Fiancé's With Children-The K2 Visa

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Fiancé with child visa kit: April 15 2008!

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How does my Fiancé bring her child with her?

The K-1 Visa includes a section for children under the age of 18. The children will be given a "K2" visa indicating their stay in the United States is contingent on the visa their parent holds.

The steps for adding a child to the K1 application are not very difficult but the legality of removing a child from their home country can be very complex.

Do I need an attorney for this?

The steps and procedures involved in this often require a lawyers help. The most thorough method is to hire an attorney in your Fiancé's home country to prepare the documents needed. This will include a statement from the Childs biological Father, showing he is aware the child will be leaving the country and that he is willing to allow this to happen.

Without this document your Fiancé will not be allowed to bring her child with her, regardless of the approved K2 Visa. (You can imagine how devastating it would be to leave a child behind.) Sadly, many potential marriages never take place as the Fiancé is forced to chose between child and potential spouse which is never a good situation.

What is the process for bringing a child on a Fiancé Visa?

We have developed the Fiancé with Child Kit to help you navigate the process of fiancé with child immigration. It includes proven successful templates and guidance so that your Fiancé CAN bring her child to the United States with all documents in place. This covers both the K1/K2 Visa requirements and the paperwork needed from the non-custodial biological parent.

This is the most stressful of all immigration matters as it involves children, former spouses and complex legal situations.  The kit will allow you and your Fiancé to get everything in order without the costs of attorneys. However, You are always encouraged to obtain a lawyer if you feel the situation is beyond your abilities.

Note: It is not uncommon for former spouses to hold a child for ransom (so to speak) when approached by their former wife for permission to take the child from the home country. Even if the Father never visits the child or takes part in their life. 

Why do non involved parents refuse to allow their child to leave the country?

Typically this is an attempt to obtain money from the future step parent. It is very disappointing to see people act this way but you are better off knowing this could happen to you and your Fiancé.

A little perspective: Americans are seen as "rich" in Russia based on the types of imported shows presented on Russian TV (MTV cribs, Pimp My Ride,  Lifestyles of the Rich and Famous, and so on). The average Russian is not aware that the cost of living in the United States is much higher so a salary of just $30,000 per year sounds like a fortune. When you consider an average Russian salary is $250-$500 per month (even for professionals) the comparison is obviously dramatic. 

The ability to bring children safely and legally to the United States on a K2 Visa can be done!

With the right documents in hand your Fiancé can approach the child's parent and request concurrence on relocating the child to a better life and opportunity in the United States. In some cases, the informality of a document (without lawyers) may keep the child's non custodial parent from over reacting. It can also encourage support for the move rather than placing the child in a tug-o-war situation.

As a future step-parent you should encourage communication or contact with the child's biological parent whenever necessary.  For example: A visitation schedule, future trips or communication with the child can be worked out ahead of time. This not only benefits the child but ensures the non-custodial parent's willingness to allow the process to take place.

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