1. What are the eligibility requirements for a K-3/K-4 visa?
The eligibility requirements for a K-3/K-4 visa are as follows:
1. The person must be the spouse of a U.S citizen.
2. The U.S citizen must have filed a Form I-130, Petition for Alien Relative, on behalf of the applicant.
3. If the marriage has been dissolved, an approved Form I-751, Petition to Remove Conditions on Residence, must be submitted to demonstrate that the marriage was not entered into for the purpose of evading immigration laws.
4. The applicant must have a valid passport and submit a visa application.
5. The applicant must not have any criminal records or health-related issues which may make them inadmissible to the United States.
2. What documents are required for a K-3/K-4 visa application?
The K-3/K-4 visa application requires the following documents:
• Passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States (unless country-specific agreements provide exemptions).
• Nonimmigrant Visa Application, Form DS-156, completed and signed.
• Nonimmigrant Visa Application, Form DS-156K, completed and signed (for K-3 and K-4 visas).
• One (1) photograph 2 x 2 inches (51 x 51mm) in size. See the required photo format explained in Photograph Requirements.
• Evidence of Relationship: The applicant must submit proof that he or she is the beneficiary of an approved immigrant petition classifying him or her as the spouse of a United States citizen (Form I-130–Petition for Alien Relative or Form I-140–Immigrant Petition for Alien Worker).
• A valid police certificate from each country in which they have lived for six months or more since age 16 must also be presented. The police certificates must be current, i.e., less than one year old at the time of application.
3. How long does it take to process a K-3/K-4 visa application?
The processing time for a K-3/K-4 visa application varies, depending on the individual case, but typically takes between 4-6 months.
4. How can I check the status of my K-3/K-4 visa application?
To check the status of your K-3/K-4 visa application, you can log into the USCIS “My Case Status” website and enter your receipt number. You can also contact USCIS by phone or email to inquire about the status of your application.
5. How much does it cost to apply for a K-3/K-4 visa?
The cost to apply for a K-3/K-4 visa is $265.
6. Who is eligible to apply for a K-3/K-4 visa?
To be eligible to apply for a K-3/K-4 visa, you must be the spouse or child of a U.S. citizen, and the U.S. citizen must have filed an I-130 Petition for Alien Relative on your behalf. The U.S. citizen must also have either a pending I-130 petition or an approved I-130 petition.
7. How long is the validity period for a K-3/K-4 visa?
The validity period for a K-3/K-4 visa is two years. After the two-year validity period ends, the K-3/K-4 visa holder must apply for an adjustment of status to become a permanent resident.
8. What is the difference between a K-3 and a K-4 visa?
A K-3 visa is for a foreign national who is married to a US citizen and is waiting for approval of their immigrant visa petition. A K-4 visa is for the unmarried children of the K-3 visa holder, under the age of 21, who are also waiting for approval of their immigrant visa petition.
9. Is a medical examination required for a K-3/K-4 visa application?
Yes, medical examinations are required for K-3/K-4 visa applications. Applicants will need to provide proof of a medical examination from an authorized physician. The examination must include a full physical as well as chest X-rays and certain tests for communicable diseases.
10. What is the minimum age requirement for a K-3/K-4 visa applicant?
The minimum age requirement for a K-3/K-4 visa applicant is 18 years old.
11. Does the U.S. Department of State offer expedited processing of K-3/K-4 visas?
No, the U.S. Department of State does not currently offer expedited processing of K-3/K-4 visas.
12. Are there any restrictions on employment while on a K-3/K-4 visa?
Yes, there are restrictions on employment while on a K-3/K-4 visa. Holders of a K-3/K-4 visa may not be employed unless they obtain an employment authorization document (EAD) from the United States Citizenship and Immigration Services (USCIS).
13. Can I bring my children or other family members along with me if I get a K-3/K-4 visa?
Yes, your children can accompany you if you get a K-3/K-4 visa. Your children must apply for the K-4 visa in order to come with you.
14. Can I extend my stay in the U.S. beyond the validity period of my K-3/K-4 visa?
No. You cannot extend your K-3/K-4 visa beyond the validity period.
15. Can I transfer my K-3/K-4 visa to another country while I am in the U.S.?
No, you cannot transfer your K-3/K-4 visa to another country while you are in the U.S. You would need to apply for a new visa from the destination country.
16. Are there any restrictions on travel while on a K-3/K-4 visa?
Yes, there are restrictions on travel while on a K-3/K-4 visa. You must have a valid passport and visa to travel outside of the U.S., and you must obtain advance parole from USCIS before traveling abroad. Additionally, if you travel outside of the U.S. for more than six months, your K-3/K-4 visa will automatically be cancelled.
17. Is an interview required as part of the NVC processing of my K-3/K-4 visa application?
No, an interview is not required as part of the NVC processing of a K-3/K-4 visa application. Once the NVC has received all required documents and fees, they will forward the case to the appropriate U.S. Embassy or Consulate for further processing. The Consular Officer at the U.S. Embassy or Consulate may require an interview for the applicant before issuing the visa.
18. Can I adjust my status in the U.S. after receiving a K-3/K-4 visa?
Yes. After you enter the United States on a K-3/K-4 visa, you can file an application with U.S. Citizenship and Immigration Services (USCIS) to adjust your status to that of a permanent resident. You must provide evidence that you meet all the requirements for adjustment of status, including a valid marriage to your U.S. citizen spouse and that you are admissible to the United States.
19. What happens if my K-3/K-4 visa application is denied by the NVC?
If your K-3/K-4 visa application is denied by the NVC, you can appeal the decision. Your appeal must be made in writing and should include additional information to support your application. You may also be able to reapply for the visa if there has been a significant change in your circumstances since the original application was submitted.
20. What should I do if I have additional questions about NVC processing of my K-3/K-4 visa application?
Please contact the National Visa Center (NVC) directly at 603-334-0700.