Understanding K-3 and K-4 Visas
Navigating U.S. immigration can be a complex journey, particularly for married couples separated by international borders while awaiting visa approvals. If you’re a U.S. citizen with a foreign spouse, you may be eligible to use K-3 and K-4 nonimmigrant visas to reunite sooner. Here’s a comprehensive guide to understanding these visas, eligibility requirements, and application processes.
What Are K-3 and K-4 Visas?
The K-3 and K-4 visas were introduced by Congress to address the lengthy processing times often associated with immigration petitions. Traditionally, families could be separated for extended periods while awaiting approval of the Form I-130, Petition for Alien Relative, which is the first step in the immigration process for spouses. By allowing the foreign spouse (K-3 visa) and eligible children (K-4 visa) to enter the U.S. temporarily, these visas aim to shorten the time families spend apart.
Due to faster processing times for the Form I-130, however, the need for K-3 and K-4 visas has significantly decreased.
Eligibility for K-3 and K-4 Visas
To qualify for a K-3 visa, the U.S. citizen must file Form I-130 on behalf of the foreign spouse, and the spouse must meet specific eligibility requirements:
- Marriage to a U.S. Citizen: The foreign spouse must be legally married to the U.S. citizen petitioner.
- Beneficiary of a Form I-130: A Form I-130, Petition for Alien Relative, must be filed by the U.S. citizen on behalf of their foreign spouse.
- Intention to Await Processing in the U.S.: The foreign spouse must seek to enter the U.S. to await the decision on their Form I-130.
Children of the K-3 visa applicant may also be eligible for a K-4 visa if they meet the following criteria:
- Under 21 Years Old: The child must be younger than 21 at the time of the application.
- Unmarried: Only unmarried children qualify for a K-4 visa.
- Child of the K-3 Applicant: The child must be a biological or adopted child of the K-3 visa applicant.
How to Apply for K-3 and K-4 Visas
The U.S. citizen petitioner must initiate the visa application process by filing two key forms:
- Form I-130, Petition for Alien Relative: Submit this form to the appropriate USCIS office, following instructions on the “Where to File” section for Form I-130. After submission, the petitioner will receive a Form I-797, Notice of Action, confirming receipt.
- Form I-129F, Petition for Alien Fiancé(e): This form allows the foreign spouse to apply for a K-3 visa. The Form I-129F can be filed together with the Form I-130 or afterward, including a copy of the Form I-797 to show that USCIS received the Form I-130.
For children of the foreign spouse, no additional I-129F or I-130 form is required for the K-4 visa; however, each child must be listed on the I-129F.
Note: Each child must have a separate Form I-130 to eventually apply for permanent residency (a Green Card).
What Happens When Form I-130 Is Approved?
If the Form I-130 is approved before or at the same time as Form I-129F, the need for a K-3/K-4 visa becomes unnecessary because the foreign spouse and children will then apply directly for immigrant visas and enter the U.S. as lawful permanent residents.
In cases where Form I-129F is approved first, the spouse and children can proceed with their K-3/K-4 visas, which will allow them to travel to the U.S. while awaiting a final decision on their Form I-130.
Period of Admission and Extensions
K-3 and K-4 visa holders are generally admitted for a period of two years, though K-4 visas expire once the child turns 21. Extensions may be available if the immigration process remains incomplete; applications for extensions (Form I-539) can be submitted within 120 days before the visa expires.
Employment and Travel
K-3 and K-4 visa holders can work in the U.S. and should file Form I-765, Application for Employment Authorization, to receive proof of authorization. Additionally, they may travel internationally, using their visa for re-entry unless the visa expires while abroad, in which case they will need advance parole if they have a pending Form I-485, Application to Register Permanent Residence or Adjust Status.
Steps Toward Permanent Residency
K-3 and K-4 visa holders can pursue lawful permanent residency by applying for a Green Card through Form I-485. It’s important to note that K-3 visa holders must apply based on their marriage to the U.S. citizen petitioner, while K-4 visa holders apply based on the step-parent relationship created by the marriage.
If the marriage is less than two years old at the time of Green Card approval, K-3 and K-4 holders will become conditional permanent residents and must file Form I-751, Petition to Remove Conditions of Residence, within 90 days before their conditional Green Card expires.
Automatic Termination of K-3 and K-4 Status
K-3 or K-4 status may terminate automatically 30 days after events such as:
- Denial or revocation of the Form I-130.
- Denial of the Form I-485 application.
- End of marriage through divorce or annulment (K-3).
- Turning 21 years old or marrying (K-4).
Conclusion
K-3 and K-4 visas offer temporary solutions for family reunification during the immigration process, allowing spouses and children to join their U.S. citizen family members sooner while awaiting the final decision on their immigrant petitions. Although these visas are less frequently utilized due to shorter I-130 processing times, they can be a critical resource for families seeking to minimize separation.
For more information on how Sisu Legal Immigration can help you navigate the U.S. marriage-based immigration process, schedule a Strategy Session with one of our immigration lawyers.