K-3 and K-4 Visa

BACKGROUND:

The Legal Immigration Family Equity Act and its amendments (LIFE Act) expanded the K visa to include married spouses and children of U.S. Citizens (USC) to reduce the separation immediate family members of USC may experience while waiting abroad for an immigrant visa. Under this new non-immigrant visa classification, spouses and unmarried children (under 21 years of age) can enter the U.S as non-immigrants, re-unit with their family, and then apply for immigrant status while in the U.S.

QUALIFICATIONS:

K-3: Spouse of US Citizen

  • Be a spouse of the USC
  • Form I-130 must have been filed for the spouse by the USC and it is pending at INS
  • Form I-129F must have also been submitted to the INS by the USC. Form I-129F must be approved before the beneficiary becomes eligible to apply for the K visa from the US consulate abroad.

K-4: unmarried minor children of US Citizen

  • Be an unmarried child (under 21 years of age) of a K-3 applicant
  • Form I-130 is not required

APPLICATION:

Form I-130, I-129F, fees and Form I-693 (Medical Exam) must be submitted to the US consulate abroad and form I-129F must be approved before K-3 and K-4 visas will be issued. Only the consulate where the marriage took place can issue the visa. If the marriage took place in the US, the consulate having jurisdiction over the applicant’s place of residence can issue the visa.

EXTENSIONS:

K-3/K-4 status is granted for an initial period of two years, and may be extended. To extend status, the beneficiary must show either that the I-130 is still pending, or if it has been approved, the beneficiary has filed for adjustment of status or applied for an immigrant visa.

EMPLOYMENT AUTHORIZATION:

K-3 and K-4 non-immigrants may apply for work authorization in the US while they wait for their immigrant status.

TRAVEL:

K-3 and K-4 non-immigrants can travel in and out of the US with their K visas even if they have already filed for adjustment of status.

APPLYING FOR IMMIGRANT STATUS:

Once in the US, a K-3 non-immigrant must file Form I-485 (Application for Adjustment to Permanent Resident) in order to obtain immigrant status. A K-4 non-immigrant must file Form I-130 (if one has not been filed previously) and Form I-485 in order to obtain immigrant status. Both Form I-130 and Form I-485 must be approved before K3/4 can receive their green card.

TERMINATION OF K-3/K-4 STATUS:

If the I-130 petition, application for an immigrant visa or adjustment of status is denied, K-3 and K-4 status will terminate. If the child attains the age of 21 or marries, he or she will lose K-4 status.