K 3 Visa for Spouse of U.S. Citizens & their Children

The nonimmigrant K-3 (spouse) and K-4 (child) visas have been created to reunite families that have been, or could be, subject to a long separation while their immigrant visa applications are being processed. The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition.

Who is eligible?

Spouses of U.S. citizens and their children under the age of 21 for whom an immigrant visa petition has been filed with the United States Citizenship and Immigration Services, but the immigrant visa is not yet immediately available to them. That is to say, the immigrant visa petition, Form I-130 has not been received by the Embassy/Consulate which will process their application. Note: The child of a U.S. citizen will qualify for a K-4 visa only if he or she has no claim to U.S. citizenship and his or her parent qualifies for a K-3 visa.

How do I apply?

To qualify for the K-3 or K-4 visa, the applicant must be a beneficiary of an immigrant visa petition, Form I-130. While there is no requirement that a separate I-130 be filed on behalf of the child, such action would be prudent and beneficial to the child as the U.S. citizen will be required to file an I-130 at a later date in order for the child to adjust status to that of Lawful Permanent Resident.

In order to active the processing of the K-3 or K-4 visa, the U.S. citizen must file a petition, Form I-129F petition with the United States Citizenship and Immigration Services (USCIS). There is no requirement that an I-129F be filed on behalf of the child as he or she will automatically derive status from the petition.

What happens to the approved petition?

The approved petition is forwarded to the U.S. Embassy or Consulate in the country where the marriage ceremony took place. If you married in the United States, the Embassy or Consulate in your last place of residence before traveling to the U.S. will process your application.

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