K-3/K-4 Visas – Spouse And Children Of A U.S. Citizen

K-3/K-4 Visas – Spouse and Children of a U.S. Citizen

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K-3/K-4 Visas – Spouse and Children of a U.S. Citizen

The K-3 and K-4 classifications allow a U.S. citizen to bring foreign national spouse and children living abroad to the U.S. while they are awaiting the adjudication of their immigrant visa petition.

Requirements

To qualify for the K-3 visa:

• The visa applicant must be married to a U.S. citizen;

• The visa applicant must have a pending immigrant petition filed by the U.S. citizen spouse;

To qualify for a K-4 visa:

• The child must be unmarried;

• The child must be under 21;

• The child must be the child of a qualified K-3 nonimmigrant visa applicant.

Period of Stay

The K-3 or K-4 classifications are granted for a two-year period and can be extended in two-year increments as long as the green card petition is still pending adjudication.

The K-3 and K-4 status expire 30 days after the denial of the green card application or termination of the marriage.

Children of K-3 Visa Holders

The stepchildren of the U.S citizen spouse can obtain a K-4 visa if the marriage between the child’s foreign parent and the U.S. citizen occurred before the child’s 18

The stepchildren of the U.S citizen spouse can obtain a K-4 visa if the marriage between the child’s foreign parent and the U.S. citizen occurred before the child’s 18th birthday.

Employment

Upon admission, K-3 and K-4 visa holders are eligible to apply for employment authorization.

Route to the Green Card

If, at the time of approval, the marriage is less than two (2) years old, the K-3 and K-4 are granted permanent resident status on a conditional basis for two (2) years. They will then have to apply for removal of the condition after 1 year and 9 months to receive a ten (10) year permanent resident card. (Click here for more information on the green card for family of a U.S. citizen.)

However, if the marriage is more than two (2) years old, the K-3 and K-4 visa holders are granted permanent resident status for ten (10) years.

For more information about this visa category contact us today to schedule a professional consultation with an Immigration Attorney. Call (305) 515-VISA (8472) or click here.

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Non-immigrant visas

• E visa: Treaty Trader (E-1) or Treaty Investor (E-2)
• H visa: Professional Workers
• I visa: Representative of the Media
• L visa: Intracompany Transferees
• O visa: Extraordinary Ability
• P visa: Athlete & Group Entertainers
• Q visa: International Cultural Exchange Program
• R visa: Religious Worker
• TN classification: Professional Visa under NAFTA
• K-1 visa: Fiancé of a U.S. citizen
• K-3/K-4 visas: Spouse & Children of a U.S. citizen
• V visa: Spouse & Child of a Permanent Resident
• B1/B2 visas: Vistors for Business or for Pleasure
• F and M visas: Academic and Vocational Students
• J visa: Exchange Visitor Program

Immigrant visas

• Family of a U.S. Citizen
• Family of a Lawful Permanent Resident
• EB1: Priority Workers
• EB-2: Members of Professions Holding Advanced Degrees or Aliens of Exceptional Ability
• EB-3: Professionals, Skilled Workers and Unskilled Workers
• EB-4: Special Immigrants
• EB-5: Immigrant Investor
• Green Card Lottery
• Rights & Responsibilities of Permanent Residents
• Maintaining Permanent Residence
• Travels as a Permanent Resident

 Citizenship and Naturalization

• Naturalization – General Requirements
• Naturalization for the Spouse of a U.S. Citizen 
• Naturalization Test
• Automatic U.S. Citizenship of Children Residing in the U.S.
• U.S. Citizenship for Children Residing Outside the U.S.

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