Children of K-1 or K-3 Visa Holders Text Size:

There are many classifications for visa holders and their children. Often, the parent has a different type of visa then the child. For instance, a K-1 visa is a nonimmigrant visa classification for adults coming to the United States to marry a US citizen and reside in the US. A K-2 visa is the visa category for a minor child of a K-1 fiancé visa holder.

The same goes for a K-3 visa, which is a nonimmigrant visa classification for adults coming to the US to await the approval of the I-130 petition by US Citizenship and Immigration Services (USCIS) or the availability of an immigrant visa. The visa category for a child of a K-3 spouse visa holder is K-4 visa.

Children of K-1 and K-3 visa holders are dependent on these visa holders for their K-2 and K-4 status.

Children of K-1 Visa Holders

The K-2 nonimmigrant visa allows the child of a K-1 fiancé visa holder to enter into the US and await the availability of an immigrant visa. The child of a K-1 fiancé visa holder gets K-2 nonimmigrant visa status from a parent so long as the child is named in the parent's K-1 petition.

Therefore, a separate petition isn't required if the child accompanies or follows the fiancé within one year from the date of issuance of the K-1 visa. However after one year, a separate immigrant visa (I-130) petition for the child is required.

To be eligible for a K-2 nonimmigrant visa, an applicant must be:

• Less than 21 years old
• An unmarried child of a K-1 visa holder
• Awaiting to immigrate to the US

In order to get a K-2 visa, generally a child must attend an interview at the American Consulate. Some consulates don't require a child of K-1 visa holder to attend the interview if the child is below the age of 14. Some consulates require a child to attend even if the child isn't going to enter the US with the K-1 parent immediately, but will arrive later on.

The holder of a K-2 visa may:

• Reside in the US until K-1 parent's marriage
• Apply for Employment Authorization, using USCIS Form I-765, Application for Employment Authorization
• Study in the US
• Apply for adjustment of status (Form I-485) for a green card after the K-1 visa holder and US citizen are married

With a K-2 visa, the children of a K-1 fiancé visa applicant are permitted to stay in the US for a period of 90 days from the date of initial entry into the US.

The downside of the K-2 visa doesn't allow for travel outside the US because it is valid for one entry into the US. Also, the applicant isn't eligible to apply for extension of stay on K-2 visa. If the parent K-1 visa holder doesn't marry within 90 days, the child must leave the US within 30 days.

Children of K-3 Visa Holders

Similar to the K-2 visa, the K-4 visa allows the minor children of a K-3 spouse visa holder to enter the US and await the availability of an immigrant visa.

To be eligible for a K-4 nonimmigrant visa, an applicant doesn't need a separate Form I-130 or a Form I-129F filed on the child's behalf. Nonetheless, the K-4 applicant must:

• Be less than 21 years old
• Be an unmarried child of a K-3 visa holder
• Submit a completed Form I-693 (Medical Examination) when the child appears at the consulate to apply for the K-4 visa

You should be aware that the K-4 nonimmigrant classification doesn't provide a child with immigrant status. To obtain immigrant status, also known as Green Card or Permanent Residence, after a child in is the US, Form I-130 and Form I-485 must be filed on the child's behalf by the child's US citizen parent or stepparent.

A K-4 nonimmigrant will become a lawful permanent resident and receive their Green Card when both the Form I-130 petition and their Form I-485 application have been approved.

The USCIS regulations don't allow an individual who is already in the US under some other nonimmigrant category to change status to K-4 while in the US. However, there is nothing stopping the person from applying for a K-4 visa from abroad and reentering under that classification.

The holder of a K-4 visa may:

• Stay in the US
• Study in the US while waiting for the issuance of an immigrant visa
• Travel outside the US using an unexpired K-4 visa, even if they have filed for adjustment of status
• Apply for employment authorization by filing the Application for Employment Authorization
• Apply for adjustment of status

K-4 dependents are admitted to the US for a period of two years or until the day before their 21st birthday, whichever is shorter.

Following the two-year admission period, a K-4 nonimmigrant may apply to USCIS for an extension of stay in two-year increments. Generally, USCIS requires an individual who is seeking an extension of stay to have applied for adjustment of status or an application for an immigrant visa.

Questions for Your Attorney

• Since a K-2 visa holder can't travel outside the US, what options do I have if I need to go out of the country and want to bring my child with me?
• Is a K-2 visa holder allowed to study in the US?
• can a K-4 visa holder receive financial aid for education purposes?
• Can K-2 and K-4 visa holders work in the US? If so, are there any restrictions?
• What are the benefits and limitations of K-2 and K-4 visas?
• Are extensions of K-4 visas available if the child will reach age 21 during the extension period?

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