THE K PACKET
I am being petitioned by my American citizen fiancé(e). Can I also bring my child to the U.S.?
A child under 21 years old may be included in the I-129F visa petition as a fiancé(e) derivative beneficiary (K2).
How do I register my child?
A clear copy of the child’s birth certificate issued on security paper by the Philippine National Statistics Office (NSO) must be submitted wherever the case is currently being processed: the U.S. Citizenship and Immigration Services office, the National Visa Center, or the Embassy.
Will my child automatically be issued a K2 visa?
If one of the child’s parents is an American citizen, the child may have a possible claim to U.S. citizenship. If the child’s American citizenship is established, he/she will not need a visa to enter the U.S.—instead, an application for a Consular Report of Birth Abroad and an application for a U.S. passport must be filed on his/her behalf with the Embassy’s American Citizens Services (ACS) Unit. The ACS Unit may be contacted by email at firstname.lastname@example.org regarding this matter. If the ACS Unit determines that the child has no claim to U.S. citizenship, we will resume processing the K2 visa application.
Is there a deadline to register and issue a K2 visa to my child?
Following-to-join K2 beneficiaries have one (1) year to apply and be issued a K2 visa, from the time that the principal applicant was issued a K1 visa.
What if my child turned 21 years old or got married?
Under U.S. immigration law, when a child has aged out (turned 21 years old) or marries before admission to the U.S., he/she will no longer qualify for immigration benefits as a child.
How will my child who turned 21 years old or who got married before admission to the U.S. qualify again for immigration benefits?
In order to qualify again for immigration benefits, he/she must now be the principal beneficiary of a family- or employment-based visa petition filed on his/her behalf. Information regarding the requirements and procedures for filing visa petitions are available from the USCIS website.
For more information, see our blog post “K1 Visa FAQs: Who Should Attend the Interview?”