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K-1 Fiancé(e) Visa-Holders: Bringing Your Children With You to the United States

January 26, 2014 by Thomas Geygan

Child            Obtaining a K-1 fiancé(e) visa can be a tricky process, but it certainly can be done as smoothly as possible if you follow all of the rules and regulations of United States Citizenship and Immigration Services (USCIS).  When you have children you wish to bring with you to the United States, you must follow additional steps to meet the requirements of United States immigration law.  While you can fill out the required forms yourself, it is best to consult with an immigration attorney to make sure you know exactly what you are supposed to do.  Applications are denied all too often for the smallest mistakes.  An immigration attorney can help you avoid making those mistakes that can make or break your application.

What Do I Need to Do to Bring My Children With Me to the United States?

In order to bring your children to the United States, each of them will have to apply for what is called a K-2 visa.  The process is nearly identical to the process for obtaining a K-1 fiancé(e) visa, so long as certain requirements are met for being a qualified child.  Additional forms must be filled out to verify the children are lawfully in the custody of the K-1 visa-holder.

In order for a child to qualify, the child must be under the age of 21, and unmarried.  The child does not have to be the biological child of the United States citizen fiancé(e) or of the K-1 visa-holder.  The child may be adopted, or could be a child born out of wedlock.  As long as the home country recognizes that the K-1 visa-holder has legal custody of the child(ren), the USCIS will also recognize that the K-1 visa-holder is the legal parent of the child, but documentation of the legal parent-child relationship must be provided to USCIS.  Such proof can be provided in the form of a birth certificate, adoption certificate, or any other valid, original document showing that the K-1 fiancé(e) visa-holder has legal custody of the child.

Further, you may be required to provide additional documentation, such as photographs of the children, medical records, and passports.  Any documents you have that provide proof that you are the legal parent of your child will help USCIS process and approve your application quickly.

What Happens After My Children Obtain K-2 Visas?

Once you have completed the application process for both the K-1 fiancé(e) visa and the K-2 visa for your child(ren), and USCIS has approved your application, you will be able to enter the United States lawfully along with your children.  Always remember that the purpose of obtaining a K-1 fiancé(e) non-immigrant visa in addition to a K-2 visa for accompanying children is to ultimately petition for permanent resident status after marrying your United States citizen fiancé(e).  Therefore, the visa process can be looked at in terms of the gateway to establishing your life in the United States.  The more organized you are when applying for the visas, the better off you will be when you eventually apply for permanent resident status based on marriage.

Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation

If you or your fiancé(e) has applied for, or already has obtained, a K-1 fiancé(e) non-immigrant visa, and you wish to bring children to the United States, you will need the assistance of experienced legal counsel to ensure you fill out the proper paperwork in accordance with United States immigration law.  The immigration attorneys of Geygan & Geygan, Ltd. have helped their clients through the process of obtaining the required visas in order to enter the United States legally.  If you wish to discuss any immigration matter, call the skilled attorneys of Geygan & Geygan, Ltd. at (513) 791-1673 to schedule your free consultation.

Filed Under: K-1

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