MyFianceeVisa.com

 

K1 fiancee and K3 visa information

High Success

Reasonable rates

Hire an experienced immigration attorney to prepare your paperwork

Call 626-810-1357

Email us

K-3 and K-4 visas FAQ

The nonimmigrant Kii visa, known as the K-3 (spouse) and K-4 (child) visa has 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 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. citizen 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 I-130 petition. 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 an I-129F petition with the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS). THe USCIS is processing all of these petitions through the USCIS office in Chicago, Illinois. The address is United States Citizenship and Immigration Services, P.O. Box 7218, Chicago, IL 60680-7218. Note: The I-129F may only be filed in the United States. 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.

What is the role of the Embassy? The U.S. embassy in London processes K-ii visas for applicants whose marriage took place in Great Britain or Northern Ireland. If your marriage took place outside the United Kingdom, you should contact the U.S. Embassy or Consulate there for further information. Note: It is not possible to adjust status from another nonimmigrant visa classification to an K-3 or K-4 if physically present in the United States.

On receiving the form I-129F, the Immigrant Visa Unit at this Embassy will send the visa applicant the packet of forms that he or she is required to complete in connection with the administrative processing of the application. On receipt of these forms, the Immigrant Visa Branch will complete any additional administrative processing which may be required and schedule the appointment for the formal visa interview. On the day of the interview, a medical exam will take place.

What happens once I enter the United States? If found admissible, you will be admitted into the United States for a two year period to await the issuance of an immigrant visa. Holders of K-4 visas will be admitted for two years or until the day before their twenty-first birthday, which ever is shorter. If the I-130 petition is denied or revoked by USCIS the status of the K-3 and K-4 visa holder will terminate 30 days later. His or her status will also terminate if he or she divorces the U.S citizen, or in the case of a K-4 visa holder, turns 21 or gets married.

Can I work? The USCIS may grant permission for the K-3 or K-4 visa holder to take up employment in the U.S. To obtain employment authorization you will need to file form I-765 with the USCIS Service Center which covers your place of residence in the U.S after your arrival there. Questions concerning employment should be directed to USCIS.