Spouses of US citizens who are living abroad may be sponsored for K-3 visas by their citizen spouses. Their children may be sponsored for K4 visas.
These visas shorten the time that they must remain separated from their citizen spouse/parent who is residing in the US.
Eligibility for K-3 Visas
- Married to a US Citizen
- Pending Form I-130 (Petition for Alien Relative)
- Approved I-129F Petition (No filing fee)
Eligibility for K-4 Visas
- Under 21
- Child of a Qualified K3 Visa Applicant
- Must be listed on form I-129F
Benefits of K-3 and K-4 Visas
There are various benefits that come with a K3 visa or K4 visa. Those who hold these visas may apply to adjust status to a permanent resident at any time. In addition, they may obtain employment authorization.
K3 and K4 Visa Limitations
There are, however, some limitations that come with a K3 Visa or K4 Visa. For example, K3 or K4 visa holders can not change status to another temporary visa category. In addition, there are several instances in which a K3 visa can automatically expire after 30 days such as: denial of either form I-130 or form I-485, and a divorce or annulment with the US citizen spouse. A K4’s status expires when the K3’s status expires. K3 and K4 visa holders are admitted to the US for a maximum of 2 years. They may, however, apply to extend their status.
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K-3 Visas: Required Documentation
- Birth Certificate
- Current Marriage Certificate
- Past Divorce/Death of Spouse Certificates
- Police Certificates
- Medical Examination
- Valid Passport for Travel Evidence of Financial Support (Form I-134, Affidavit of Support) may be required
- Form Form DS-160 (Online Non-immigrant Visa Application)
- Two 2×2 Photographs
- Evidence of Relationship with U.S. Citizen Spouse
K-3 Visas: Government Resources
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening an 8 attorney firm specializing in immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the Senate Immigration Subcommittee. Carl as featured in the February 2018 edition of SuperLawyers Magazine.
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