Yes, you can sponsor your fiance(e) children who are unmarried and are under the age of 21 through the K-1 fiancé(e) visa process. The children will receive K-2 visas and can eventually apply for a green card together with your fiancé(e).
K-1 fiancé(e) visa introduction
If you are a U.S. citizen who wants to bring your fiancé(e) to the United States in order to get married, you will need to file a Petition for Alien Fiancé(e) with USCIS. This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.
To qualify for the visa, among other requirements, both you and your fiancé(e) must have the intention of getting married within 90 days of their arrival in the US. The marriage must be genuine and not solely for immigration purposes. If the marriage takes place within 90 days of arrival, your fiancé(e) can apply for a Green Card as a permanent resident.
If you have already married, plan to marry outside the United States, or your fiancé(e) is already residing legally in the United States, your spouse or fiancé(e) is not eligible for a fiancé(e) visa. There are other options in those scenarios, consider speaking to an attorney to discuss your particular case.
Children sponsored through the K-1 fiancé(e) process must be under 21 years of age and must remain unmarried
If your fiancé(e) has an unmarried child under 21 years of age, the child may qualify for a K-2 nonimmigrant visa to come to the US. To bring the child, their name must be included on the fiancé(e) petition submitted to USCIS. The child must remain unmarried and under 21 to be eligible for admission as a K-2 nonimmigrant and can travel with or after your fiancé(e), but not before.
If you and your fiancé(e) got married within 90 days of their entry into the US, their K-2 nonimmigrant children can also apply for a Green Card by submitting Form I-485 to USCIS. To be eligible for a Green Card, K-2 children must not be married. They should apply for a Green Card either at the same time as or after your fiancé(e).
We understand that navigating the complex immigration process can be overwhelming and stressful. That is why we are here to help. Our experienced immigration team is dedicated to providing top legal representation and support to help you achieve your immigration goals. Whether you need assistance with obtaining a K-1 visa, permanent residency, or any other immigration matter, we are here to help.
We believe that every client deserves personalized attention and a commitment to their success. That’s why we take a client-centered approach, tailoring our services to meet your unique needs and goals. We are committed to making the immigration process as smooth and stress-free as possible for you.
If you’re ready to take the next step and hire an immigration attorney, we invite you to contact us today. Our team is ready to provide you with a detailed consultation and help you understand your options. Take control of your immigration journey and reach out to us today! We look forward to serving you.