Kenyans can relocate to the United States of America with their children and fiancés through the use of the K-1 and K-2 Visas.
The K-1 fiancé(e) visa allows all foreigners, including Kenyans fiancé(e) of a US citizen, to enter the United States (US) and marry within 90 days from the arrival time.
However, if the couple has a child who needs to relocate to the US, they must apply for a separate K-2 visa.
In addition, the children should be under the age of 21 years and unmarried during the K-2 visa application.
The child’s visa application is valid only after approval of the K-1 parent visa application.
“If “your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. They may travel with your fiancé(e) or later, but they cannot travel to the US before your fiancé(e),” US “Citizenship and Immigration Services (USCIS) dictates.
USCIS notes that the K-2 visa covers all children for US residence, whether biological, stepchildren with an established parent-child relationship, or legally adopted.
Further, for the application to be valid, the US citizen is required to list the child’s nchild’sthe Form I-129F.
Visa Application Process
For a Kenyan to relocate to the US, the US citizen will be required to file a Form I-129F for the Petition for Alien Fiancée.
The petition is filed with USCIS to sponsor the foreign fiancé(e) for a K-1 visa and lists the eligible children on the petition.
During the filing of the petition, the US citizen must provide evidence of a bona fide relationship between the couple.
USCIS argues that the couples must have met in person within the last two years and have an intent to marry within 90 days of relocating.
Additionally, proof of the parent- child relationship is submitted through the birth certificates and any other legally binding certificates showing the applicant’s parent.
A filing USCIS fee is paid when making the petition, and once approved, the application is forwarded to the National Visa Center (NVC).
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At the NVC, both K-1 and K-2 applicants complete the online form DS-160 for the Nonimmigrant Visa Application.
In addition, both applicants pay the nonimmigrant visa application fee to process the visas.
After a successful application, the applicants attend an interview at the US Embassy or Consulate and provide all required original documents and copies.
Successful interviews lead to the issuance of the K-1and K-2 visas, with each visa having a separate validity period.
Required Documents for K-1, K-2 Visas
Applicants for the visas need to have a valid passport at the time of application and proof-of-relationship certificates for the couple and the children.
Further, the applicants must present a passport-sized photo and an Affidavit of Support in the Form I-134 from the US petitioner showing the ability to support the family financially.
In addition, a medical examination by an approved medical institution is required for each applicant.
The embassy also requires applicants the present a clearance certificate from the police during the visa application process.
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Relocation to the US.
A successful application for the K-1 visa allows the foreign parent to relocate to the US and may do so with the child or bring the child later.
If the couple applies for the K-2 visa after parents’ relocation, parents’ visa must be used within 1 year of the K-1 visa issuance.
If the petition for the K-2 Visa is not filed within one year, the couple must file a separate immigration petition, Form I-130.
Upon relocation, an admission record Form I-94 is issued to the K-1 applicant, and, after marriage, within 90 days, the K-1 holder files Form I-485, the Application to Register Permanent Residence.
However, each K-2 child, according to the USCIS, should file a separate application to Register Permanent Residence, as they cannot be included as derivatives on their parents’ application.
