Unmarried children under the age of 21 of a K-1 fiancé(e)’s can be included in the K-1 petition to enter the United States with the fiancé(e) parent. as “K-2” visa holders. Once the K-1 is married to the U.S. citizen within 90 days, the K-2 children can become permanent residents as long as they remain unmarried and under 21 at the time the application to adjust status to permanent residence is approved. If there is a danger of a K-2 child turning 21 before a decision on the application to adjust status to permanent residence is made, it is critical to contact USCIS to attempt to expedite the adjudication of the I-485.
According to the foreign affairs manual, the child of a K-1 Foriegn national fiance(e) may be provided K-2 status if following to join the parent in the United States even after the parent has married the U.S. citizen fiancé́(e), and acquired Lawful Permanent Resident (LPR) status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, an immediate relative or second preference I-130 petition has to be filed for the K-1’s child. No extensions are possible, regardless of the circumstances.
K-2 children do not require a petition. The child needs only to demonstrate that he or she is the “child” of a K-1 fiancé(e).