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

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

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.

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Effective March 25, 2020, in response to “Stay at Home” orders Joseph & Hall PC is closed to the public and is now conducting nearly all of its operations remotely during the COVID-19 health crisis through April 18th.

We continue to have a limited number of staff in our office to perform basic operations such as assembling and filing petitions, receiving and distributing mail and issuing checks. We are grateful to be in a business that is conducive to remote work and for all of your patience and support.  Our lawyers and paralegals are here to answer the array of questions that continue to arise daily and will keep you informed during these rapidly changing times.  We will hold telephonic or video meetings rather than in-person meetings.  These meetings can be done by SKYPE or Zoom Conference call so that you can continue to interact with your legal team, face-to-face.

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