Children of the K-1 Visa holder may accompany him or her to the U.S. as well; this process requires preparing and filing for a K-2 derivative Visa. However, your children must meet specific requirements in order to come to the United States on a K-2 Visa.
Your children must be:
Legally recognized as your children
Unmarried
Under the age of 21
The term “children” does not only apply to your naturally born children. It may also include adopted children and those who were born out of wedlock. The United States will recognize your children legally if your home country recognizes them as yours.
Applicants for Green Cards who wish to bring their children to the United States must show that their children fit the definition of “stepchildren.” This involves showing that the marriage between the petitioner and foreign national took place prior to the children turning 18. However, this requirement is not necessary for a K-2 visa.
Sometimes an application for a K-2 Visa will be denied for a child who has already turned 18, but is not yet 21. However, in these circumstances, it is necessary to show proof that the child meets all of the requirements of a K-2 Visa. This includes being under the age of 21.
If your child is almost 21, then it’s necessary to quickly apply for a K-2 Visa. Your child must be unmarried and under the age of 21 until the day that they come to the United States. If your child is nearing the age of 21, it may be possible to speed up the K-2 Visa process. Contact a Fiancé Visa lawyer right away to get started.
Lozano Law Firm
5718 University Heights Blvd #104
San Antonio, TX 78249
(210) 899-2290
