On December 21, 2000, the Legal Immigration and Family Equity (LIFE) Act amended the K nonimmigrant visa category to include the spouse and unmarried children of United States citizens. With this modification, the spouse and children of a United States citizen may be admitted to the United States as K-3 and K-4 nonimmigrants to complete their process for permanent residence. One of the principal benefits of K-3 and K-4 visas is that immediate families will be unified several months faster than if they were pursuing a typical immediate relative immigrant petition.
How do I determine whether I am eligible for a K-3 or K-4 visa?
To be eligible for a K-3 nonimmigrant visa, the individual must meet the following requirements:
- Be the spouse of a United States citizen.
- Have a pending relative petition, Form I-130 filed with the USCIS.
- Have the intent to enter the United States in order to await the completion of the permanent residence process.
- Have an approved Form I-129F, Petition for Alien Fiancé. This form shall be forwarded by the USCIS to the United States consulate where the spouse wished to apply for the K-3 visa. The consulate specified on the Form I-129F must be one of the following:
- If the marriage occurred outside of the United States, the consulate where the marriage took place, OR
- If the marriage occurred in the United States, the consulate with jurisdiction over the current residence of the alien spouse.
K-4 nonimmigrants are derivative beneficiaries of the K-3 nonimmigrant. To be eligible for the K-4, the applicant must be unmarried, under 21 years of age, and be the child of the principle K-3 visa applicant or holder. Separate Form I-130s and Form 1-129Fs are not required for the K-4 applicant. However, in order to ensure that there are no problems during the adjustment of status process, it is recommended that the children’s I-130 be filed concurrently with the I-130 for the K-3 applicant.
Do I have to apply for an adjustment of status?
Obtaining the K visa and traveling to the United States does not complete the entire process for permanent residence. Once in the United States, each K-3/4 nonimmigrant must file a Form I-485, Application to Register Permanent Resident or Adjust Status, with the INS. These applications for adjustment of status can only be submitted after the spouse’s Form I-130 has been approved by the Service. If a Form I-130 has not been completed for each of the K-4 children, the children must file a Form I-130 concurrently with their Form I-485.
Am I allowed to work with a K-3 or K-4 visa?
Both K-3 and K-4 nonimmigrants are eligible to obtain work authorization while their permanent residence application is pending. In order to apply for work authorization, individuals must submit a Form I-765, Application for Employment Authorization, with $175 to the Chicago address listed for the submission of the Form I-129F.
Can I travel on a K-3 or K-4 Visa?
Once a nonimmigrant has been granted a K-3/4 visa, the individual may travel outside the United States and be readmitted with a valid K visa.
How can my K-3 or K-4 status be terminated?
These visas are no longer valid 30 days after one of the following:
- Denial of the I-130.
- Denial of Adjustment of Status.
- A final divorce of the marriage.
- A K-4 nonimmigrant turning 21 years old or marrying.
- Approval of permanent residence for the K-3, thus terminating the derivative K-4 status.
- The expiration of two years without a request for an extension of stay.