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.
I Accept

This site uses cookies to offer you a better browsing experience. If you continue using our website, we'll assume that you are happy to receive all cookies on this website and you agree to our Privacy Policy.