K-2 | Foreign-Citizen Finacé(e) Child

Form K-2, Foreign-Citizen Finacé(e) Child, is used to apply for a K-2 visa which allows children of a K-1 finacé(e) visa holder to enter into the United States with their parent. The applicant must be under the age of 21 and be an unmarried child of the K-1 applicant in order to qualify.

In addition, you will need to show proof of relationship:

Genetic mother or a non-genetic legal gestational mother
  • A copy of your child’s birth certificate issued by civil authorities
Genetic father
  • A copy of your child’s birth certificate issued by civil authorities
  • A copy of your marriage certificate to the child’s or a genetic or legal gestational mother
  • If you and/or the genetic or legal gestational mother are no longer married, you must also submit evidence of the legal termination of that marriage through death, divorce, or annulment.
  • If you never married the child’s mother before the child turned 18:
    • If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information
    • If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life.
 Step-parent (step-mother or step-father)
  • A copy of your step-child’s birth certificate issued by civil authorities
  • A copy of your civil marriage certificate to your step-child’s genetic or legal gestational parent
  • Proof of the legal termination of all previous marriages for you and/or the genetic parent or legal gestational mother (divorce decree, death certificate, annulment decree)
Adoptive parent (adoptive mother or adoptive father)
  • Copy of child’s original birth certificate
  • Copy of the final adoption decree
  • Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree)
  • Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control)

Qualifications

  • If you are a U.S. citizen, you may apply for:
  • Children (unmarried and under 21)
  • Unmarried sons and daughters (21 or over)—your son or daughter's child(ren) may be included on this petition
  • Married sons and daughters (any age)—your son or daughter's spouse and/or child(ren) may be included on this petition
  • If you are a permanent resident, you may apply for:
  • Children (unmarried and under 21)—your child's child(ren) may be included on this petition
  • Unmarried sons and daughters (21 or over)—your son or daughter's child(ren) may be included on this petition

What You'll Need

  • Form DS-160 (completed online) submitted with a recent photograph
  • Passport (valid, if applicable)
  • Copy of birth certificate
  • Completed Form I-134, Affidavit of Support and sponsor documents
  • Medical exam
  • Form I-130, Petition for Alien Relative (signed with proper fee)
  • Evidence of your U.S. citizenship:
  • A copy of your U.S. birth certificate OR
  • A copy of your unexpired U.S. passport OR
  • A copy of Consular Report of Birth Abroad OR
  • A copy of your naturalization certificate OR
  • A copy of your certificate of citizenship
  • If you are a permanent resident, you must demonstrate your status with:
  • A copy (front and back) of Form I-551 (Green Card) OR
  • A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence
  • If your name or your child's name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)
  • Proof of relationship (see chart above)

Questions? Contact us.

Whatever your immigration issue may be, we are here to help. Our team of attorneys and staff work hard to help you reach your goals.

FAQs

Is there a fee to file the K-2?

There are several possible fees associated with filing the K-2: firstly, the I-129F filing fee of $535, a possible biometrics fee of $85, and finally a possible fee from the embassy of $265. If you apply online, you can also pay online. If you pay by mail, then you can pay via money order, personal check, cashier’s check, or by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

How can I file my K-2 form?

You can file your form online or by mail. Filing online allows you to:

  • Pay your filing fee online
  • Check the status of your case
  • Receive notifications and case updates
  • View personalized case completion date estimates
  • Respond to requests for evidence
  • Manage your contact information, including updating your address

 

You can create an account to file online. You can also mail your form to your region’s designated USCIS office.

Of course, you can choose to manage your case independently. However, working with immigration experts can help you navigate the process and provide guidance throughout.

You may be represented, at no expense to the U.S. government, by an attorney or other duly authorized representative. Your representative must submit Form G-28, Notice of Entry or Appearance as Attorney or Representative. Your representative may also submit Form G-28 at the time of your interview.

Why should I work with ImmigrationUSA?

Immigration issues can be quite complicated. Combine that with the current rate of change in U.S. policies, it can be hard to keep up. Our team puts their experience to work for you and your particular situation. We work hard to stay on top of policy changes and are prepared for changes down the line. We offer patented online software, MyEsq, that streamlines the filing process and makes our knowledgeable team of lawyers just a click away.

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