Obtaining the proper visa is often a critical first step an individual must take to ensure they will be permitted to live, work or conduct business in a foreign nation. Immigration law and, in particular, visa issues can be complex and it is recommended that those with questions speak with an immigration lawyer.
What Is The K-3/K-4 Visa?
This visa enables a foreign-born spouse of an American citizen as well as the couple’s alien children, to reside and seek employment in the United States under Nonimmigrant status while they wait for the approval of I-130, Petition for a Foreign Relative, which grants them status of a permanent resident in the US.
K-3/K-4 Visa Eligibility Requirements
To be granted K-3 spouse status, an applicant must be married to an American citizen. In addition, his or her spouse must have previously filed Form I-130 on his or her behalf. Child applicants will be eligible to be bestowed K-4 status if they are under 21 years of age, are not currently married and are the legitimate children of K-3 applicants. Certain special provisions exist. An immigration lawyer can help you determine whether or not such special provisions apply to your case.
What Is The Application process?
Before someone can be considered for K-3/K-4 status, the United States-born petitioner must first complete Form I-130 and submit it to the United States Citizenship and Immigration Services (USCIS) Offices. Once the USCIS processes and accepts Form I-130, the petitioner will be sent Form I-797, which acknowledges the USCIS has received the application. When the petitioner receives Form I-797, he or she will then be required to complete Form I-129 F, Petition For Alien Fiancee. Once the petitioner completes Form I-129 F, he or she will submit it and Form I-797 to the USCIS.
Though alien children are not required to fill out applications to be granted K-4 status, their names must be included on both the I-130 and I-129 F Forms. Upon receipt of the appropriate documentation, the USCIS will review the case and render a decision. If the petitioner’s application is approved, the non-resident and his or her children must then apply to the United States Department Of State for K-3/K-4 Visas, respectively.
The K-3/K-4 Visa process, like most others, requires the completion of several steps and numerous forms. It is important to note that failure to complete a necessary form or providing the USCIS an incomplete application can result in delays and keep families apart unnecessarily. Therefore, if you are uncertain about any aspect of the process, you should contact an immigration attorney who can offer clarification.