The K-2 and K-4 visas are designed for the children of U.S. K-1 (fiancé(e)) and K-3 (spouse) visa holders, respectively. They allow eligible children to enter the United States with their parent, ensuring family unity during the immigration process. Understanding the eligibility, application steps, and documentation requirements is crucial for Thai applicants.
1. Overview of K-2 and K-4 Visas
K-2 Visa
- Purpose: For unmarried children under 21 years old of K-1 visa holders (fiancé(e) of a U.S. citizen).
- Benefit: Allows children to accompany their parent to the U.S. and apply for permanent residency after their parent’s marriage.
K-4 Visa
- Purpose: For unmarried children under 21 years old of K-3 visa holders (spouse of a U.S. citizen).
- Benefit: Enables children to join their parent in the U.S. while awaiting approval of an immigrant visa petition (I-130).
2. Eligibility Requirements
For K-2 Applicants:
- Must be the child (biological or legally adopted) of a K-1 visa applicant.
- Must be under 21 and unmarried at the time of entry into the U.S.
- The K-1 parent must marry the U.S. citizen petitioner within 90 days of arrival.
For K-4 Applicants:
- Must be the child of a K-3 visa applicant and under 21.
- Must remain unmarried until the immigration process is complete.
- The parent’s marriage to the U.S. citizen must be legally recognized.
3. Application Process
Step 1: Filing the Petition
- For K-2: The U.S. citizen fiancé(e) files Form I-129F (Petition for Alien Fiancé(e)) with the U.S. Citizenship and Immigration Services (USCIS). The children are included in this petition.
- For K-4: The U.S. citizen spouse files Form I-130 (Petition for Alien Relative) for the K-3 visa holder and any children. They may also file Form I-129F for the children.
Step 2: Approval and Visa Application
Once the petition is approved:
- National Visa Center (NVC) forwards the case to the U.S. Embassy in Bangkok.
- Each child must complete Form DS-160 (Online Nonimmigrant Visa Application).
Step 3: Visa Interview
- The parent and children attend an interview at the U.S. Embassy.
- Required documents:
- Valid passports.
- Birth certificates.
- Medical examination reports.
- Police clearance certificates (if over 16 years old).
- Proof of relationship to the parent.
Step 4: Visa Issuance and Entry
If approved, the child receives a visa to enter the U.S. They must travel with or after the K-1 or K-3 parent.
4. Adjustment of Status
K-2 Visa Holders:
- After the K-1 parent marries the U.S. citizen, the child can apply for a Green Card by filing Form I-485 (Application to Register Permanent Residence).
K-4 Visa Holders:
- Can also file Form I-485 to adjust status. The process is usually synchronized with their parent’s application.
5. Key Considerations
- Age and Marital Status: Children must remain under 21 and unmarried throughout the immigration process.
- Travel Restrictions: K-2 and K-4 visa holders cannot re-enter the U.S. if they leave without a valid re-entry permit.
- Validity: K-2 and K-4 visas are valid for up to 2 years or until the child turns 21, whichever comes first.
Conclusion
The K-2 and K-4 visas provide a critical pathway for children of K-1 and K-3 visa holders to accompany their parents to the United States. By understanding the process and ensuring all requirements are met, Thai applicants can navigate this complex immigration route effectively, facilitating family reunification and a smooth transition to permanent residency.