I am applying for a K1 visa and my fiance has an 18 year old child. Will her child qualify for the K2 visa?

USCIS allows unmarried children under 21 years old to qualify for the K2 visa. So your fiance’s child will qualify if they have never been married.

Normally, for the Adjustment of Status the requirement is that the child is under 18 when the marriage takes place, but this rule does not apply for K2 child applicants under the K1 fiance visa application.

Under the Child Status Protection Act of 2002 (CSPA), the children for K1/K2 visa applications may be covered if they turn 21 while their Adjustment of Status is pending.

This can be a confusing situation, if you are unsure email us at: support@tnvisaexpert.com.