K2 Visa Processing Timeline 2017
Now more than ever, U.S. citizens are finding love abroad and bringing their foreign fiance and child to the United States. In this post, you’ll learn about the K2 visa processing timeline for 2017 and exactly how long it will take to get the visa approved.
Including minor children on the I-129F petition and K1 visa processing timeline is pretty straightforward, but doing it right can be a bit complicated.
I’ve seen many couples make mistakes on both applications which then delay the processing of the K2 visa, or worse, result in a complete denial. To avoid this fate, it’s important that you understand exactly how to complete the forms and what supporting documents to include.
Lisa (a U.S. citizen) is engaged to Jesus who she met on a trip to Mexico. She quickly submitted the I-129F petition for both Jesus and his 3 year old daughter Rosalia who;s mother passed away shortly after her birth.
After 5 months of waiting, the I-129F petition was approved by USCIS and their case was sent to the National Visa Center. Jesus and Rosalia now wait for their medical exam and K1/K2 visa interview.
Who Is Considered A Child For The K2 Visa?
For your child to qualify for the K2 visa, they must meet the following criteria:
- Must be the child of the K1 beneficiary
- If your child is adopted, there might be certain conditions on your application.
- Must be under 21 years of age and unmarried.
- Must not have any record of past immigration violations.
- Example: previously stayed in the US unlawfully “out of status” . Waivers are available.
- Must adjust status before turning age 21.
- There are some exceptions to “aging out”.
A K2 Child Who Is Close To Turning 21
Most of us consider a child as someone who is under the age of 18 (or a minor). Thankfully, a child is still eligible for the K2 visa as long as they are under the age of 21 during the port of entry.
If your child is close to turning 21 and hasn’t gotten the K2 visa approved yet, you should notify immigration authorities to the upcoming 21st birthday. They will then usually speed up the visa processing for you.
Note: The Child Status Protection Act doesn’t protect children on fiancé visas from losing their K2 visa rights after turning 21.
Another thing to consider is whether you have permission to take your child out of the country. So, if you’re bringing children to the United States who are not biologically related to your U.S. fiancé, you should check your country’s custody requirements.
Even if you have full legal custody of your children, you may need to get written consent from the other parent for you to take your child out of your country.
K2 Visa And Risk Of Aging Out
USCIS considers someone a child under immigration law if they are under the age of 21 and unmarried. This means that as long as a child petitioned for a K2 visa is under 21 years old age, they are eligible for the K2 visa.
However, things get a little tricky after entering the United States.
You need to adjust status before your child turns 21 to avoid them “aging out” and no longer eligible to get a green card through adjustment of status. But, the laws have changed recently and this may not be the case anymore.
According to a 2011 decision, the U.S. District Courts ruled that K2 visa holders over 21 could adjust status to permanent residency. What does this mean for you? Well, if USCIS denies your child’s I-485 after they turn 21, you can fight back and likely win due to this precedence.
K2 Visa Processing Timeline 2017
How long will the K1 visa processing timeline take? Well, I know you’d love to know exactly how long you will be waiting for your visa but the truth is that it depends on your individual case.
On average, the K1/K2 visa processing timeline takes about 7-11 months.
This timeline can increase or decrease depending on the amount of evidence you include and the specifics of your case. There are few things that can seriously delay the K2 visa processing timeline:
- Your child has a communicable disease (TB, Syphilis)
- Your child has a serious criminal history
- Your child has committed immigration fraud/misrepresentation
Of course, most of the reason above may not apply if your child is very young.
Another important thing to note is to always tell the truth about your child’s biologic parents. For example, if you adopted your child, don’t try to claim them as your blood relative. If your child’s father isn’t in the picture, you may be required to contact him to get permission to allow the child to leave the country.
Also, if you care of a relative’s child, be honest about whom the real parents are. I’ve seen people get themselves sin real trouble by claiming a K2 visa child is their biological child to bring them along to the U.S.
Do you know what happened in this case? USCIS suspected that the child wasn’t the beneficiary’s real child, so they requested a DNA test to be sure. There’s no way of getting out of this because there are only two options:
- Admit that you lied about being the biological parent of the child
- Take the DNA test and fail it (resulting in a visa denial)
As you can see, both of these options are not good which is why I recommend that you are always honest on immigration forms and at the interview.
How To Apply For A K2 Visa
Step 1: File the I-129F petition
The K2 visa processing timeline begins the same way as the K1 visa. Both the parent beneficiary and child must be included in the I-129F petition. Send the petition to the Dallas Lockbox facility for processing (USCIS P.O. Box 660867 Dallas, TX 75266).
