K2 & K4 Visa

If you're planning to move to the US with your family, you have various visa options in the K visa category. If you are engaged to your Thai partner, your foreign citizen fiancé(e) may be eligible for a 90-day K1 visa, and their eligible children can apply for dependent K2 visas. After you marry your partner, your family can apply for US lawful permanent residency through the Adjustment of Status (AOS) process.

Similar to the K2 visa, the K4 visa is a dependent visa issued to children of K3 spousal visa applicants. The K3 visa is less popular than the K1 fiancé(e) visa and other alternative spouse visas which provide a direct route to a green card. Because of this, the need for the K4 visas has diminished. Still, if processing times for CR1 and IR1 spousal visas are significantly delayed, the K3 and K4 visas can help minimize the time you and your family are separated.

The K2 visa and K4 visa are largely similar but do have some key differences. This article examines each derivative K visa in turn, including eligibility requirements, application processes, and immigration benefits.

K1 Visa and K2 Visa: Fiancé(e) and Dependent Children

What is a K2 Visa?

The K1 nonimmigrant visa allows your Thai fiancé(e) to stay in the US for up to 90 days to marry you and apply for permanent residency. Therefore, the K2 visa is a derivative visa for your fiancé(e)’s dependent children. Both K1 visa and K2 visa are valid for 90 days from arrival.

With a K2 visa, dependent children can either accompany their K1 parent to the United States or join them within a year of the parent's arrival.

After you and your fiancé(e) marry, your family can apply for green cards by requesting an Adjustment of Status to permanent residency.

K2 Visa Requirements and Eligibility Criteria

To sponsor a K2 dependent visa, you must be an American citizen, your fiancé(e) must apply or have applied for a K1 visa, and the applicant child should meet the following basic eligibility requirements:

• The applicant must be your fiancé(e)'s biological or legally adopted child.

• The child must be unmarried.

• They must be under the age of 21 when they enter the US.

• Your stepchild should have a clean criminal record.

• They should have a clean US immigration record.

• They must pass a medical examination.

You and your fiancé(e) must also have genuine plans to marry during the 90-day K-1 visa period.

How to Apply for the K-2 Visa

If you are applying for a K-2 visa on behalf of your future stepchild, you and your family must take the following steps:

Step 1: Filing the Initial Petition (Form I-129F)

The first step is for you, the US citizen fiancé(e), to file a Form I-129F, Petition for Alien Fiancé(e). You only need to file one form for the entire family if the child plans to relocate within one year of their parent. However, you must list the names of all K visa applicants on the Form I-129F.

United States Citizenship and Immigration Services (USCIS) will review your Form I-129F to determine if your fiancé(e), along with any included children, meet the eligibility requirements for the K1 visa and K2 visa. If USCIS needs more information, they may request additional documents known as a Request for Evidence (RFE). This is often necessary to verify the authenticity of your relationship with your Thai fiancé(e).

Step 2: Visa Application and Interview

Once USCIS has approved the Form I-129F, the case is forwarded to the National Visa Center (NVC) and then the US Embassy in Bangkok. At this stage, each K visa applicant must:

• Complete a Form DS-160, Online Nonimmigrant Visa Application, pay the embassy fee, and print the confirmation page.

• Undergo a medical examination performed by a government-authorized physician. K1 and K2 visa applicants are encouraged, but not required, to get all of the vaccinations necessary for a green card.

• Schedule the consular interview and gather supporting documentation to bring the appointment.

• Attend a visa interview at the US Embassy. Some applicants under the age of 14 may not be required to attend.

Step 3: Admission to the United States

If the K1 visa and K2 visa are approved, your fiancé(e) and their children will receive visas stamped in their passports and a sealed packet from the consular officer. They must not open the sealed packets. The packet should be presented to a Customs and Border Protection (CBP) agent at a US port of entry.

The visa itself does not guarantee entry into the country. Admittance is granted at the discretion of the reviewing CBP officer.

Your fiancé(e) and their children must enter the country within the validity period listed on their visa. K-2 children must enter the country alongside or after their K1 visa holder parent.

Step 4: Marriage and Adjustment of Status (AOS)

After entering the US, you and your K-1 fiancé(e) must marry within 90 days. If you do not get married in this time, your fiancé(e) and their children must leave the US.

