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K-2 Visas for Children of K-1 Visa Seekers?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-2 Visas. I don't do a video on these very often. Frankly it has been quite a while since I have done a video on what are called Derivative Child Visas for the children of a K-1 Fiancé(e), so I thought it was about time I make one. 

There is a K-2 Visa which is a Derivative Visa for the children of someone who is coming to the United States - child or children I should say - who is coming to the United States on a K-1 Fiancé(e) Visa. So basically, if you are marrying or looking to marry, in this case we primarily deal with cases emanating from Thailand, although greater Southeast Asia, we may occasionally handle a case from Cambodia, Laos, even Myanmar; sometimes, very occasionally Vietnam, especially if it is processing through the Embassy here as a filing based on a Vietnamese person who's in Thailand. But that being said, we primarily deal with Thai matters. 

If you are looking for a K-1 Visa for a Thai Fiancé(e) and your fiancé(e) has children and you have decided you may want to bring that child or children to the United States, the K-2 Derivative Visa may be an option. It is also interesting because there is kind of a quirk in the law associated with the K-2 where the age of the child can be a little bit older than when you are dealing with other types of visas, most notably Immigrant Spousal Visas, as the K-2 may allow for a child to come up to 21 years of age. Again that is dependent on the underlying facts in the given case. It is probably a good idea to contact an Immigration professional if you want to get some insight and guidance with regard to a child specifically, especially with regards to the age thing, because that can be a really tricky thing. If the child has not turned 18, it would definitely be a good idea to contact an Immigration professional because there may be different determining factors that may interact with the underlying facts in the given case that may affect the analysis on what the best type of Visa is for somebody that does have children. 

That being said, the point of this video is to reiterate the point that K-2 Visas are available for children of folks who are seeking a K-1 Fiancé(e) Visa to the United States. And just to reiterate the K-1 Fiancé(e) Visa is for fiancé’s of United States citizens to come to the United States for a 90-day period in order for or with the presumption that, that person will be coming to the United States in order to get married and then file for a Green Card in the United States or the Adjustment of Status process in order to get Lawful Permanent Residence in the USA. Note, the K-2 children can also go through the same process with their K-1 parent at the same time and gain Lawful Permanent Residence as well. So it is a pretty major benefit for the child or children of a K-1 Visa holder and something to look at if your fiancé(e) already has children and you are thinking of bringing them to the United States from the Kingdom of Thailand.