This will tell USCIS that you want to bring them both to the US as permanent residents.
Remember to include all children of the beneficiary and not just those who are immigrating. This will be important if the foreign spouse wants to petition for adult children once they receive their green card.
Step 2: Receive the first notice of action (NOA1)
About 1-2 weeks after submitting the I-129F petition to USCIS, you’ll receive the first notice of action. NOA1 is a letter that USCIS sends the US citizen fiance letting them know that the petition has been accepted.
This doesn’t the petition has been reviewed just yet.
It just means that the check was cashed and the forms were signed. If you forgot to include payment or didn’t sign the form, USCIS would just return your application without cashing the check.
Awesome! The I-129F petition has been approved.
Now you’ll receive the second notice of action (NOA2) which will tell you the petition has been approved and is being sent to the National Visa Center for further processing.
If you aren’t contact by the NVC within 2 weeks of your case being approved, contact them at 603-334-0700 to get an update.
Step 4: National Visa Center (NVC) processing
The NVC will send you a list of documents that you need to gather and submit as well as an invoice to pay the visa fee and affidavit of support fee.
Both the beneficiary fiance (K1) and child (K2) will then be required to fill out online form DS-160. Once this is complete and submitted, your case is sent to the US consulate abroad for visa processing.
There can be delays int he K2 visa processing timeline at the NVC stage so be sure to submit all the required documents as quickly as possible.
Step 5: US Consulate processing and interview letter
Now that the US consulate has your case, they’ll send you (K1 applicant) a letter asking you to schedule your medical exam and interview. This will differ based on the consulate or embassy so follow the instructions on the appointment letter.
Sometimes you are required to schedule your own interview date and other times, they’ll do it for you.
Step 6: Complete the medical examination
It’s now time to schedule the medical exam with a USCIS approved physician. Your child must also attend the medical exam and remember to bring their vaccination records with you to the appointment.
Normally, you can schedule your medical exams back-to-back so you’re able to do it at the same time.
The medical exam is used to find out if you or your child has a communicable disease. It sounds a lot of worse than it is.
Basically, USCIS wants to make sure you don’t have a disease that can spread inside the US. Failing the medical exam doesn’t mean the K2 visa will be denied. You will just need to get treated before a visa will be issued.
Medical reasons that can delay K2 visa approval:
- Missing vaccinations
Step 7: Complete the K2 visa Interview
Finally, the visa interview is used to meet you and your child in person. This gives the consulate officer a chance to ask you questions and watch how you react in person. Don’t get nervous, most of the consulate officers are very friendly.
As long as you have been truthful in your application, there’s nothing to worry about. Your child will also need to attend the interview and depending on their age, they may be asked questions as well.
Many parents wonder if their interview will be scheduled at the same time as their child. The answer is usually yes. Your child will usually go with you to your visa interview even if they are also scheduled for one.
Be sure to bring their original birth certificate and other evidence you’ve already submitting for them. Even if the US consulate doesn’t request it, you should bring them just in case you are asked.
Step 8: K2 visa issuance and port of entry
Once the K1 visa interview is complete, you’ll wait for the visa to be issued. In most cases, you and your child’s visa are issued together and either mailed to you or you may need to pick them up. Check with the US consulate which options is available in your case.
In some cases, one visa is issued faster than the other. This can definitely complicate things but I haven’t seen too many cases where the parent’s visa is sent months before the child’s visa.
You should still be proactive about this type of delay though. The last thing you want is for your own visa to expire right after your child’s visa is approved.
If this ever happens, you will need to start the process all over again. It’s better to just enter the US without your child so that you can become a permanent resident and then go get your child when their visa is approved.
The K2 visa processing timeline varies depending on your case and the country you are applying from. Now, I’m sure you’re wondering if there is a way to expedite the processing of a K2 visa, right? Yes, there are ways to speed up the processing of the K2 visa and it’s done by requesting a visa expedite.
Another important thing to remember is that if your child is close to turning 21, you should submit the I-129F petition quickly.
In most cases, the K2 visa is approved around the same time as the beneficiary parent’s K1 visa. This is not always the case so be sure to contact the consulate if there is any delay in your child’s visa issuance.
As you can see, the K2 visa processing timeline can vary depending on the complexity of your case. Both the K2 visa and the K1 visa are valid for 6 months which gives you plenty of time to get both approved and prepare for your move to the United States.