VISA’s FOR CHILDREN
In most cases, the children of a foreign spouse or fiancé can immigrate with or follow the visa applicant. Procedures vary somewhat depending on what category of visa the principle applicant falls under. “Child” for immigration purposes refers to someone unmarried and under 21 years of age at the time of entry to the US, and should not be confused with a visa for a “son or daughter”. I will try to address most case scenarios here;
K2, child of K1, alien fiancé. An unmarried child under 21 years of age may join the parent when immigrating to the USA as a fiancé. To do so, the child must be listed on the original I-129F form submitted to USCIS. There is no filing fee for the child when submitted with the principal applicant’s petition. However, there is a separate visa fee and medical exam fee for each child. The child must also attend an interview and has one year from the time the principle applicant enters the USA in which the derivative child must enter the USA. Processing time is 3-7 months.
K4, Child of K3 recipient. Very similar to that of K2, although there are separate issues regarding affidavit of support for the child of a K3.
CR2/IR2. The child of an immigrant as a CR1 or IR1 must have separate petitions filed, and separate affidavits of support, for each child. Unlike the fiancé visa, each child under 21 will qualify for a visa but must have a separate petition filed for each child. Processing time is currently 8 to 12 months, depending on individual circumstances.
IR2-adopted child. An adopted child can qualify for a visa, provided that one of the adoptive parents has lived with the child and been the sole means of support of the child for a period of 2 years or more. If the child is the adopted child of a US citizen petitioner, the child will gain US citizenship upon entry to the USA. The process is similar to that of a standard IR2, but has some special paperwork and documentation involved. Processing time is 8 to 12 months, depending on individual circumstances.
A unmarried son or daughter over 21 years of age of a US citizen may qualify for a visa. The process is similar to that of a CR2, but takes about 10 years.
An unmarried son or daughter under 21 years of age of a green card holder (Legal permanent resident) may qualify for various visas, depending on individual circumstances.