There are many different visas that you can apply for if you plan to shift or visit the US. There is the H2B work visa, K-1, K-2, F2A, F2B visa and many others. So, if you are a fiancé or one of the children of the fiancé of a United States citizen and planning on moving to the US then you must apply for a K-1 or a K-2 visa. However, these visas are totally different and through this guide you will be able to understand the complete difference between a K-1 and K-2 visa.
The K-1 visa is also referred to as a fiancé visa and is given to those who are fiancé of a US citizen and are planning to enter the US to legally marry a US Citizen within the specific time provided. This visa is only eligible if the fiancé of the US Citizen marries within ninety days after arrival in the United States. If they fail to marry then the K-1 visa holder can be deported back to their home country.
This visa is for the children of the fiancé of a US citizen. For this to be applicable, the fiancé should have acquired a K-1 visa. After this, they can apply for immigration and bring their children to the US under the K-2 visa application. However, if the K-1 visa gets deported back to their country then the K-2 visa holders have to leave as well.
Qualifying for K-1 Visa
The primary eligibility criteria of this type is that there must be sufficient evidence of a valid relationship for at least 2 or more years. However, if certain religions or traditions do not allow this then the candidates are exempted from this condition but they have to fulfill the requirement of marriage within ninety days after arrival in the United States. There will be documents needed to prove their marriage and that one of them is a US citizen. Moreover, both members should provide proof that they are of legal age and that there are no previous marriages of either one and if there were they have ended with annulment, death of spouse or a legal divorce.
Qualifying for K-2 Visa
The K-2 visa is only eligible if the K-1 visa holder has gotten their visa and is residing in the US. Moreover, the children must be under 21 years and not married legally. The children of the K-1 visa holder can be adopted, legally born to the K1 visa holder or biological. If the K-1 visa holder is a divorcee and the children are living with the other parent then the K-1 visa holder must follow the custody rules of their home country and get the custody of children before applying for a K-2 visa.
Visa Application Process for K-1 Visa
First, the US citizen has to file a petition with the USCIS for their fiancé K-1 visa. It can take 5-7 months processing time. Once it is approved the case will be sent to the embassy of the fiancé’s resident country. The US embassy or consulate will conduct an interview of the fiancé and the fiancé has to provide a medical examination from a physician in the authorized panel. Vaccination proof, criminal records (if any) and some other documents will be required from the fiancé. After everything is finalized, the fiancé will be given the visa within 2-10 days after the approval.
Visa Application Process for K-2 Visa
The fiancé’s US citizen husband/wife can start the process of K-2 visa with the K-1 visa application. If there are any children of the fiancé and they wish to bring them to the US then they can fill their names in the K-1 application. To get a K-2 visa, proof of the age of children that are not legally married and less than 21 years, and are legal children of the K-1 visa holder and are legally eligible for K-2 visa will be required. They might be requested to attend the K-1 visa holders’ interview at the US consulate or embassy and answer a few questions.
Benefits of both K-1 and K-2 Visas
The K-1 and K-2 visas hold many benefits for both children and fiancé if they have the K-1 and K-2 visas and reside in the United States. The K-2 visa holders can also study in school and universities after getting a US study visa. Getting a K-1 and K-2 visa opens many doors for the immigrant parent and children to have a better future in the US.