K-3 and K-4 Visas

Foreign spouses and their children may be granted K-3 and K-4 visas for reuniting with their U.S. citizen spouses. For a foreign spouse to be eligible for K-3, he or she must satisfy some requirements such as that the marriage is legitimate, and he or she has not violated any U.S. immigration law and so on. For a foreign spouse’s children to qualify for the K-4 visa, they need to proof that they are the foreign spouse’s children, under 21 years of age and unmarried. If the parent’s K-3 visa becomes invalid, then the children’s K-4 will become invalid as well. K-3 and K-4 holders can work in the U.S. upon approval of Work Authorization Application. K-3 and K-4 holders can travel outside the United States and come back without advance parole.

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How To Apply?
K-3 is generally done outside the United States. A typical scenario is: A U.S. citizen lived in a foreign country fell in love with a citizen of the foreign nation; they got married in that country. The U.S. citizen wanted to bring his or her spouse to the U.S. The U.S. citizen would need to file a Form I-130 and I-129F for the foreign spouse. After the approval of I-129F, the foreign spouse can then apply for K-3 from a U.S. Embassy or consulate abroad. K-4 application process is similar, it is just that the child or children’s name must be included in the I-129F. When it is approved, they will be allow to enter the U.S.
Benefits and Requirements
K-3 and K-4 are non-immigrant visas, they are generally used to enter the United States and reunite with U.S. citizen spouses. However, after entering the U.S., the foreign spouses and children can then apply for green cards. While they are in the U.S., they can work and go to school. The basic requirements are that the marriage must be legitimate, the children must be children of the foreign spouses. If the U.S. citizen wants to petition his spouse and the children for a green card, the children will be the adoptive children of the U.S. citizen. They are a few specific requirements for that. For more, please visit Immediate Relative of a U.S. citizen.
How We Can Help
We focus our legal service on immigration law. If you would like to unite with you loved ones in the U.S. or have any question regarding K-Visas, or any other immigration related questions or concerns, please feel free to contact us via phone call or email. We look forward to speaking with you. Contact Us