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Providing Legal Guidance to Visa Applicants and Their Young Children
A K-3 visa is a temporary visa that allows foreign nationals to come to the United States, provided they are married to a U.S. citizen. If their K-3 visa has been approved, they will be allowed entrance to the U.S. at a valid point of entry. After a period of time in the country, a K-3 visa beneficiary can then petition for an adjustment of status so that they can get their green card.
If you are a K-3 applicant – or if your foreign spouse is applying for a K-3 visa – and you have minor children (under age 21), you may be able to apply for K-4 visas for your children. A K-4 visa shall allow minor children to legally enter the U.S. on a temporary basis. Once there, the children can also apply for their green cards.
K-3 visas were created to help shorten the period of separation between a U.S. citizen and their foreign spouse. For example, without the K-3 visa, a U.S. citizen would be asked to return to the USA without their foreign-born spouse, who would be left behind in the foreign country while waiting for their green card application to be approved. With a K-3 visa, the foreign spouse would be allowed to travel to America with their U.S. citizen spouse and reside there for a limited time, during which time they would be able to petition for their green card.
It would be too much to ask any foreign spouse to come to the U.S. without their children. That is why the K-4 visa was created. Now, a foreign spouse may come to the U.S. with their children in tow, provided the foreign spouse has their K-3 visa and the foreign minor child has its K-4 visa.
Applying for any type of visa can be a frustrating and time-consuming process. It is strongly recommended that you seek professional legal advice from lawyers with experience in immigration law. At the law firm of Elizabeth Rosario Law, PLC., our legal team has years of extensive experience representing clients in all sorts of matters regarding immigration law. To discuss your case in more detail with an immigration attorney, please contact our law offices to schedule an in-depth case evaluation.
Is the K4 Visa the Same Thing as Lawful Permanent Residency?
A K4 visa grants an individual temporary residency status, which is not the same thing as lawful permanent residence (a green card). In order to obtain legal permanent residency status, a K4 visa holder must apply for an adjustment of status with the U.S. Department of Homeland
Security (DHS). K4 visa holders can apply for their adjustment of status at the same time as their K3 visa-holding parent.
K-4 visas are valid for a period of two years or until the K-4 visa holder turns 21 years old.
If approved for an adjustment of status, the K4 visa holder will be granted legal permanent residence.
Who is Eligible for K-4 Visas?
A child must meet several criteria in order to be considered eligible for a K-4 visa.
Eligibility requirements for a K-4 visa include the following:
- The child must be under the age of 21.
- The child must be unmarried.
- The child must be considered a dependent.
- Stepchildren will be considered for eligibility. However, they must have formed a relationship with their stepparent before the child’s 18th birthday.
Additionally, the parents of the K-4 applicant must meet several criteria. First of all, the parents must be legally married. There may be efforts made to test whether the marriage is ‘bona fide.’ One of the parents must be a U.S. citizen, while the other must be applying for their K-3 visa. If the parents are not yet wedded, the child may be allowed to immigrate to the U.S. by other means, for example, the K-2 visa process.
What is the K-4 Visa Application Process?
A K-4 application must be submitted at the same time as their parent’s K-3 application. If this is not possible, it may be necessary to explore other legal immigration options.
In the first step of the application process, the U.S. citizen spouse would file Form I-130 and Form I-29F with the United States Citizenship and Immigration Services (USCIS). A separate I-130 must be filed for each and every child seeking a K-4 visa. The details about the dependent child must be included in Form I-129F in order for the K-4 visa application to go forward. Every K-4 applicant must have their own completed version of Form DS-160 submitted on time to the appropriate immigration offices.
If the original petitions are approved, then things will proceed to the next step. Every child applicant over the age of 14 will be required to attend a thorough interview at their local U.S. Embassy or Consulate along with their foreign citizen parent. The outcome of the interview is very important and could determine whether the dependents’ visa is approved or denied. Additional documentation may be required at this time, including a medical examination report, birth certificate, vaccination documents, and a valid passport.
Schedule a Consultation with K-4 Visa Attorneys Today
The K-4 visa application process can be complex, not least of all because it must be completed at the same time as the foreign citizen parent’s K-3 application. During the process, there are several opportunities for things to go wrong, documents to go missing, and forms to be filed incomplete. Do not risk having your K-4 applications denied by proceeding without the help of an immigration lawyer.
The law offices of Elizabeth Rosario Law, PLC. have the experience to confidently lead you through the complexities of the U.S. immigration system. To learn more, please call us at 616-530-0101.