K-3 and K-4 Visas
K-3 and K-4 Visas
K-3 and K-4 visas allow the alien spouse of a U.S. citizen and his or her minor children to live in the U.S. as nonimmigrants while they await for the I-130 petition to adjust their status to permanent residency. During this time, K-3 and K-4 visa holders are able to obtain work authorization while waiting for their adjustment of status, although they must be aware of the limitations surrounding them. If you are considering applying for a K-3 or K-4 visa for your family, be sure to seek the legal expertise of an experienced attorney at the Florida Immigration Law Counsel at 1-800-666-4996 to ensure that your options are best explored.
K-3 Visa Requirements
K-3 visa holders must be married to a U.S. citizen and must have two petitions filed for them with USCIS on his or her behalf.
Form I-130: This must be filed on the behalf of the non-citizen spouse with the Chicago Lockbox, where upon receipt a Form I-797, a Notice of Action, will be sent to you.
Form I-129F, the Petition for Alien Fiancé(e): After receiving the Form I-797, file this on behalf of the non-citizen spouse to the Dallas Lockbox. If approved, it will be forwarded to the U.S. Department of State for consular processing.
It is very important to note that a K-3 visa holder’s authorized stay expires 30 days automatically in the case of any of the following events:
- USCIS denies or revokes the Form I-130 visa petition
- USCIS denies a Form I-485 filed by the K-3 nonimmigrant or Department of State denies the immigrant visa application filed by the K-3 nonimmigrant
- Termination of the marriage through divorce or annulment
The K-4 visa was created by USCIS for the children of alien spouses who are residing in the United States as nonimmigrants. The parent of the child must hold a K-3 visa, and if it is terminated, so is the K-4, automatically, within 30 days. A child may be eligible for a K-4 visa if:
- He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant
- In the case for a K-4 who is a step-child of a U.S. citizen to immigrate as a relative of the U.S. step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the U.S. citizen must have occurred before his or her 18th birthday.
Navigating through immigration law can be a difficult and stressful process. To discuss your case, contact an experienced K-3 visa attorney at the FL-ILC by calling 1-800-666-4996 today.