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.
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.
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.