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Spouses and Children of United States Citizens - K-3 and K-4 Visas
GENERAL OVERVIEW:
The K-3 and K-4 visas
were created in December 2000 to allow spouses
and children of U.S. citizens to enter this
country as non-immigrants with the ability to
adjust to lawful permanent resident status in
the United States.
Before the creation of
the K-3 and K-4 visas, spouses of United States
citizens living outside the U.S., had to obtain
an immigrant visa abroad before entering this
country. Often, these spouses had to wait one
year or more before their immigrant visas were
approved. This caused long periods of separation
between the United States citizen and his or her
foreign spouse and children.
Thus, the K-3 and K-4
visas are important to consider as a means of
reuniting a United States citizen with his or
her spouse and children by bringing them to the
U.S. faster as non-immigrants.
WHO QUALIFIES FOR A K-3
VISA?
Lawful foreign spouses
of United States citizens.
WHAT IS REQUIRED TO
OBTAIN A K-3 VISA?
A Petition for Immediate
Relative, Form I-130 and all supporting
documents must be filed in the United States.
A Petition for Alien
Fiancée , Form I-129F and all supporting
documents must be filed and approved in the
United States.
The K-3 applicant
(foreign spouse) must apply for an immigrant
visa to the United States in the country in
which the marriage occurred.
This means that the K-3
applicant (foreign spouse) may not apply for an
immigrant visa from the country in which he or
she is a citizen if the marriage did not take
place in that country.
After the Petition for
Alien Fiancée is approved, the Citizenship and
Immigration Services (CIS) forwards the file to
the National Visa Center (NVC) where a
fingerprint and criminal background check is
conducted.
The NVC forwards the
file to the appropriate United States consulate
for further processing.
The K-3 applicant
completes medical exam, additional paperwork and
appears for a personal interview at the
consulate.
OTHER INFORMATION ABOUT
THE K-3 VISA:
After the K-3 visa is
approved, it is valid for two years and allows
multiple entries in and out of the United
States.
After arriving in the
United States, the K-3 visa holder is eligible
to apply for adjustment of status to lawful
permanent resident.
The K-3 visa holder is
eligible to apply for employment authorization
in the United States.
WHO QUALIFIES FOR A K-4
VISA?
Minor (under 21 years
old) unmarried children of the K-3 applicant.
WHAT IS REQUIRED TO
OBTAIN A K-4 VISA?
A Petition for Immediate
Relative, Form I-130 and all supporting
documents must be filed in the United States for
each minor unmarried child of the K-3 parent.
The K-4 is a derivative
nonimmigrant status, which requires the K-4
child to have a qualifying K-3 parent in order
to obtain K-4 status.
This means that a K-4
visa will not be issued to a minor child unless
that child is accompanying a qualifying K-3
status parent to the United States.
OTHER INFORMATION ABOUT
THE K-4 VISA:
The K-4 visa holder will
be admitted into the United States for two (2)
years or until his or her 21st birthday,
whichever is sooner.
After arriving in the
United States, the K-4 visa holder is eligible
to apply for adjustment of status to lawful
permanent resident.
The K-4 visa holder is
eligible to apply for employment authorization
in the United States.
The K-4 visa allows
multiple travel in and out of the United States.
The K-4 visa holder may
have to file for a change of status in the
United States if the K-4 visa will expire before
the child applies for adjustment of status.
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