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:
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.
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.
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.
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