Mike asks: “My fiancé and I have just completed the application for a K1 visa and we would like to know if her 20-year-old daughter’s age will be frozen for the K-2 visa while the application is being processed.”

The K-2 nonimmigrant (child of a K-1 nonimmigrant who is the fiancé(e) of a U.S. citizen), must be unmarried and under 21 when they are admitted to the United States. The age is not frozen at the time of application. However, K-2 holders don’t age out of green card eligibility if they were admitted to the U.S. as a K-2 visa holder when under 21. It’s also possible, in some cases, that Child Status Protection Act (CSPA) provisions could apply.

If the child ages out during the application process, the biological parent of the child can petition for them after receiving their green card.

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