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K-3/K-4 VISA FOR SPOUSE/CHILDREN OF
U.S. CITIZENS

Form I-129F | Form I-130 | DS-230-I | DS-156

The nonimmigrant K-3 visa (spouse) and K-4 visa (child) has been created to reunite families that have been, or could be, subject to a long separation while their immigrant visa petitions are being processed. The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition.

Spouses of U.S. citizens and their children under the age of 21 for whom an immigrant visa petition has been filed, but not approved by the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS), are eligible for this visa category.

Note: The child of a U.S. citizen will qualify for a K-4 visa only if he or she has no claim to U.S. citizenship and his or her parent qualifies for a K-3 visa.

FIRST: To qualify for the K-3 or K-4 visa, the applicant must be a beneficiary of an I-130 petition. A separate I-130 petition must be filed on behalf of each child in order for the child to later adjust status to that of a Lawful Permanent Resident (LPR).

In order to activate the processing of the K-3 or K-4 visa, the U.S. citizen must file an I-129F petition with the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS). Note: The I-129F may only be filed in the United States. There is no requirement that a separate I-129F petiton be filed on behalf of a child, if a petition is filed for the child's parent.

SECOND: The approved petition is forwarded to the National Visa Center (NVC) which will conduct certain preprocessing procedures. NVC will then forward the file to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the Embassy or Consulate in the beneficiary's place of residence abroad will process the application. This Embassy processes K-3/K-4 visas for applicants whose marriage took place in Austria, and for Iranian nationals.

Note: It is not possible to change status from another nonimmigrant visa classification to a K-3 or K-4, if one is physically present in the United States.

THIRD: On receiving the approved form I-129F from NVC, the Immigrant Visa Unit at this Embassy will send the visa applicant the Packet of Instructions (forms DS-230-I, two forms DS-156, and a document checklist). The applicant is required to complete and return the form DS-230-I immediately to enable the Immigrant Visa Unit to complete the required administrative processing. Upon receipt of the notification that the applicant is in possession of all required documents the Immigrant Visa Unit will schedule the appointment for the medical examination and the formal visa interview. K-3/K-4 visa applicants are required to pay the non-immigrant visa application fee which is currently US $ 131 or the equivalent in local currency.

Note: In the wake of the September 11 terrorist attacks against New York, Washington, DC and Pennsylvania, temporary special processing requirements have been imposed on nonimmigrant visa applicants. These requirements may lead to significant delays in visa processing. You may be assured, however, that every effort is being made to process all visa applications as expeditiously as possible, consistent with all relevant security concerns.

FOURTH: If found admissible, the applicant will be admitted into the United States for a two year period to await the issuance of an immigrant visa. Holders of K-4 visas will be admitted for two years or until the day before their twenty-first birthday, which ever is shorter. If the I-130 petition is denied or revoked by USCIS, the status of the K-3 and K-4 visa holder will terminate 30 days later. His or her status will also terminate, if he or she divorces the U.S citizen, or in the case of a K-4 visa holder, turns 21 or gets married.

WORKING IN THE U.S. ON K-3/K-4 STATUS: The USCIS may grant permission for the K-3 or K-4 visa holder to take up employment in the U.S. To obtain employment authorization the applicant will need to file form I-765 with the USCIS office which covers his/her place of residence in the U.S after the arrival there. Questions concerning employment should be directed to USCIS.

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