K-3 and K-4 are non-immigrant visas. They were created to let a spouse and under-age children of the American citizen stay in the U.S. while waiting for the USCIS approval of the I-130 form or the immigrant visa.
Both visas allow a foreign wife (husband) of the U.S. citizen and their kid(s) to come to the U.S. under the non-immigrant status. That way, they can wait for the immigrant visa as a family. These types of visas were created by the U.S. Government in order to reduce the time during which the spouses wait for the approval separately. Another good news is that K-3 Visa allows a spouse that came from abroad to work in the U.S. It becomes possible after getting the work permit. A wife (husband) of the U.S. citizen and their kid(s) may skip applying for K visas. They can apply for the immigrant visa at once, while staying in the home country.
The K-3 Visa applicant must:
- Be the spouse of the American citizen. Legal documents should be submitted as a proof of their marriage;
- Put in a filled I-693 form when in the U.S. Consulate for the visa application;
- Be an unmarried under-age child of the K-3 Visa applicant or holder;
- Put in a completed I-693 form when in the Consulate for the visa application;
The U.S. citizen must submit I-130 Form as an application to permit their wife (husband) and unmarried under-age kid(s) to come to the U.S.
K Visas don’t provide the immigrant status. To obtain it while residing in the U.S., the K-3 Visa holder should submit the Application for Adjustment to Permanent Residence (I-485 Form). The K-4 Visa holder should file this form as well. Once both forms are approved, the K Visa holders become lawful permanent U.S. residents and get a Green Card. After that, the wife (husband) and the kid(s) of the American citizen may apply for the immigrant status and wait for the interview in the U.S. In order to get the work permit, they should complete the Application for Employment Authorization (I-765 form). It must be put in along with the I-485 petition.
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Last update September 25, 2020