Fiancee Visa

A K2 visa allows the child of a foreign fiance to enter the U.S. while awaiting the availability of an immigrant visa.  The K2 visa holder has up to a year following the entry of the K1 parent to enter the U.S., but cannot enter before the K1 parent.  To be eligible for a K2 visa, an applicant must be 1) under 21 years old; 2) the unmarried child of a K1 visa applicant; 3) seeking to immigrate to the U.S.

In addition to being able to reside in the U.S. while waiting for the K1 parent to marry, a K2 visa holder will be able to obtain employment by filing a request for work authorization or Form I-765 and go to school.  An application to obtain a green card, Form I-485, can be filed by the K2 holder after the K1 parent and the U.S. citizen fiance marry.  A conditional green card will be issued to the K2 holder because the K1 parent and U.S. citizen would have been married 2 years or less.  This will require that a Petition to Remove the Conditions of Residence, Form I-751, be  subsequently filed.  If permanent residence is acquired at the same time as the K1 parent, or within 90 days afterwards, the K1 parent and K2 holder may file a joint petition to lift the conditions of their status.  If, however, permanent residence was obtained more than 90 days after the K1 parent, the K2 holder may file a separate petition.  Citizenship may be obtained by the K2 holder five years following the grant of adjustment of status.

Those with K2 status are permitted to remain in the U.S. for 90 days from the date of their entry.  If their K1 parent does not marry their U.S. citizen fiance, the K2 visa holder will be required to depart the U.S. within 30 days.