K-3/K-4, Visa for Spouse /Child of a U.S. Citizen
by lirulaw

K-3/K-4, Visa for Spouse /Child of a U.S. Citizen

The Legal Immigration Family Equity Act and its amendments established a new nonimmigrant category that allows the spouse or child of a U.S. citizen to be admitted to the U. S. in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence/green card while in the United States. It also allows those admitted in the new category to have permission for employment while they wait processing of their case to permanent resident status.

 

Eligibility for K-3/K-4 Visa

A person may receive a K-3/k-4 visa if s/he:

  • Has concluded a valid marriage with a citizen of the United States;
  • Has a relative immigrant petition? filed by the U.S. citizen spouse for him/her;
  • Seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
  • Has an approved K-3 visa Petition for Alien Fiancé, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 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 in that country. 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.

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

 

Work in the U.S. after Admission

Holders of K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases (Form I-130 or Form I-485) are pending. They should use Form I-765 (Application for Employment Authorization) to apply for a work permit.