Experienced Legal Support In Immigration Law & Criminal Law

photo of attorney Davis M. Tyler
  1. Home
  2.  → 
  3. Uncategorized
  4.  → Does a K-1 visa allow kids entry into the U.S.?

Does a K-1 visa allow kids entry into the U.S.?

| Mar 31, 2021 | Uncategorized

Kentucky and other states require U.S. citizens who want to bring their foreign fiance into the country to file Form I-129F. This is referred to as a Petition for Alien Fiance(e). This is the first step in them being able to obtain a K-1 non-immigrant visa. If you have foreign-born children you want to bring into the United States too, they will need their own visas.

Understanding the K-1 visa

The K-1 non-immigrant visa, known informally as the fiance visa, is available for those who intend to marry a U.S. citizen after they enter the United States. The marriage must take place within 90 days of you arriving in the United States as a K-1 non-immigrant. To be awarded the K-1 visa, you must have a bona fide intent to create a life with your sponsor.

Understanding the K-2 visa

If you’ve applied for a K-1 visa and you have children who are unmarried and under the age of 21 years old, they may be eligible to come with you. You’ll need to complete an application for a K-2 non-immigrant visa on behalf of your child or children. It’s important to note that your children may not enter the United States until you do or after you do.

Green card eligibility

Once you are married within the first 90 days that you enter the United States, you may apply for a permanent residence or green card. Your children who came with you may also apply for a green card. However, your children must remain unmarried throughout the application process.

If you’re considering applying for a K-1 visa to move to the United States with your fiance, then the topic of your children is an important one. The United States government allows unmarried children who are under the age of 21 years old to travel with their parents under a K-2 visa status. Be sure that you apply for their K-2 status when you submit your K-1 application. If you have questions, an attorney may assist you.