immigrate to the U.S.
K-1 children may stay in the U.S. on K-2 visa for a maximum period of 90 days from the date of entry. If you and your Fiancé(e) do not marry within 90 days, K-1 children must depart the U.S. together with your Fiancé(e).
Documents needed for K-2 visa:
- younger than 21 yeas old;
- unmarried;
- seeking to immigrate to the U.S.
You need to know:
Generally an interview is required at the American Consulate. Some consulates do not require a child of your Fiancé(e) to attend if s/he is below the age of 14. Many consulates require a child to attend even if s/he is not going to move to the U.S. with K-1 parent immediately, but will follow later.
The cut-off date for issuance of a K2 visa is 1 year from the date of the K-1 visa issuance to the principal alien. K-1 and K-2 visas are valid for one entry into the U.S. at any time within the next six months.
The child of a K-1 principal alien may acquire K-2 status even after the principal alien has married American Citizen Petitioner and acquired lawful permanent resident status in U. S.
Some countries require that the non-custodial parent be advised of the pending departure of his/her minor child and must give written and notarized permission to the mother/father stating that he/she is giving the child permission to reside permanently abroad (in the United States). By granting permission, the non-custodial parent does not have to pay any further support for the child if he is doing so. This can be a very complicated matter, so we suggest that you don't do anything in this area until we have had a chance to speak with your Fiancée about it.
