Children of K1 and K3 Visa holders can immigrate with their parents to the US through K Visa derivatives namely K2 visa from K1 Visa and K4 Visa from K3 Visa. The children however need to meet certain qualifications in order to be granted the visa.

The K-2 nonimmigrant visa allows the child of a K-1 fiancé visa holder to enter into the U.S. and await the availability of an immigrant visa.  This is one of the benefits of the K1 visa- it allows derivative beneficiary.

The child of a fiancé (e) may receive a derivative K-2 visa from his/her parent’s fiancé (e) petition. You, the American citizen petitioner must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form  I-485  Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé (e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé (e) within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that as required by the immigration law, the child must be unmarried and that the stepparent/stepchild relationship must be created before the child reaches the age of 18.

1. The child doesn’t need a separate I-129F application from Thailand
2. The visa for the child will be approved at the same time as the Thai fiancée at the US Embassy in Bangkok
3. Reside in the U. S. with the parent while waiting for the marriage of his  K-1 parent.
4. The child is allowed to study in the U.S.  on K-2 visa and/or apply for Employment Authorization I-765.
5. Cheaper and faster processing is needed compared to I-130 petition of Alien Relative.

1. The child must be under 21 years old at the time the visa will be issued at the US embassy in Thailand and right up to the day they enter the US.
2. The unmarried child of a K1 applicant.

The K4 visa is nonimmigrant visa which allows the children of K-3 spouse visa holder to enter into the U. S. and await the availability of an immigrant visa.

The K4 Visa is intended for the child of a K3 Visa applicant who desires to bring Thai Spouse’s child to the US from Thailand.  The K4 application can be made at the same time as the filing of the K3 Spouse Visa application in Thailand.

1. The child doesn’t need a separate I-129F application.
2. The visa for the child will be approved at the same time as the Thai Spouse at the US Embassy in Bangkok
3. The child will be allowed to live in the US while waiting for the immigrant visa processing
4. Travel outside of the U.S. on short trips and return.
5. The child is allowed to study and/or apply for Employment Authorization I-765

• The child must be under 21 years old of a qualified K-3 visa applicant.
• The child must be unmarried

1. What happens when the child of the Thai Fiancée or Thai Spouse arrives in the US?

After the visa petition has been approved and you and your children are ready to submit your paperwork for your green cards, each child must submit his or her own application. You must file for the I-130 petition within 90 days to apply for permanent resident status.

2. What should I do after filing the I-130 petition?

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files an I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

3. What if the Thai Fiancée or Spouses child is over 21 years of age or married? 

Children who were over age 21 when their visa petition was filed, or who don’t qualify as   stepchildren or are married, will not be able to immigrate to the United States at the same time as you. As a U.S. Citizen, your spouse may file visa petitions for them if they are his or her biological children or legal stepchildren, but they will be subject to quotas and waiting periods.  

4. What if I don’t apply for my child at the same time as the K1 or K3 Visa in Thailand?

The petitioner must file a separate petition for each child.

5. What if I don’t file the adjustment of status for the child at the same time as mine?

K-2 visa for a maximum period of 90 days from the date of entry and you may apply for K2 visa adjustment of Status after you parent K-1 visa holder and U.S. citizen are married or before 90 days K-2 visa expire.

K-4 visa, you may file for Adjustment of Status at any time following the approval of your From I-130, Petition for Alien Relative.

6. What are the limitations of K-2 visa?

• K-2 visa may not change to any other nonimmigrant status.
• Enter into the U.S. if you have been temporarily bared for previous violation of the U.S. immigration laws.

7. How long can K-1 children stay on K-2 visa?

K-1 children may stay in the U.S. on K-2 visa for a maximum period of 90 days from the date of entry. If your parent K-1 visa holder and U.S. citizen do not marry within 90 days, you must depart the U.S. within 30 days.

8. How long can K-3 children stay on K-4 visa?

The K-4 visa is valid for two years with multiple entries, or until the age of 21, whichever is shorter.

9. What are the fees involved for the K2 and K4?

• Nonimmigrant visa application processing fee
• Medical examination (costs vary from post to post)
• Fingerprinting fees, if required
• Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview. Costs vary from country to country and case to case.
• Filing  Form I-485 Application to Register Permanent Residence or to Adjust Status