The K4 visa allows children of K3 spouse visa holders to enter the United States and await the availability of their immigrant visa approval.
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The K4 visa falls under the category of U.S. family visas. It is a non-immigrant visa that allows children of a K3 spouse visa holder to enter the United States while waiting for the availability of an immigrant visa.
Qualified children must meet the following requirements:
The K4 visa is a non-immigrant visa that allows the child of a K3 spouse visa holder to accompany their parents to the United States. The K3 visa is a non-immigrant visa for the spouse of a U.S. citizen. The K3 and K4 visas allow spouses of U.S. citizens and their dependents to live in the United States while waiting for approval of their permanent residence application.
Holders of K3 and K4 visas are eligible to apply for a green card (also known as an immigrant visa), after USCIS has approved the Form I-130 Petition for Alien Relatives filed on their behalf by a U.S. citizen.
Only children under the age of 21 who are neither married nor living independently are eligible for a K4 non-immigrant visa. This status can also be extended to the step-child, adopted child, or biological child of the K3 spouse visa holder if they meet the requirements.
With a K4 visa, you can legally reside in the United States while waiting for your immigration status to change. You can also attend schools, travel outside of the United States, and apply for an Employment Authorization Document (EAD) with the United States Citizenship and Immigration Services. If your EAD application is approved, you will receive a work permit to work and earn a living in the U.S.
Once a petition for a K4 visa has been submitted, you can apply for a green card by filing an application to adjust your status. K4 visa holders must have a Form I-130 in order to be eligible for a green card.
The eligibility requirements for a K4 visa include:
It is important to note that the K4 visa status only applies to children of married couples. If you are just engaged but yet to marry your U.S. citizen partner, you and your children may still be eligible to enter the United States. In that case, a dependent child will need to go through the K2 visa process for dependents of the foreign fiancé (e) for your children to join you. Eligible K2 visa applicants are children of K1 Fiancé visa applicants.
The first step in the K4 visa application process is the submission of Form I-130, Petition for Alien Relative. While the I-130 is still pending, you (U.S. citizen) can also file Form I-129F, Petition for Alien Fiance. You may also submit the two forms at the same time.
The two petitions must be submitted by a U.S. citizen who wishes to bring their foreign spouse and their children to the U.S. Because the K4 is an independent visa, the petitioner (U.S. citizen) does not need to file a separate petition for K4 applicants. You only need to include the names of all the children you want to accompany your spouse to the U.S. The process is as follows:
There is no charge if you file a Form I-129F for your spouse to obtain a K3 visa. To get a K4 visa for your spouse’s children, you don’t need to file a separate Form I-129F or Form I-130.
The documents required when applying for a K4 visa include:
A K4 visa will be issued to your eligible children at the same time as the K3 spouse visa is issued to you. Therefore, the processing time for K4 visas is based on several steps. These include the processing times for Form I-130 and I-129F petitions, as well as the consular processing at the U.S. embassy or consulate.
Keep in mind that all children over 14 years old must participate in a visa interview. Generally, children under the age of 14 are not required to participate.
If USCIS approves the I-130F before or at the same time as the I-129F, your children cannot apply for a K4 visa. They must directly adjust their status to become a permanent resident.
The U.S. immigration system can sometimes appear complex and difficult to navigate. Our attorneys are highly qualified in all areas of U.S. immigration law and can assist you with the K3 or K4 visa application process.
Some of the supports we can offer include:
Once the K4 visa is granted, our attorneys can also help you with the application to adjust your status in order to secure permanent residence for your child’s stay in the United States.