If you marry within the 90-day period, your spouse and eligible stepchildren can apply for lawful permanent residence (LPR) by submitting Form I-485, Application to Register Permanent Residence or Adjust Status. It's important to note that your stepchildren must remain unmarried when applying for lawful permanent residence.

If you married the child's parent after the child turned 18, the K-2 child must apply for permanent residency before they turn 21. However, if you married the child's parent before they turned 18, they may be able to apply for permanent residency after their 21st birthday based on your stepparent/stepchild relationship. The K-2 visa holder must submit their AOS application at the same time as or after their parent submits theirs.

How Much Does the K-2 Visa Cost?

The primary fees associated with a K-2 visa application are:

• Form I-129F Filing Fee: This K-1 visa petition filing fee costs 675 USD and includes your petition for the K-2 visa(s).

• Form DS-160 Application Fee: You will need to pay the nonimmigrant visa fee for each applicant. This fee is 265 USD.

• Medical Examinations: Your fiancé(e) and their children will each need medical exams. These costs vary by country but typically range from 100 USD to 500 USD per person.

Please note that these are general estimates and fees can change. Be sure to check the current fees on the USCIS, Department of State, and US Embassy official websites.

K-2 Visa Processing Times

Compared to many other US visa types, the K-2 visa application process is generally faster. Most applicants can expect to receive a decision within several months to a year. However, processing times can vary based on USCIS current Form I-129F processing backlog and visa interview availability at the US Embassy in Bangkok.

Furthermore, inaccurate or incomplete applications can lead to extended delays, Requests for Evidence (RFEs), or even a visa rejection.

In 2024, the average processing time for K-2 visa applications from Thailand is around 9 months.

K-3 and K-4 Visas: Spouse and Dependent Children

What is a K-4 Visa?

If you're planning to bring your Thai spouse to the United States on a K3 visa, you can also include your dependent stepchildren on the same application. The K-4 visa allows your children to join you in the US and apply for permanent residency from within the country. This means your entire family can start a new life together sooner.

K-4 Visa Requirements and Eligibility Criteria

To bring your stepchild to the US on a K-4 visa, they must be:

• The biological or adopted child of your K-3 applicant or visa holder spouse.

• Under 21 years old.

• Unmarried.

• Dependent on their parent.

Lastly, you must have married your spouse before your stepchild turned 18. If you are only engaged to your Thai partner, your stepchildren cannot get K-4 visas. Instead, your fiancé(e) and their children should apply for the K1 visa and K2 visa (see above).

How to Apply for the K-4 Visa

To bring your stepchildren to the United States on K-4 visas, you must be a US citizen married to a foreign national spouse. As the American citizen sponsor, you must initiate the application process by filing two primary immigration forms with USCIS. These forms are:

• Form I-130, Petition for Alien Relative: This document establishes the relationship between you, your foreign spouse, and your stepchildren. This demonstrates your eligibility to petition for their immigration to the US.

• Form I-129F, Petition for Alien Fiancé(e): Although primarily used for fiancé(e) petitions, this form is also used for K-3 and K-4 visa applications. You should list each stepchild's name on this form when applying for K-4 visas. There's no separate petition required for K-4 visa applicants; their inclusion in the I-129F form is sufficient to start the process.

You can submit these forms concurrently or submit the Form I-130 first. If USCIS approves the I-129F petition before the Form I-130, they will forward it to the National Visa Center (NVC) for further processing of the K-4 application. However, if the I-130 is approved first, your spouse will be redirected through the IR-1 or CR-1 immigrant visa process and any K-4 applicant children will instead apply for IR-2 or CR-2 visas.

If the I-129F is approved and your family continues with the K visa application process, your stepchild must attend a medical examination and a consular interview with their parent. If the consular officer is satisfied with your spouse and stepchild(ren)'s application, they will be issued K-3 and K-4 visas, respectively.

If your stepchild is eligible, they may be able to apply to become a US lawful permanent resident through the Adjustment of Status process.

How Much Does the K-4 Visa Cost?

There are several fees associated with the K-4 visa application process:

• Form I-130 Filing Fee: This fee is for the K-3 visa petition and costs 675 USD if mailed, or 625 USD if filed online. There’s no additional fee for including K-4 applicants on this form.

