The K1 visa has become popular due to the TV show 90 Day Fiancé, but it’s not the only visa out there. The K2 visa is the K1’s partner; it allows the child (or children) of the immigrant fiancé(e) to have the same limited citizenship as their parent. They must go through many of the same legal processes and receive approval from the U.S. member of the arrangement. But there are also some important differences between the two visas; here are just a few.
1. K1 Is for Couples; K2 Is for Kids
The biggest difference between the K1 visa and the K2 visa lies in who each one is for. A K1 visa is for the fiancé(e) living in a foreign country. A K2 is for a child belonging to the K1 fiancé(e). The children must be mentioned when applying for the K1 visa; contact your consulate if you did not receive a K2 form and have kids. Both types of visas have a strict 90-day limit and require applying for a green card afterward.
2. The K2 Has an Age Limit
If a child can be legally considered an adult, they might not be eligible for a K1 visa. Children over 21 cannot apply for a K2, even if their parent is applying for a K1. You can expedite getting a K2 if your child is 20 years old (and will “age out” of the visa). The K1, however, has no such limit. Ask about other types of visas if your child is over 21 or might outgrow the K2.
3. K2 Children Must Be Unmarried
An important stipulation of the K1 visa is that all previous marriages must be annulled before the fiancé(e) can apply; the technical term is “free to marry.” Similarly, a child wishing to come over on a K2 must not be married. You may need to hire an immigration lawyer if you do not meet this qualification but want to live with your parent.
4. K2 Children Must Have Proof of Relationship
Here is some good news: if the immigrant fiancé(e) adopted a child, they can probably come to the United States with a K2 visa. All the parent must do is show proof of the relationship. Birth certificates and adoption certificates are both valid for this visa. The situation with foster children is a little more complicated. But as long as the home country recognizes the young, unmarried children as belonging to the fiancé(e), they probably qualify for a K2.
Conclusion
Many of the requirements are similar between the K1 and K2 visas. There are, however, a few differences that aspiring couples must remember. The biggest difference is that the K2 is for kids; if the child legally belongs to the fiancé(e), they can probably fill out a K2. However, the K2 is only valid for children under 21 who are not currently married. You may need to contact an immigration lawyer if you miss some of these requirements and wish to live in America!
