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K2 Visa for Indian Citizens

The K2 Visa is a vital immigration option for Indian citizens seeking to join their family members in the United States. Specifically designed for unmarried children under the age of 21 of K1 Visa holders, the K2 Visa provides an opportunity for eligible individuals to reunite with their parents and build a life together in the US.

For more information about the K2 Visa for Indian Citizens, please contact one of our immigration advisors today at Total Law for further information. Call us on +1 844 290 6312, or contact us online.

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    Overview of the K2 Visa for Indian Citizens

    The K2 Visa holds significant importance for Indian families who are navigating the US immigration system. It is often the means by which children can be reunited with their parents, ensuring that families can stay together and create a stable home environment in the United States.

    To understand the K2 Visa fully, it is important to understand its relationship with the K1 Visa. The K1 Visa, also known as the Fiancé Visa, is issued to the foreign partner of a US citizen. The applicant of the K2 Visa must be the biological child or legally adopted child of the K1 Visa holder. Stepchildren may also qualify if the marriage between the K1 Visa holder and the child’s biological or adoptive parent occurred before the child turned 18.

    There are a number of requirements that must be met for the K2 Visa, including the K1 Visa holder providing evidence that they can financially support the K2 Visa applicant(s).

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    K2 Visa Eligibility Requirements for Indian Citizens

    A K2 Visa applicant must meet the following criteria:

    • Be 21 years old or under
    • Be the biological child or legally adopted child of the K1 Visa holder. Stepchildren may also qualify if the marriage between the K1 Visa holder and the child’s biological or adoptive parent occurred before the child turned 18.
    • Not married

    The K2 Visa has an expiry date of 90 days from the first day upon entering the US. However, if the marriage of the parents of the K2 Visa holder does not occur within this 90-day period, a grace period of 30 days may be granted.

    If the K2 Visa holder turns 21 before adjusting their status to permanent residency, they may lose their eligibility for the K2 Visa.

    Financial Requirements for the K2 Visa

    One of the crucial aspects of obtaining a K2 Visa is meeting the financial requirements to ensure that either the K1 Visa holder or the sponsor can financially support their eligible children upon arrival in the US from India.

    To demonstrate the ability to financially support their eligible children, the K1 Visa holder must file an Affidavit of Support (Form I-134) with the US Citizenship and Immigration Services (USCIS).

    The K1 Visa holder must prove their income meets or exceeds the federal poverty guidelines for their household size.  For example, if your household of four, the K1 Visa holder must be able to demonstrate that they earn a minimum of $37,500.

    In cases where the K1 Visa holder’s income does not meet the required threshold, they may use a joint sponsor. A joint sponsor is a US citizen or lawful permanent resident who agrees to financially support the K2 Visa applicants. The joint sponsor must also meet the income requirements based on their household size.

    It’s important to note that K2 Visa applicants themselves do not have a separate income requirement. Instead, their eligibility is assessed based on the sponsor’s ability to meet the financial obligations.

    Understanding and fulfilling the financial requirements for the K2 Visa as an Indian citizen is essential for a successful application. If you are unsure of any of the requirements or have further questions regarding the eligibility criteria, contact Total Law on +1 844 290 6312.

    Common Misconceptions About K2 Visa Eligibility

    While the K2 Visa program specifies that eligible children must be unmarried and 21 or under, there can be misunderstandings about how age is calculated.

    The child’s age is determined at the time the US citizen petitioner files the K1 Visa petition (Form I-129F). This means that as long as the child is 21 or under at the time of filing, they can remain eligible even if they turn 22 before the visa interview. Any child under the age of 14 will not be required to attend an interview.

    The Child Status Protection Act provides some protection for children who may age out during visa processing. This can help prevent them from losing eligibility due to lengthy processing times.

    Eligible children for the K2 Visa include not only biological children but also legally adopted children and stepchildren, provided specific conditions are met.

    Children who have been legally adopted by the K1 Visa holder or their spouse before the child’s 18th birthday are eligible for the K2 Visa.

    There is no limit to the number of eligible children for the K2 Visa. Each unmarried child under 21 of the K1 Visa holder can apply for a K2 Visa separately.

    If you are unsure of any of the requirements or have further questions regarding the eligibility criteria, contact Total Law on +1 844 290 6312 or use our online live chat service.

    How Do I Apply for a K2 Visa?

    The K2 Visa application process involves several crucial steps, each of which must be completed accurately and in a timely manner.

    The first step required is for the K1 Visa holder to file a petition on behalf of their eligible child with US Citizenship and Immigration Services (USCIS). The petition, known as Form I-129F, will then be reviewed by USCIS to determine eligibility.

    Once approved, it is forwarded to the US Embassy or Consulate in New Delhi, India. The eligible child, if over the age of 14, is then required to attend an interview at the US Embassy or Consulate. During this interview, the applicant may be asked about their relationship with the K1 Visa applicant, their intent to accompany them to the US, and any additional information relevant to their application.

