IMMIGRATION: K-3 Visas - For overseas Spouses & Minor Stepchildren
with a pending I-130 Relative Petition.

THE "K-3 and K-4" VISA CATEGORY

"K" Nonimmigrant Visa Provision of the LIFE Act

For many years, the processing of I-130 Relative Petitions by the U.S. Citizenship & Immigration Services (CIS) was so slow that an expedited method to reduce the separations immediate family members of U.S. citizens was needed to shorten the waiting abroad for an immigrant visa. In response to this dilemma, Congress enacted a law that expanded the K visa status, formerly available only to fiancé(e)s of U.S. citizens, to include the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the spouse's children. Because of recent shortened processing times of the I-130 Relative Petition by the U.S. Citizenship & Immigration Services, a K-3 visa may not be of any advantage.

A K-3 (K-4's for unmarried minor stepchildren) allows the approved applicanat to enter the United States as nonimmigrant, reunite with the US citizen spouse/father, and then apply for immigrant status while in the country. The advantage is saving time over the traditional Immigrant Consular Processing, as much as three months or more, depending upon current Immigration Service processing backlogs.

Under the K-3/4 nonimmigrant visa classification, spouses of U.S. citizens may be granted K-3 nonimmigrant status, and the spouse's unmarried minor children (under 21 years of age) may be granted K-4 nonimmigrant status.

Obtaining a K-3 or K-4 visa is not required, however, and spouses of US citizens and their minor children may skip applying for a K visa and directly obtain their Immigrant Visa abroad from the US Embassy or Consulate in the traditional manner. Our experience has shown that K-3 visas do not assist in speeding the immigration process, as they were designed to do several years ago when I-130 Relative Petitions were backed up a year or more.

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K-3 Visa Eligibility:

To be eligible for a K-3 Nonimmigrant Visa, an applicant MUST:

1. Be the spouse of a U.S. citizen;

2. Have a Form I-130 (Petition for Alien Relative) filed on
his or her behalf by his/her U.S. citizen spouse, that is pending;

3. Pay the appropriate USCIS filing fee;

5. Submit a completed Form I-693 (Medical Examination)
to the Consular Officer at the time of visa issuance.

K-4 Visa Eligibility for Children:

To be eligible for a K-4 Nonimmigrant visa, the K-4 applicant MUST:

1. Be an unmarried child (under 21 years of age)
of a K-3 visa applicant or holder;

2. Submit a completed Form I-693 (Medical Examination)
to the Consular Officer at the time of visa issuance.

Applying for Immigrant Status The K-3 or K-4 nonimmigrant classification does not provide immigrant status. To obtain immigrant status, a K-3 or K-4 nonimmigrant must file an Application for Adjustment to Permanent Residence after arrival in the United States.

K-3 nonimmigrants may apply for Employment Authorization to work in the United States while they wait for their immigrant status to be approved.

Note: K-3 and K-4 visas are complex and can be slow. Because of shortening CIS processing times for I-130 Relative Petitions, a K-3 visa may not speed up the process of the alien coming to the United States. Qualified immigration counsel should be consulted for assistance.

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