K-2 Visa for Children of a K-1 Fiancé(e)

How K-2 Children Derive Benefits from the K-1 Visa

When a Filipina (or any foreign fiancé(e)) is approved for a K-1 visa, her unmarried children under 21 may also immigrate to the United States.

These children receive a K-2 visa, which is directly connected to the parent’s K-1 petition.

Many parents misunderstand how this works — and mistakes here can permanently prevent a child from immigrating later.

What Is a K-2 Visa?

A K-2 visa is issued to:

The biological or legally adopted child of a K-1 beneficiary
Who is unmarried and under 21 years old

The K-2 is not a separate petition.
It is a derivative benefit of the approved I-129F.

Must the Child Be Listed in the I-129F?

Yes. This is critical.

If the child is not listed in the original I-129F petition, the child cannot receive a K-2 visa later.

Even if the child does not plan to travel immediately, they must still be listed.

Does the Child Need to Attend the Embassy Interview with the Parent?

No.

The child can:

• Attend at the same time as the parent, or
• Apply later, after the parent receives the K-1 visa

But the child must apply within one year of the K-1 visa issuance.

What If the Child Follows Later?

This is called Follow-to-Join.

The process is easier because:

• No new petition is required
• The approved I-129F covers the child

However, after one year, this option disappears and a new petition (I-130) will be required.

K-2 Age Rules (Very Important)

The child must be:

• Under 21 at the time of visa issuance
• Unmarried

If the child turns 21 before the K-2 visa is issued, they lose eligibility.

There is no forgiveness for aging out.

Required Documents for K-2 at the Embassy

• Birth certificate showing the K-1 parent
• Passport
• DS-160 confirmation
• Medical exam at St. Luke’s
• Visa photos
• Interview appointment

If the child is from a previous relationship, additional custody documents may be required.

After Arrival in the U.S.

Once the K-1 parent marries the U.S. citizen petitioner within 90 days:

The K-2 child may file for Adjustment of Status (Green Card) together with the parent.

The child does not need a separate petition from the step-parent at this stage.

Common Mistakes That Cause Big Problems

➛ Not listing the child in the I-129F
➛ Waiting more than one year for the child to apply
➛ Letting the child turn 21 before visa issuance
➛ Not having proper custody paperwork
➛ Assuming the child needs a separate petition immediately

What USCIS and the Embassy Want to See

They want to confirm:

• The child is truly the K-1 beneficiary’s child
• The child is eligible by age and marital status
• There are no custody or parental permission issues

Special Note on Custody (Philippines Common Issue)

If the child’s biological father is not the K-1 petitioner:

The embassy may require:

• Proof of sole custody, or
• Written permission from the biological father

Prepare this early to avoid delays.

Timeline Summary

Step	What Happens
I-129F filed	Child must be listed
K-1 approved	Child eligible for K-2
Parent interview	Child may attend or follow later
Within 1 year	Child must apply for K-2
Parent marries in U.S.	Child adjusts status with parent

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