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Foreign nationals who are spouses of United States citizens, and the foreign national spouse’s children under the age of 21, can enter the United States on nonimmigrant K-3 and K-4 visas and adjust their status to permanent residence after entry. Before a K-4 visa can be issued to the child of a foreign national spouse of a United States citizen, the foreign national spouse must have a K-3 visa or be in K-3 status.
Two petitions must be filed with U.S. Citizenship and Immigration Services (USCIS) to obtain a K-3 visa. After USCIS approves the second petition, which is a variant of the fiancée visa petition, it is sent by USCIS to the National Visa Center. The National Visa Center then sends the petition electronically to the embassy or consulate in the country in which the marriage took place. If the marriage took place in the United States, the National Visa Center will send the petition to the embassy or consulate in the foreign national spouse’s home country. Certain countries do not have United States embassies or consulates. These petitions are sent to the embassy or consulate that issues visas for the spouse’s home country. An interview is held at the United States embassy or consulate in the country in which the marriage took place unless there is no embassy or consulate in that country or the marriage took place in the United States.
The K-3 petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition if it expires before the foreign national spouse finishes processing the visa.
Children of foreign national spouses do not need separate Alien Relative Petitions, but do need to be named on the K-3 petitions. Separate Alien Relative Petitions must be filed for the foreign national spouse’s children before they qualify for permanent residence after entering the United States on K-4 visas. When K-4s adjust status in the United States, they must file separate applications to adjust their status with USCIS. In order to qualify as a child under the Immigration and Nationality Act, a child must be under the age of 21 and unmarried.
A K-3 visa holder is eligible to file for employment authorization in the United States.
K-3 and K-4 visa holders cannot change status in the United States to another non-immigrant visa category.
Foreign nationals present in the United States in K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3 or K-4 visas. If the K-3 or K-4 visa holders have filed for adjustment of status in the United States prior to departure from the United States, USCIS will not presume that the departure constitutes abandonment of an adjustment of status application. K-3 and K-4 visas are multiple entry visas which are valid for two years.
May Law Group, LLC, successfully files many K-3 visa applications each year and has vast experience in dealing with the foreign consulates and embassies at which the K-3 visas applicants are interviewed.
Contact an Immigration Attorney in Pittsburgh or Philadelphia, Pennsylvania, New York
To speak to an immigration lawyer about your immigration goals, including obtaining a work visa in Philadelphia or Pittsburgh, Pennsylvania, West Virginia, Ohio, New York or anywhere in the United States, we welcome you to contact us online or call 412-291-4400 | 215-880-4977 | 347-839-1700 . Free consultations are available. We represent clients throughout the United States, including Pittsburgh and Philadelphia, Pennsylvania, West Virginia, Western Pennsylvania, Eastern Ohio, New Jersey, Philadelphia County, Allegheny County, and worldwide in Korea, Africa, India, and Pakistan.