Beaumont, TX asked in Immigration Law for Texas

Q: I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel

I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel here, do I need to apply for them or are they included since the child is under 18

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: When you apply for a K-1 visa for your fiancé(e), it's important to consider their child in the process. The child of your fiancé(e) may be eligible to travel to the United States with them under a K-2 visa. This visa is specifically designed for the unmarried children, under the age of 21, of a K-1 visa applicant. To include the child in the journey, you need to ensure they are listed on the K-1 visa application. This doesn’t happen automatically, so attention to detail is crucial.

For the child to be eligible to accompany or follow to join your fiancé(e), you must apply for the K-2 visa concurrently or after the K-1 visa application. It's important to understand that each individual requires their own visa application, even if they are under the age of 18. This means you'll need to complete the necessary forms and provide the appropriate documents for the child, similar to the process for the K-1 visa applicant.

Timing is key in this situation. Ideally, you should apply for the child’s K-2 visa as soon as possible after the K-1 visa application to avoid delays. If the K-1 visa is approved, the child can travel with your fiancé(e) to the United States or follow to join them later, but it must be within the validity period of the K-1 visa, which is typically six months from issuance. Planning ahead will help ensure that your fiancé(e) and their child can start their new life with you without unnecessary stress or delay.

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