Yes! Once you have petitioned and your fiancé has been approved to submit a K-1 visa application, your fiancé’s children may apply for a K-2 visa in order to travel to the U.S. with her. To apply for a K-2 visa, you must have an approved fiance visa petition, and the children must be under the age of 21 and unmarried. Unlike already-married couples applying for green cards, you do not need to show that your marriage will take place before your fiancé’s children turn 18.
The process for a K-2 visa is very similar to the K-1 visa process. The first step is for you, the U.S. citizen petitioner, to include the children’s names on Question 14 of the K-1 visa petition. Your fiancé’s children will then need to fill out the extra sets of the required forms sent by the consulate. Each of your fiancé’s children will need to prove that:
- She is not inadmissible;
- She will be financially supported; and
- She is the child of the K-1 immigrant, usually with a birth or adoption certificate.
After you and your fiancé are married, your fiancé’s children may apply for green cards along with her. It is important to remember that your fiancé’s children must be under age 21 and unmarried when they enter the U.S. on their K-2 visas. Unlike other visas, K-2 children are not protected under the Child Status Protection Act from loss of visa rights caused by turning 21 before they enter the U.S. Fortunately, if you and your fiancé plan ahead and alert immigration officials to the child’s upcoming 21st birthday, they are often able to work with you to speed up the process.