US K2 and K4 Visa
What is a K2 visa?
The K-2 non-immigrant 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 step-parent/stepchild relationship must be created before the child reaches the age of 18.
K2 Visa Benefits
- The child doesn't need a separate I-129F application from Thailand
- The visa for the child will be approved at the same time as the Thai fiancée at the US Embassy in Bangkok
- Reside in the U.S. with the parent while waiting for the marriage of his K-1 parent.
- The child is allowed to study in the U.S. on K-2 visa and/or apply for Employment Authorization I-765.
- Cheaper and faster processing is needed compared to I-130 petition of Alien Relative.
K2 Visa Requirements
- The child must be under 21 years old at the time the visa will be issued at the US embassy in Thailand.
- The unmarried child of a K1 applicant.
What is a K4 visa?
The K4 visa is non-immigrant 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.
K4 Visa Benefits
- The child doesn't need a separate I-129F application.
- The visa for the child will be approved at the same time as the Thai Spouse at the US Embassy in Bangkok
- The child will be allowed to live in the US while waiting for the immigrant visa processing
- Travel outside of the U.S. on short trips and return.
- The child is allowed to study and/or apply for Employment Authorization I-765
K4 Visa Requirements
- The child must be under 21 years old of a qualified K-3 visa applicant.
- The child must be unmarried