#k2andk4visa

The K-2 and K-4 visas are non-immigrant visa categories that allow eligible children of U.S. fiancé(e) or spouse visa applicants to enter the United States and accompany their parent pending adjustment of status to lawful permanent resident (Green Card holder). These visa types are critical components of family unification under U.S. immigration law, offering minor children lawful admission rights linked to their parent’s K-1 (fiancé(e)) or K-3 (spouse) visa application.

For Thai nationals, understanding the nuanced legal framework and procedural requirements behind the K-2 and K-4 visa processes is essential, especially when navigating consular processing at the U.S. Embassy in Bangkok or the U.S. Consulate General in Chiang Mai.

This article provides a comprehensive, legal, and procedural analysis of the K-2 and K-4 visa pathways from Thailand, highlighting eligibility rules, documentary requirements, application steps, and strategic pitfalls to avoid.

1. Legal Basis and U.S. Immigration Framework

1.1 Governing Laws

Immigration and Nationality Act (INA) § 101(a)(15)(K): Defines K visa classifications

8 CFR § 214.2(k): Regulatory guidance for K-2 and K-4 visa procedures

Department of State Foreign Affairs Manual (FAM): Consular officer guidelines for adjudicating K visas

1.2 Purpose of K-2 and K-4 Visas

K-2 Visa: For unmarried children under 21 years old of a K-1 fiancé(e) visa holder.

K-4 Visa: For unmarried children under 21 years old of a K-3 spouse visa holder.

Both allow children to travel to the U.S. alongside or after the principal visa holder and apply for adjustment of status to become lawful permanent residents once the parent marries (in K-1 cases) or completes immigrant visa processing (in K-3 cases).

Important: Stepchildren of U.S. citizens applying for K-4 visas must establish that the marriage between the U.S. citizen and the foreign spouse occurred before the child's 18th birthday under U.S. immigration law.

2. Procedural Steps for Thai Applicants

3.1 K-2 Visa Linked to K-1 Parent (Fiancé(e))

Form I-129F Petition: U.S. citizen fiancé(e) must list child(ren) on the petition.

USCIS Approval: Petition sent to the National Visa Center (NVC) for processing.

Consular Processing:

Apply separately for each K-2 child through DS-160 forms.

Schedule a visa interview at the U.S. Embassy Bangkok or U.S. Consulate Chiang Mai.

Medical Exam: Conducted at an approved clinic.

Interview and Visa Issuance:

Child’s eligibility is separately assessed.

Parent and child may be interviewed together or separately.

Entry into the U.S.: Child enters with K-2 visa.

Adjustment of Status: File Form I-485 after parent's marriage to U.S. citizen within 90 days.

2.2 K-4 Visa Linked to K-3 Parent (Spouse)

Form I-130 and Form I-129F Petitions: U.S. citizen files both petitions for the foreign spouse.

K-3 Approval: Visa processing through NVC.

K-4 Visa Application:

No separate petition required for child if marriage occurred before the child’s 18th birthday.

Complete DS-160 application.

Medical Exam and Interview.

Entry into the U.S.: K-4 child accompanies parent.

Adjustment of Status: File Form I-485 once the immigrant petition (I-130) is approved.

Thai birth certificates and legal documents must be translated into English and certified.

3. Important Legal and Practical Considerations

3.1 Age-Out Risks

A child must enter the U.S. while still under 21 years of age.

The Child Status Protection Act (CSPA) may offer limited protection by "freezing" the child's age, but K-2/K-4 beneficiaries must generally act quickly.

3.2 Adjustment of Status Timing

K-2 child must apply for adjustment of status after the principal K-1 holder marries the U.S. citizen.

K-4 child must adjust status after the approval of the immigrant petition (I-130).

3.3 Separate Applications

Children must file separate Form I-485s when adjusting status—there is no automatic derivation based on parent’s adjustment.

3.4 Work and Travel Authorization

K-2 and K-4 visa holders may apply for:

Employment Authorization Document (EAD) by filing Form I-765.

Advance Parole for travel outside the U.S. while the adjustment application is pending.

4. Consular Processing at U.S. Embassy Bangkok / Consulate Chiang Mai

High scrutiny of family relationship authenticity.

Officers may require original birth certificates, proof of continuous relationship, and even school records.

K-2 and K-4 children must be prepared for basic questions at interviews about:

Family circumstances

Relationship to U.S. sponsor

Intent to reside in the U.S. with parent

Costs for biometrics, translations, and courier services are additional.

5. Conclusion

The K-2 and K-4 visas offer essential immigration pathways for minor children to reunite with their parents in the United States under the family-based immigration system. However, they require careful coordination between the K-1/K-3 process, Thai document standards, and U.S. immigration timelines, especially given the strict age and marital status restrictions.

For Thai applicants, successful outcomes depend on meticulous documentary preparation, attention to procedural deadlines, and a clear understanding of the parent-child relationship requirements. Failure to align the timelines correctly or prepare adequate documentation can result in severe setbacks, including visa refusal or aging out of eligibility.