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Marrying A Foreign National -
The K3 Visa & The K-4 Visa
Your
Questions Answered
Get A K-3 Visa - Attorney Services
Get A K-4 Visa - Attorney Services
Do It Yourself K-3/4 Kit
Need A Fianceé Visa?
What IsThe K-3 Visa?
The K-3 and K-4 Visas allow the Spouse and Spouse's children (unmarried
children under 21) enter the United States to await the approval of the
I-130 petition by INS or the availability of an immigrant visa.
Who Qualifies For A K-3 Visa:
The K-3 Visa allows the spouse of a U.S. citizen, who is waiting abroad for
an immigrant visa, and the (K-4 Visa) spouse's children to enter the United
States as non-immigrants, re-unite with their family here, and then apply
for immigrant status while in the country.
Spouses of U.S. citizens may be granted K-3 non-immigrant status, and the spouse's unmarried children (under 21 years of age) may be granted K-4 non-immigrant status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.
How to Apply:
For those who wish to apply for a K-3 non-immigrant visa, the Foreign
National must:
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Be the spouse of a U.S. citizen;
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Have a Form I-130 (Petition for Alien Relative) filed on his/her behalf by his/her U.S. citizen spouse, that is pending;
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Have a Form I-129F (Petition for Alien Fiancé(e)) completed and submitted on his/her behalf by his/her U.S. citizen spouse to the INS.
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Submit a completed Form I-693 (Medical Examination) when he/she appears at the consulate to apply for the K-3 visa from the Department of State.
To be eligible for a K-4 non-immigrant visa, an applicant does not need
a separate Form I-130 or a Form I-129F filed on his/her behalf. The K-4
applicant MUST:
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Be an unmarried child (under 21 years of age) of a K-3 visa applicant or holder;
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Submit a completed Form I-693 (Medical Examination) when he/she appears at the consulate to apply for the K-4 visa.
Applying for Immigrant Status (also known as: Green Card or Permanent
Residence):
The K-3 and K-4 non-immigrant classification does not provide immigrant status.
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To obtain immigrant status --once in the United States -- a K-3 non-immigrant must file a Form I-485 (Application for Adjustment to Permanent Residence).
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A K-4 non-immigrant must have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent and must file a Form I-485.
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K-3 and K-4 non-immigrants will become lawful permanent residents and receive their Green Card when both the Form I-130 petition and their Form I-485 application have been approved.
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K-3 and K-4 non-immigrants may elect to apply for an immigrant visa instead of adjustment of status and may wait in the United States until they must appear at the consulate for their visa interview.
Employment Authorization:
K-3 and K-4 non-immigrants may also apply for authorization to work in the United States while they wait for their immigrant status. To do so, completed Form I-765 (Application for Employment Authorization) must be submitted along with the $100 application fee to the INS.
Your Questions Answered
Get A K-3 Visa - Attorney Services
Get A K-4 Visa - Attorney Services
Do It Yourself K-3/4 Kit
Fiancee Visa
Your Questions Answered
Get A K-1 Visa - Attorney Services
Do It Yourself K-1
Kit
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