The US K-2 and K-4 visas are designed to facilitate family reunification for children of foreign nationals who are engaged or married to U.S. citizens. These visas allow children to enter the United States alongside their parents, who are applying for K-1 (fiancé(e)) or K-3 (spouse) visas. For Thai nationals, these visas provide an important legal pathway for children to join their parent in the U.S. while awaiting permanent residency. This article explores the eligibility, application process, and benefits of the K-2 and K-4 visas.
1. Understanding the K-2 and K-4 Visa Categories
a) K-2 Visa
The K-2 visa is issued to unmarried children (under the age of 21) of a foreign fiancé(e) applying for a K-1 visa. This allows the child to travel to the U.S. with their parent, who is engaged to a U.S. citizen, and settle there while waiting for the marriage to take place. Once the marriage occurs, the K-2 child can adjust their status to that of a lawful permanent resident (green card holder) through Form I-485.
b) K-4 Visa
The K-4 visa is issued to the unmarried children of a foreign spouse who is applying for a K-3 visa. The K-4 visa enables the child to enter the U.S. while waiting for the parent’s immigrant visa petition (I-130) to be processed. Like the K-2 visa, children holding a K-4 visa can apply to adjust their status once the parent’s immigrant petition is approved.
2. Eligibility Criteria
For Thai nationals, the eligibility criteria for both the K-2 and K-4 visas are relatively similar. The child must meet the following requirements:
- Unmarried and Under 21: The child must be unmarried and under the age of 21 at the time of the visa application.
- Parent’s Visa Status: For K-2 applicants, the parent must be applying for or have been approved for a K-1 visa. For K-4 applicants, the parent must be married to a U.S. citizen and applying for a K-3 visa.
- Intent to Immigrate: The child must intend to live in the U.S. permanently and adjust their immigration status after entering the country.
3. Application Process for K-2 and K-4 Visas
The application process for K-2 and K-4 visas requires several steps, similar to those for their corresponding K-1 and K-3 visas.
a) Filing the I-129F Petition
The U.S. citizen fiancé(e) or spouse must file Form I-129F with the U.S. Citizenship and Immigration Services (USCIS) to request a K visa for their partner. When filing this petition, they should also include the names and information of any eligible children who will accompany the parent on the K-2 or K-4 visa.
b) Application at the U.S. Embassy in Thailand
Once the I-129F is approved, the parent and their children will be invited to apply for their respective visas at the U.S. Embassy in Bangkok. Both the parent and children must submit the necessary forms, including:
- DS-160 Nonimmigrant Visa Application: This is required for both K-2 and K-4 applicants.
- Medical Examination: Both the parent and child must undergo medical examinations by a U.S.-approved physician.
- Supporting Documents: Birth certificates, proof of relationship to the U.S. citizen petitioner, and any legal documents concerning custody, if applicable.
c) Visa Interview
The child, along with the parent, will be required to attend an interview at the U.S. Embassy. The consular officer will review the application and supporting documents and ensure that the relationship is legitimate.
d) Visa Issuance
If the application is approved, the K-2 or K-4 visa will be issued, allowing the child to travel to the U.S. alongside their parent. Upon arrival, the child will be eligible to stay in the U.S. while awaiting adjustment of status.
4. Rights and Responsibilities of K-2 and K-4 Visa Holders
Once in the U.S., K-2 and K-4 visa holders are allowed to live and study, and they can apply for employment authorization while their immigration status is pending. However, there are important legal requirements to keep in mind:
- Adjustment of Status: After the parent’s marriage (for K-2 visa holders) or once the I-130 petition is approved (for K-4 visa holders), the child must file Form I-485 to adjust their status to that of a lawful permanent resident (green card holder).
- Validity Period: The K-2 and K-4 visas are nonimmigrant visas and are valid for two years or until the child turns 21. It is important to initiate the adjustment of status process before the visa expires or the child reaches the age of 21.
- Travel Restrictions: K-2 and K-4 visa holders must ensure that they obtain advance parole if they need to travel outside the U.S. while their adjustment of status is pending. Exiting the U.S. without advance parole can invalidate their visa and adjustment process.
5. Key Differences Between K-2 and K-4 Visas
Although the K-2 and K-4 visas are similar, they are issued under different circumstances and have slight distinctions:
- Parent’s Relationship Status: K-2 visas are tied to the K-1 visa, which is issued to a fiancé(e) who intends to marry a U.S. citizen. K-4 visas, on the other hand, are linked to the K-3 visa, which is issued to a foreign spouse of a U.S. citizen.
- Adjustment of Status Timing: K-2 visa holders can apply to adjust their status immediately after their parent marries the U.S. citizen sponsor. K-4 visa holders must wait for the I-130 petition to be processed before filing for adjustment of status.
6. Challenges and Considerations for Thai Applicants
For Thai applicants, there are several challenges and considerations when applying for K-2 and K-4 visas:
- Document Verification: It is critical to provide thorough and accurate documentation proving the relationship between the child and the U.S. citizen. In cases of divorce or separation, legal custody documents must be submitted to show that the child is eligible to immigrate.
- Timing of Application: Since the K visa process can take several months, it is essential to plan ahead, especially in cases where the child is nearing the age of 21. Applying too late may jeopardize the child’s eligibility for the K-2 or K-4 visa.
- Visa Denials: In some cases, the consular officer may request additional evidence or deny the visa application if they are not satisfied with the legitimacy of the relationship or if there are issues with the documentation.
Conclusion
The K-2 and K-4 visas offer an important pathway for children of Thai nationals applying for K-1 or K-3 visas to join their parent in the United States. While the process requires careful documentation and coordination with the U.S. Embassy, these visas provide significant benefits, including the ability to live, study, and work in the U.S. with the eventual goal of adjusting to permanent resident status.
To navigate this process successfully, Thai applicants are advised to work closely with legal professionals who specialize in U.S. immigration law, ensuring that all steps are followed and that their applications are as strong as possible.