    If the visa interview goes well, and all requirements are met, the US Embassy or Consulate will approve the K2 Visa application. The visa will be affixed to the child’s passport, allowing them to travel to the United States.

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      Required Documents for the K2 Visa

      Preparing the right documents is a critical aspect of a successful K2 Visa application. In order to support your eligibility, you will need to provide several essential documents:

      • Birth certificates – applicants must provide birth certificates for biological children or adoption papers for adopted children.
      • A valid passport – which has at least three months remaining before expiry
      • Medical Examination and Vaccination Record – this must be conducted by an approved panel physician.
      • Police Clearance Certificate

      The US Embassy or Consulate may request additional supporting documents to verify eligibility and other details. It is crucial to follow their guidance and provide all requested information promptly otherwise it could lead to delays.

      How Much Does a K2 Visa Cost?

      Understanding the costs associated with the K2 Visa application is essential for planning and budgeting.

      The USCIS filing fee for Form I-129F, which is the petition filed on behalf of the K2 Visa applicant costs $535.

      K2 Visa applicants also need to pay a visa application fee of $265 when scheduling their interview in the US Embassy or Consulate.

      The medical examination and vaccination costs are additional expenses that applicants should be prepared for. These costs can vary based on the medical facility and panel physician chosen for the examination.

      Applicants should also budget for other incidental expenses, such as transportation to the US Embassy or Consulate, photographs for visa applications, and any translation or notarization services that may be required for documents not in English.

      How Long Does It Take to Process a K2 Visa Application?

      The processing time for a K2 Visa application usually takes between 4-6 months, however, this can vary depending on several factors.

      The initial processing time begins with USCIS, where the K1 Visa petitioner files Form I-129F on behalf of their eligible child.

      Once USCIS approves the petition, it is forwarded to the US Embassy or Consulate in India. The processing time at the embassy or consulate can also vary based on factors such as the volume of visa applications and the time required for administrative processing.  Any missing or incomplete documents or information may lead to delays.

      In some cases, additional administrative processing may be required by the US government. This can lead to extended processing times as security checks and other procedures are carried out.

      It is essential for applicants to plan ahead and apply well in advance of their intended travel date to allow for any potential processing delays. To help minimise these potential delays, or have further questions regarding the application process, contact Total Law on +1 844 290 6312 or on our website.

      Common Reasons for K2 Visa Denial

      Understanding the common reasons for K2 Visa denials is vital to avoid potential pitfalls in the application process. In addition, most fees are non-refundable even if the visa is not approved.

      One of the most common reasons for visa denials is incomplete documentation. Failure to provide all required documents or to submit clear and accurate paperwork can lead to delays or denials.

      Failing to meet eligibility requirements, such as failing to show a genuine relationship or being too old, can result in a K2 refusal.

      Certain criminal convictions or health-related issues can also make an applicant inadmissible to the US. Therefore, it is essential to address any potential inadmissibility issues and seek guidance from immigration experts when necessary.

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        How Can Total Law Help?

        Navigating the complexities of the US immigration system, especially when it involves family-based Visas like the K2 Visa, can be challenging. That’s where Total Law’s experienced immigration lawyers come in.

        Our immigration experts can provide valuable guidance and support throughout the application process when applying for a K2 Visa as an Indian citizen. Whether you need assistance with petition filing, document preparation, or addressing potential issues, our dedicated team is here to ensure your immigration journey from India is as smooth as possible.

        Every family’s situation is unique, and Total Law understands the importance of personalized solutions. We work closely with you to understand your specific needs and circumstances, tailoring our services to provide the best possible outcome for your family

        For expert guidance on the application process for a K2 Visa as an Indian citizen, as well as other immigration matters, reach out to Total Law at +1 844 290 6312 or contact us online.

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                  FAQs

                  Adjustment of status to lawful permanent resident (green card holder) is typically available to K2 Visa holders if they meet the following criteria:

                  • They are unmarried children under the age of 21 of a K1 Visa holder.
                  • They entered the United States with a valid K2 Visa.
                  • They are admissible to the United States, meaning they do not have any disqualifying criminal or immigration violations.

                  A K2 Visa holder can start the application process for adjustment of status by filing Form I-485 as soon as possible after the 90 day period has passed. It’s important to meet all eligibility criteria and submit the required documentation.

                  It is not advisable to enter the United States on a tourist Visa (B2) with the intention of filing for adjustment of status to a K2 Visa or other immigrant status. Doing so could raise concerns about visa fraud or misrepresentation. It is essential to follow the proper immigration procedures and obtain the appropriate Visa (such as a K2 Visa) for your intended purpose.

                  Bringing your already married partner to the US typically involves family-based or employment-based visa options, depending on your circumstances. If you are a US citizen, you can sponsor your spouse for a family-sponsored immigration visa, leading to permanent residency. Consult with an immigration attorney for guidance on the most suitable visa category for your situation.