American Immigration Center - Immigration, Green Cards and Information

MARRIAGE

FIANCE

**K3/K4 Visas** NEW

The new K3 and K4 nonimmigrant visas allow spouses of U.S. citizens and the children of those spouses to enter the U.S. while their permanent visa petition is pending. Only spouses of U.S. citizens are eligible for the new K3 or K4 nonimmigrant classification. This rule is effective August 14, 2001.

There are three requirements for an alien to obtain this nonimmigrant classification.

The alien must already be married to a U.S. citizen who has filed a relative visa petition (Form I-130) on his or her behalf for purposes of an immigrant visa
That same U.S. citizen spouse must be petitioning on that alien's behalf to obtain a nonimmigrant "K3" visa (Form I-129F).
The alien must be seeking to enter the U.S. to wait for an immigrant visa.

A U.S. citizen may file Form I-129F, Petition for Alien Fiancé; to bring a spouse and minor children to the U.S. while the I-130 permanent resident application is being processed.

An alien seeking admission as a K3 or K4 must have the citizen petitioner file Form I-130, with fee, on the alien spouse's behalf. The citizen petitioner must also file Form I-129F, with fee, for the purposes of obtaining nonimmigrant K3/K4 status for the spouse/children.

Once the current I-129F is approved, INS will notify the American consulate abroad specified on the petition. If the marriage took place abroad, the INS will notify the consulate in the country where the marriage took place. The alien beneficiary may then appear at the consulate to apply for the nonimmigrant K3/K4 visa.

Aliens who enter the U.S. with a valid nonimmigrant K3 visa will be admitted for a period of 2 years. A minor child entering the U.S. with a valid nonimmigrant K4 visa will be admitted for a period of 2 years or until the day before the alien's 21st birthday, whichever is shorter. Following the 2-year admission period, a K3 and K4 nonimmigrant may apply with the Service for an extension of stay using Form I-539. Extensions of Stay are issued in 2-year increments.

Once the pending immigrant petition is approved, the individuals in the U.S. on the K3/K4 visas may adjust their status to conditional permanent residency.

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