K-3/K-4 Visa

K-3 SPOUSE / K-4 CHILDREN OF SPOUSE VISA

Marriage is one of the most important steps one takes in his or her life. And with the increasing global interaction, there are more and more marriages among U.S. citizens and foreigners. Accordingly, it is crucial to hire an experienced and knowledgeable immigration attorney to handle your marriage petition.

Any U.S. citizen who has married outside the United States can file a K-3 spouse visa to bring their new husband or wife lawfully into this country. If the marriage is determined to be valid by the USCIS and a spouse visa is granted, the spouse is automatically eligible for application for Permanent Resident status, and can file for a K-4 visa for any children to enter the U.S. Application for a K-3 visa must be made in the country where the marriage took place. Both the K-3 and the K-4 are temporary visas.

K-3 and K-4 visa holders can enter the U.S. and file for adjustment of status after being admitted. While the green card petition is pending, the K-3 visa and K-4 visa holders may remain in the U.S., as well as apply for employment authorization until becoming permanent residents. After three years of marriage, your foreign national spouse can apply for U.S. citizenship.

Eligibility

A person may receive a K-3 visa if that person:

  • has concluded a valid marriage with a citizen of the United States;
  • has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
  • seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status; and
  • has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

Requirements

Citizenship is available to immigrants under the following circumstances:

  • You have a valid green card (permanent residency status) and have lived in the U.S. for five years.
  • You are married to a U.S. citizen and have lived in the U.S. for three years.
  • You are a permanent resident, have served in the U.S. military, and have lived in the U.S. for three years.
  • You are married to a U.S. citizen who is being transferred out of the U.S. by a government agency, armed forces, or multinational company.

Purpose

The K-3 Visa was designed to expedite the entry of U.S. citizen’s spouse (K3 Visa) and hers/his unmarried dependents under the age of 21(K4 Visa). The K-3 Visa allows the spouse of a U.S. citizen who is the beneficiary of a pending or approved I-130 petition to be admitted to the U.S. as a nonimmigrant and subsequently apply for Adjustment to Permanent Residence.

Process

K-3/K-4 Visa processing is similar to that of K-1 visa, with one significant difference: the K-3 applicant must be the beneficiary of an I-130 immediate relative petition filed by the U.S. citizen spouse. Therefore, consular posts will grant a K-3/K-4 visa subsequent to filing a I-130 Petition for Alien Relative and approval of I-129 F Petition for Alien Finace(e) by USCIS.

A K-3/K-4 is a multiple entry visa, therefore allowing the visa holder to travel in and out of the U.S. Additionally, the K-3 visa holder is permitted to work in the U.S. and may apply for and obtain Employment Authorization.

Conditional Resident Status

A two-year Conditional Residence Status is imposed on K-3/K-4s if the marriage is less than two years old at the time of adjustment or consular processing.

Benefits & Limitations

Once admitted to the United States, K-3 visa holders may apply for permanent resident status. K-4 nonimmigrants must have a Form I-130 filed on his/her behalf concurrently with or before applying for adjustment of status. Both K-3 and K-4 visa holders may apply to work legally in the U.S. by filing Form I-765, Application for Employment Authorization. As for limitations, K-3/K-4 visa holders gain admittance for only a two-year period. They may apply for two-year extensions as long as the I-130 petition is still pending. However, if their Form I-130, I-485, or immigrant visa application with the Department of State is denied, then their authorized stay expires 30 days after the date the denial is received. Divorce or annulment of the marriage also triggers automatic expiration.

How We Can Help Obtain Your K-1 Visa

Filing for a K-3/K-4 visa can be time consuming and tedious. Your petition must be approved by many governmental departments. It requires an enormous amount of paperwork, leaving plenty of room for error that can result in the denial or delay of your visa. We advise you to work with your choice of experienced K-3/K-4 visa lawyer to expedite the process and get visa without hassle as quickly as possible.

A visa consultant can fill out your paperwork but cannot provide you with professional legal advice concerning immigration law. Consultants are vulnerable to errors which can be devastating to your case. Often, visa consultants cost as much or more as K-3/K-4 visa lawyers with specialized skills, yet they lack the in-depth knowledge of immigration law that is required to navigate the field of K-3/K-4 visas with adequate success and efficiency.

Our K-3/K-4 visa attorneys experience benefits you in several key areas. We:

  • Clarify options and potential scenarios surrounding your case.
  • Assist you in collecting the proper documentation.
  • Correctly classify the application and ensure requirements are met.
  • Prepare and submit all forms and documentation.
  • Communicate with the  USCIS, and the Consulate.
  • Monitor the entire K-3/K-4 visa immigration application process.

K-3/K-4 Visa Attorney Experience & Responsiveness that Makes a Difference. Our K-3/K-4 Attorney Pledge:

  • 100% focused on processing your K-3/K-4 Visa quickly & successfully.
  • Strong K-3/K-4 Visa lawyer experience & deep knowledge of  K-3/K-4 Visas, consular processing, & USCIS.
  • Best in class service and a commitment to open, responsive communication.
  • Outstanding level of K-3/K-4 Visa Lawyer service at an affordable FLAT rate.
  • To discuss your case call: (415)-693-9131 or Mail Us.

Something very important you may want to know

Frequently Asked Questions

  1. 1
    What happens, if Your Child Turns 21 Before Obtaining Immigrant Status?

    Holders of K-4 non-immigrant visas will be admitted to the United States for 2 years or until the day before their 21st birthday, whichever is shorter. The K-4 non-immigrant ‘s status will expire when he or she turns 21. If the USC petitioner filed a Form I-130 on a K-4 non immigrant’s behalf before the K-4 turned 21, he or she may continue to be eligible for adjustment of status under the Child Status Protection Act.

  2. 2
    How long will it take to get my K visa?

    For Form I-129F, Petition for Alien Fiancé(e), you can visit the USCIS website for the status of your petition. Once your case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

  3. 3
    Does my U.S. citizen spouse need to file separate petitions for my children?

    No. Your children may apply for K-4 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen spouse filed on your behalf, but your U.S. citizen spouse must list the children on the petition. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee. Your U.S. citizen spouse is also not required to file I-130 petitions on behalf of your children before he or she is able to list them on the I-129F petition. However, your U.S. citizen spouse must file separate I-130 immigrant visa petitions for your children before they can qualify for permanent residence or apply for adjustment of status. Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child, the child’s stepchild relationship with your spouse must be created before your child reaches the age of 18.

  4. 4
    Does my U.S. citizen spouse need to file separate petitions for my children?

    No. Your children may apply for K-4 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen spouse filed on your behalf, but your U.S. citizen spouse must list the children on the petition. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee. Your U.S. citizen spouse is also not required to file I-130 petitions on behalf of your children before he or she is able to list them on the I-129F petition. However, your U.S. citizen spouse must file separate I-130 immigrant visa petitions for your children before they can qualify for permanent residence or apply for adjustment of status. Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child, the child’s stepchild relationship with your spouse must be created before your child reaches the age of 18.

  5. 5
    Are my children required to travel with me?

    Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-4 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-3 visa. If they want to travel later than one year from the date your K-3 visa was issued, they will not be eligible to receive K-4 visas, and separate immigrant visa petitions will be required. If your child has a valid K-4 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-4 visa.

  6. 6
    Adjustment of Status, Working in the United States, and Traveling Outside of the United States

    Information for K-3/K-4 visa holders about adjustment of status, permission to work in the United States, and travel outside of the United States is available on the under K-3/K-4 Nonimmigrant Visas.

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