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When it comes to bringing family members to the United States, understanding the visa options available can be a complex process. The K4 visa is one such option specifically designed for dependent children of K3 visa holders. This visa allows children to enter the U.S. while their parent’s immigration process is being finalized. Below, we’ll break down everything you need to know about the K4 visa, including the requirements, application process, and what to expect once the visa is approved.
The K4 visa is a nonimmigrant visa that allows the children of a K3 visa holder to enter the United States. The K3 visa is for spouses of U.S. citizens who are awaiting the approval of their immigrant visa petition. The K4 visa enables dependent children, who are under 21 years of age and unmarried, to join their parent in the U.S. while the parent’s immigration application is processed.
To qualify for a K4 visa, the applicant must meet certain criteria:
Child of a K3 Visa Holder: The applicant must be the child of a K3 visa holder. The parent must have a valid K3 visa and must be legally married to a U.S. citizen.
Under 21 Years of Age: The applicant must be under 21 years old at the time of the visa application.
Unmarried: The applicant must be unmarried. If the child gets married before the visa is issued, they will no longer qualify for the K4 visa.
Eligibility to Enter the U.S.: The child must be eligible to enter the U.S. This means they must not have a criminal record or any health issues that would make them inadmissible.
The process of applying for a K4 visa involves several steps. Below is a detailed outline of what you can expect during the application process:
The U.S. citizen parent must first file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) for their spouse. Once the I-130 is filed, they can then file Form I-129F, Petition for Alien Fiancé(e), to request a K3 visa for their spouse. The K4 visa application for the child is tied to the K3 visa application of the parent.
After the petitions are filed, the USCIS will review the documents. If the petitions are approved, they will be sent to the National Visa Center (NVC). The NVC will then assign a case number and forward the case to the U.S. embassy or consulate in the country where the child resides.
Once the NVC forwards the case, the child will need to complete the visa application process. This includes filling out Form DS-160, Online Nonimmigrant Visa Application, and submitting the required documents, such as a passport, birth certificate, and proof of the relationship with the K3 visa holder. The child will also need to pay the visa application fee.
The child must undergo a medical examination by a U.S.-approved doctor before the visa interview. The exam will check for any health issues that may make the child inadmissible to the U.S. After the medical exam, the child will attend a visa interview at the U.S. embassy or consulate. During the interview, a consular officer will ask questions to verify the information provided in the application and to ensure the child is eligible for the K4 visa.
If the visa application is approved, the child will receive a K4 visa, allowing them to enter the U.S. The visa will be placed in the child’s passport. Once the visa is issued, the child can travel to the U.S. to join their parent who holds the K3 visa.
Once the child enters the U.S. on a K4 visa, they can reside in the country while their parent’s immigration application is being processed. However, there are several important steps and considerations to keep in mind after arrival:
The K4 visa is a nonimmigrant visa, which means it does not automatically grant permanent residency (a green card). To become a permanent resident, the child must file Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows the child to apply for a green card while in the U.S.
While on a K4 visa, the child is eligible to apply for an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization. This document allows the child to work legally in the U.S. while waiting for their adjustment of status application to be processed.
The K4 visa allows the child to travel to and from the U.S. However, it is important to note that if the child travels outside the U.S. while their adjustment of status application is pending, they may need to obtain advance parole by filing Form I-131, Application for Travel Document, to re-enter the U.S.
The K4 visa is valid for two years or until the child turns 21, whichever comes first. If the child’s parent’s immigrant visa petition is approved before the K4 visa expires, the child can adjust their status to become a permanent resident. If the child turns 21 while still on a K4 visa, they will need to change their status or leave the U.S.
Applying for a K4 visa can present several challenges. Here are some common issues that applicants face and how to address them:
One of the most common issues is the submission of incomplete or incorrect documentation. To avoid delays, ensure all required documents are gathered and submitted accurately.
Visa processing times can vary. Staying informed about the status of your application through the USCIS website and promptly responding to any requests for additional information can help minimize delays.
Understanding the eligibility requirements for a K4 visa is crucial. If you are unsure about your eligibility, consider seeking advice from an immigration attorney who can guide you through the process.
The K4 visa is an essential option for children of K3 visa holders, allowing them to join their parent in the U.S. while the parent’s immigration process is ongoing. By understanding the requirements, application process, and steps to take after entering the U.S., you can better navigate the complexities of the K4 visa and ensure a smooth transition for your child. Always consider seeking professional guidance if you encounter challenges, as the immigration process can be intricate and ever-changing.
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