| K-3/K-4 Spouses and Children of U.S. citizens
This category is for spouses and children of U.S. citizens
for whom an I-130 petition has been filed but for whom an
immigrant visa has not yet been issued. The K-3 visa is valid
during the pendency of the I-130 petition and during the waiting
period for the issuance of an immigrant visa. There is no
requirement that an I-130 petition have been filed for a K-4
child, as the child derives status from the K-3 petition filed
on behalf of the parent. However, once the K-3 nonimmigrant
adjusts status, the K-4 child loses his lawful nonimmigrant
status. As a result, it is advisable to file an I-130 petition
for the children concurrently with the I-130 petition filed
for the spouse.
The K-3 petition must be filed with the INS in the United
States and then the approved petition must be forwarded to
a U.S. consulate abroad for visa issuance. A noncitizen admitted
to the United States in another nonimmigrant category may
not change status to K-3 or K-4. The visa must be obtained
from a U.S. consulate in the country where the marriage was
solemnized.
K-3 and K-4 applicants generally receive ten-year, multiple
entry visas. Admission of a K-3 nonimmigrant is for two (2)
years; a K-4 nonimmigrant for two (2) years or until their
21st birthday. Both K-3 and K-4 nonimmigrants may apply for
extension of stay 120 days before the expiration of their
authorized period of stay. They are also eligible to apply
for employment authorization. However, employment authorization
may be renewed only upon a showing that the noncitizen has
either an application for immigrant classification or an adjustment
of status pending. Individuals in K-3 or K-4 status may travel
outside the United States without advance parole, even if
they have a pending adjustment of status application.
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