K-3 and K-4 visa
K-3/K-4 Visas: Spouses of a U.S. Citizen and any derivative
child under 21.
The LIFE Act has added one additional category of person who may qualify for
the new K-3 or K-4 visa. In order to address the severe backlogs in the
processing of petitions for family members, the Act creates a remedy for the
spouses of
United States
citizens who are outside of the United
States and waiting for the approval of an
immigrant petition (K-3). Any minor children who are seeking to accompany the
spouse are also provided protection (K-4). In this way, the spouse and minor
children of US citizens can enter the US immediately, rather than waiting
for approval of the petition and processing of the immigrant visa application.
To qualify for this visa, the law requires that the
US
citizen file an immigrant visa petition (form I-130) in the US, and then file the K-3/K-4 visa petition on US immigration
form I-129F. The I-129F is filed with the USCIS. Once the I-129F is approved,
it is sent to the US
consulate where the applicant will apply for the visa. The law also provides
that only a consular officer outside of the US
can issue the visa; it cannot be issued to someone in the US. Finally,
the law provides that this new K status is available both to individuals with
currently pending petitions, as well as future applicants. Once the person
enters the US
with the K visa, employment authorization will be granted. However, now the
waiting time in processing an I-130 has been reduced substantially; thus,
reducing the advantage of the K-3 visa
