No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.
After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).
Important Notice: Under U.S. immigration law, a child must be unmarried. In most cases, K-2 visa holders must be under the age of 21 in order to adjust status following your marriage to your U.S. citizen spouse. Please see USCIS’s website on Green Cards for K nonimmigrants for more information and limited exceptions.
Contact us today to speak with an immigration lawyer about applying for a fiancé(e) visa.
