Obtaining a K-3 or K-4 Visa

For many years, U.S. citizens who wanted to marry foreign nationals were advised to obtain K-1 fiancé(e) visas and marry them in the United States rather than face the lengthly processing times associated with getting a visa for someone based on an overseas marriage. Fortunately, the Legal Immigration Family Equity Act (LIFE Act) established a new nonimmigrant category that allows the spouse or child of a U.S. citizen to be admitted to the United States through the K-3 and K-4 visa categories. DURRANI LAW FIRM can answer your questions about both.

Who is eligible for a K-3 visa?

You can receive a K-3 visa if you:

Are married to a U.S. citizen,

Have a Form I-130 (Petition for Alien Relative indicating a desire to immigrate) filed by that U.S. citizen on your behalf,

Want to enter the U.S. to await the approval of the petition and subsequent lawful permanent resident status and

Have had an approved Form I-129 (Petition for Alien Fiancé(e)) forwarded to the U.S. consulate abroad where you wish to apply for the K-3 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas there. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

Who is eligible for a K-4 visa?

You can receive a K-4 visa if you are under 21 years old, unmarried and the child of an alien eligible for a K-3 visa.

What does the application procedure involve?

The U.S. citizen must file a Form I-130 (Petition for Alien Relative) on behalf of his or her alien spouse with the applicable Service Center that has jurisdiction over the U.S. citizen's place of residence. The petitioner will then receive a Form I-797 (Notice of Action) indicating that the I-130 was received. A copy of the I-797 should be sent along with a completed Form I-129F (Petition for Alien Fiancé(e)) on behalf of the spouse and any children to:

U.S. Immigration and Naturalization Service
P.O. Box 7218
Chicago, IL 60680-7218

Once the Form I-129F is adjucated, the petition is forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for their nonimmigrant K-3 or K-4 visas.

Can I get a work permit if I'm here under a K-3 or K-4 visa?

If you're in K-3 or K-4 status or are an applicant to adjust to permanent resident status from K-3 or K-4, you are eligible to apply for a work permit while your case (either via Form I-130 [Petition for Alien Relative] or Form I-485 [Application to Register Permanent Residence or Adjust Status]) is pending. Use Form I-765 (Application for Employment Authorization) to apply for your work permit.

Once you're registered as a lawful permanent residence, you will no longer need a work permit.

Although the K-3 and K-4 visa categories make bringing a foreign spouse or child to the U.S. much easier, their similarities to K-1 and K-2 categories can be confusing. Contact a lawyer at DURRANI LAW FIRM by phone (866-DURRANI) or email with any questions.