The K-3 visa is a nonimmigrant visa that allows the alien spouse of a U.S. citizen, along with his or her minor children, to come to the United States while their spousal petition is pending. The K-3 visa is valid for two years. The non-citizen spouse's minor children may enter the U.S. on K-4 visas.
Once admitted to the United States, an alien who enters on a K-3 visa is immediately eligible to apply to adjust status to a permanent resident. If the alien spouse does not adjust his or her status to that of a legal permanent resident, the spouse may petition to extend the K-3 visa in two year increments as long as a marriage-based I-130 immigrant petition or a corresponding application for adjustment of status or visa application remains pending adjudication.
It is not necessary to file a Form I-864, Affidavit of Support, when applying for a K-3 or K-4 visa, but it is necessary to document that a K-3 or K-4 nonimmigrant will not become a public charge once in the United States. When the K-3 or K-4 nonimmigrant applies for adjustment of status, it becomes necessary to file Form I-864.
To be eligible for a K-3 visa a person must meet the following requirements:
Valid Marriage: The person must be the spouse of a U.S. citizen as the result of a valid marriage.
Pending I-130: The citizen spouse must have filed a Form I-130, Petition for Alien Relative, on behalf of the alien spouse.
Form I-129: After filing the Form I-130, and receiving a Form I-797, Notice of Action, indicating that it has been received by the USCIS, the U.S. citizen spouse must file Form I-129F, Petition for Alien Fiancé(e), on behalf of the non-citizen spouse.
If the alien spouse has any children who will be applying for K-4 visas, they should be identified on the alien spouse's I-129F form.
A K-4 visa allows the children of the alien spouse to enter the United States in association with their parent's valid K-4 visa. In order for a child to be eligible for a K-4 visa, the child must also be unmarried, under the age of 21.
For a stepchild of the U.S. citizen to immigrate as a relative of the citizen parent, the marriage between his or her parent and the U.S. citizen spouse must occur before the child reaches the age of 18.
Holders of K-4 nonimmigrant visas are admitted to the United States for 2 years or until the day before their 21st birthday, whichever comes first. Within those constraints, and subject to the same terms as apply to extension of the parent's K-3 visa, a K-4 visa may be extended in increments of up to two years.
Upon admission to the United States as a K-4 nonimmigrant, either when the citizen spouse files an I-130 on his or her behalf or at any time after the I-130 has been filed, the child may file an application for adjustment of status.
What Happens if a K-4 Dependent Turns 21 or Gets Married
A K-4 visa nonimmigrant 's status will expire when he or she reaches the age of 21. If the U.S. citizen petitioner filed a Form I-130 on behalf of the K-4 child before the child reaches the age of 21, the child may continue to be eligible for adjustment of status under the Child Status Protection Act.
If a K-4 nonimmigrant marries, his or her status automatically expires 30 days after the date of marriage
Upon admission, K-3 and K-4 nonimmigrant visa holders may obtain employment authorization. They can obtain evidence of eligibility to work legally in the United States by filing Form I-765, Application for Employment Authorization. Upon filing an application for adjustment of status, K-3 and K-4 nonimmigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 nonimmigrant status expires.
Holders of K-3 or K-4 visa may use their unexpired visas to travel out of the United States and to return to the United States, even while they are applying for adjustment of status. Advance parole is not required unless the K-3 or K-4 visa expires while the petition for adjustment of status remains pending.
To qualify for permanent residency, a K-3 or K-4 visa holder must have an approved form I-130. The holder of a K-3 or K-4 visa may apply for a permanent residency at any time, even while the Form I-130 remains pending, by filing Form I-485 ( Application to Register Permanent Residence or Adjust Status. K-3 visa holders may petition for permanent residency only based upon marriage to the U.S. Citizen spouse who petitioned for their K-3 status.
Once a K-3 visa holder's I-130 reaches the Department of State, an immigrant visa is immediately available. As a consequence, as of that moment the alien spouse and his or her children are no longer eligible for K-3 or K-4 status, and instead must immigrate as lawful permanent residents.
Filing Form I-130 for a Dependent Minor
If at that time a child does not have an approved I-130 at the Department of State, that child will not be eligible to immigrate with the spouse of the U.S. Citizen. Consequently, although it is not required that an I-130 be fined on behalf of the child in order to obtain a K-4 visa, the citizen spouse should file an I-130 for each child at the same time that he or she files an I-130 on behalf of the alien spouse.
Approval of Adjustment of Status
Once a K-3 or K-4 nonimmigrant's petition for adjustment of status has been approved, that person becomes a legal permanent resident of the United States. If at that time a spouse has been married to the U.S. citizen spouse for less than two years, a K-3 and K-4 immigrants will become a conditional permanent resident, and must file a Form I-751 Petition to Remove Conditions of Residence during the 90 day period preceding the expiration of their green card.