K3/K4 Visas for Spouses of American Citizens and Their Children
The K-3 and K-4 Visas allow the Spouse and Spouse’s children (unmarried children under 21) enter the United States to await the approval of the I-130 petition by USCIS or the availability of an immigrant visa.
K-3 visa is a two-year validity multiple-entry visa. K-4 visa is a multiple-entry visa valid for two years and its validity must be limited to the day before the K-4 applicant reaches his/her twenty-first birthday.
Only spouses of U. S. citizens may be issued K-3 visas and only minor unmarried children under 21 years of age of a qualified K-3 applicant are eligible for K-4 visas.
The spouse of a U.S. citizen is eligible to apply for K-3 visa if he/she is the beneficiary of the I-130 immigrant visa petition filed in the United States by the U.S. citizen petitioner. In addition, the spouse must also be the beneficiary of the I-129F petition that has already been approved by BCIS and forwarded to the Embassy. No petition is required to be filed on behalf of the derivative child(ren). The children, however, are to be listed on the I-129F petition for the spouse. The I-129F must be approved by BCIS office in the United States.
To qualify for K-3 visa processing, the applicant must demonstrate that his/her marriage to a U.S. citizen is valid.
Documents required for K-3/K-4 processing are similar to those needed for K-1 fiancee visa processing. The only difference is that the marriage certificate must be submitted to demonstrate that the applicant’s marriage to the U. S. petitioner is still valid.