Sunday, January 23, 2011

How to bring children of a foreign fiancee into the USA

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. The American citizen petitioner, must make sure that s/he names 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 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later within one year from the date of issuance of the K-1 visa to his/her parent.  If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.
Key points:
  • The child must be unmarried.
  • The stepparent/stepchild relationship must be created before the child reaches the age of 18.
For further information about child dependents of K-1 fiance(e) visa applicants, please visit www.myfianceevisa.com