Limitations or restrictions of a K-1/K-2 Visa
K-1 Visa
- You have six months after the date your K-1 visa is issued to you to enter the United States.
- You cannot adjust your status through anyone else other than the person who originally filed your petition. If you meet someone else, you will be required to return to your home country and start the process over again.
- If for some reason, your relationship with the U.S. citizen petitioner does not work out, you cannot change to any other non-immigrant status.
- You must legally marry within 90 days of entering the United States of America.
- If you have applied for two or more K-1 visas (does not matter when) or received K-1 visa approval within a period of two years prior to filing the current K-1, then you must file an additional waiver. This can be done when you submit your I-129F form by providing a written statement detailing your reasons for requesting a waiver.
K-2 Visa
- Cannot adjust to any other non-immigrant visa.
- Can only stay in the United States as a K-2 holder for 90 days. Your K-1 parent must marry the U.S. citizen petitioner before 90 days.
- Not permitted to enter the United States if you have committed previous infractions of U.S. immigration law.
- Must be unmarried.
- The alien parent (K-1 holder) must marry the U.S. citizen petitioner before the K-2 child turns 18 years of age in order for the Child Status Protection Act to be applicable.
- Like your K-1 parent, your permanent residency is also conditional. If you received permanent residency within 90 days of your K-1 parent, you can be included on your K-1 parent’s removal of conditions application. If you obtained permanent residency more than 90 days after your K-1 parent, you need to submit a separate removal of conditions application.
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