K-3

The K-3 and K-4 Visas are for the alien spouse and children of a US citizen who reside outside the United States. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.  Dependent children of K-3 applicant will receive K-4 visas.

To be eligible for a K-3 visa, the alien must be married to a US citizen and that the citizen spouse filed a I-130 Petition for Alien Relative. A child who is unmarried, under 21, and is the son or daughter of a qualified K-3 nonimmigrant visa applicant will be eligible to K-4 visa.

To obtain the K-3/K-4 visa, the US citizen petitioner should first file a I-130 petition on behalf of the alien spouse and any children. Then the petitioner should file Form I-129F for the alien spouse with the I-130 Receipt Notice to the Service Center where the underlying visa petition is pending. There is no fee when filing a Form I-129F for a non-citizen spouse (K-3). If your non-citizen spouse has any minor children seeking K-4 nonimmigrant visas, they should be listed on the I-129F filed on your spouse’s behalf to facilitate the application process.

If approved, USCIS will forward the I-129F to the U.S. Department of State for consular processing. However, if both I-130 and I-129F petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition, the nonimmigrant K-3 visa case will be administratively closed. If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition.

Once admitted to the United States, K-3 and K-4 nonimmigrant visa holders may obtain employment authorization.  Also, K-3 nonimmigrants may apply to adjust status to a permanent resident at any time. Upon admission to the United States, K-4 nonimmigrants may file an application for adjustment of status concurrently with or at any time after a Form I-130 has been filed by the U.S. citizen petitioner.

The Department of Homeland Security only admits K-3 or K-4 nonimmigrant visas holders for a 2-year period. K-3 or K-4 nonimmigrant visa holders may apply to USCIS for an extension of status in 2-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.

Holders of K-4 nonimmigrant 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 nonimmigrant visa holder’s status will expire when he or she turns 21. If the K-4 nonimmigrant visa holder has a pending application for adjustment of status, he or she may continue to be eligible for adjustment of status under the Child Status Protection Act.