K-2 visas are nonimmigrant visas issued to children of K-1 nonimmigrants.  K-1 nonimmigrants are those foreign nationals admitted as fiancé(e)s of U.s. citizens.  The K-1 visa permits the foreign national to immigrate to the U.S. and marry an U.S. citizen within 90 days of entry into the U.S. before filing for adjustment of status.

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. (As long as the U.S. Petitioner named the child in the I-129F petition when that was filed with the US CIS Service Center of jurisdiction.). The child may travel and enter the U.S. with the K-1 parent/fiancé(e) or may travel later (as a follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent.

After the marriage of the child’s parent and the U.S. citizen, the child will need a separate I-485, Application to Adjust Status. The Immigration and Marriage Fraud Amendments of 1986 created a gap regarding the procedure for a K-2 visa holder to adjust her/his status to that of a legal permanent resident.  Now, US CIS Associate Director for Domestic Operations, Michael L. Aytes, has issued a memorandum which states that the controlling regulations are at Title 8 Code of Federal Regulations Section 214.2(k)(6)(ii). The memorandum serves to remind adjudicating officers that K-2 visa holders are not required to demonstrate step-parent or step-child relationships with the Petitioner in order for those cases to be approved for legal permanent residency. And, the memorandum advises that the term “child” under INA Section 216 extends to all “unmarried persons under twenty-one (21) years of age”. Officers will now approve those applications for adjustment of status for K-2 visa holders who are under age 21 as long as they are otherwise admissible and eligible under INA Section 245.