K-3 & K-4 Visas for Spouses & Unmarried Minor Children of U.S. Citizens

Process of Immigration Based on Marriage

Often, the process of immigrating based on a marriage to a U.S. Citizen spouse can take quite some time. In an effort to shorten the process of family unification, USCIS will grant a K-3 and K-4 visa. The spouse and children of a U.S. citizen may be admitted to the U.S. as K-3 and K-4 nonimmigrants to complete their process for permanent residence.

To be eligible for a K-3 nonimmigrant visa, the individual must meet the following requirements:

• Be the spouse of a U.S. citizen;
• Have a pending relative petition, Form I-130, filed with the USCIS; and
• Have the intent to enter the U.S. in order to await the completion of the permanent residence process.

K-4 nonimmigrants are derivative beneficiaries of the K-3 nonimmigrant. To be eligible for the K-4, the applicant must be unmarried, under 21 years of age, and be the child of the principle K-3 visa applicant or holder.

What happens after the K-3 or K-4 enters the United States?

Once in the U.S., the K-3 or K-4 nonimmigrant must file the application to adjust status to lawful permanent residence. These applications are submitted once the I-130 visa petitions have been approved by USCIS.

Can I travel on a K-3 or K-4 Visa?

Once a nonimmigrant has been granted a K-3 or K-4 visa, the individual may travel outside the U.S. and be readmitted with a valid K visa.