• DS-160 Application Fee: You must pay the embassy fee of 265 USD for the nonimmigrant visa application.

• Medical Examinations: Costs vary by location but typically range from 100 USD to 500 USD per person.

Please note, these application fees are subject to change.

K-4 Visa Processing Times

The processing time for a K-4 visa is typically the same as the K-3 visa for your foreign citizen spouse and ranges from around one to two years.

To minimize your wait, it's crucial to submit accurate and complete documentation. Errors or missing information can significantly delay the K visa application.

K-2 and K-4 Visa Application Documents

To apply for the K-2 and K-4 visas, you will generally need to provide the following documents and evidence for your fiancé(e) or spouse's child:

• Valid passport

• Birth certificate

• Adoption certificate (if applicable)

• Police certificates from the child's current country of residence (if over the age of 16)

• Medical examination results

• Proof of your financial ability to support your fiancé(e) or spouse and their child(ren)

• Two recent passport-style photographs for each applicant

• Translations for any documents not in English

Your Thai citizen fiancé(e) or spouse might be asked to provide additional documents for the child during the visa interview.

K-4 and K-2 Visa Benefits

The K-2 and K-4 visas offer the following immigration benefits:

• Dependent K visas are typically processed at the same time as the primary K visa for your Thai fiancé(e) or spouse.

• K visas are designed to allow your family to live in the US sooner than if they were to apply for family-based green cards (standalone Form I-130).

• K visa holders can live in the US with you before you marry your Thai fiancé(e) or before a green card becomes available for them.

• K visa holders can attend school and may be able to apply for work authorization if of working age.

Dependent K Visas FAQs

I am American but I had a child in Thailand out of wedlock. Can I get a K-2 visa to bring my child to the US?

If you have a biological child in Thailand, they may already be eligible for US citizenship by acquisition. In such cases, you would not need a K-2 visa for your child. However, you must meet certain US residency requirements, and if you are the child's father, you must acknowledge paternity before the child turns 18.

Can my fiancé(e) or spouse's children qualify for dependent K visas if I married their parent after the child turned 18?

Yes, you can still petition for a K-2 or K-4 visa for your stepchild even if your marriage occurred after they turned 18. They must be unmarried and under 21 years old.

However, if you married their parent after the child turned 18, the child must apply for an Adjustment of Status before their 21st birthday to be eligible for US permanent residency.

For how long is the K-2 visa valid?

There are two visa validity periods for the K-2 visa:

• Validity for US Entry: Normally, your family has 6 months to enter the US.

• Validity for Stay in the US: On the K-1 and K-2 visas, your family can stay in the US for 90 days. During this time, they should apply for an AOS to extend their lawful stay.

Can a K visa be extended?

No, you cannot extend a K visa. If the K visa holder does not apply to change their status while their visa is still valid, they must leave the US and apply for a new visa from overseas.

What happens if the K visa holder doesn't leave the United States before their visa expires?

If your family on K visas does not leave the US before their visas expire and without the timely submission of AOS applications, they will be overstayers in breach of US immigration laws. Any violation of US immigration laws can jeopardize future visa applications.

Can dependent K visa holder children travel to the United States before their K-1 or K-3 visa holder parent?

No, your fiancé(e) or spouse's unmarried children must travel to the US at the same time as or after their K-1 or K-3 parent.

Can K-2 and K-4 visa holders work or study in the US?

If the K-2 or K-4 visa holder is of working age and wishes to do so, they can file a Form I-765, Application for Employment Authorization. If the application is approved, they can work on their K visa. Alternatively, they may wish to wait to file the Form I-765 concurrently with their AOS green card application.

How can a lawyer assist with a K visa application?

A qualified US immigration lawyer provides the following assistance to give your visa application the best chance of success:

• Eligibility Assessment: Determining if your fiancé(e) or spouse's children qualify for dependent K visas.

• Document Preparation: Assisting in gathering and organizing required documentation.

• Application Completion: Accurately and efficiently completing the K-2 and K-4 application forms and advising on the AOS process.

US Immigration Lawyers in Thailand

Siam Legal International is a full-service law firm with decades of experience helping US citizens unite with their families. Our immigration experts can guide you through the visa process to ensure a smooth application journey for your family. Let us help you navigate the complexities of US immigration law. Contact Siam Legal today to discuss your options.