K-3 and K-4 Nonimmigrant Visa

Immigration law allows the spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are waiting for the processing for permanent residence to be completed.  It also allows them to obtain employment authorization while they are waiting.

1. You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live.
2. You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. 

After the USCIS approves the I-129F, the petition is forwarded to the National Visa Center (NVC).  The NVC then sends the petition to the embassy or consulate in the country where the marriage took place.
Benefits of K-3/K-4 Nonimmigrant Visa
The benefits of the K-3/K-4 visa include:

• Seeking to be admitted to the United States on a K-3 nonimmigrant visa can shorten the waiting period for non-citizen spouses to enter the United States.
  
• Once admitted to the United States, K-3 nonimmigrants may apply to adjust status to a permanent resident at any time. Upon admission to the United States, K-4 nonimmigrants may file an application for adjustment of status concurrently with or at any time after a Form I-130 has been filed by the U.S. citizen petitioner.
• Upon admission, K-3 and K-4 nonimmigrant visa holders may obtain employment authorization.  They can obtain evidence of eligibility to work legally in the United States by filing Form I-765, Application for Employment Authorization. Upon filing an application for adjustment of status, K-3 and K-4 nonimmigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 nonimmigrant status expires.

Please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation to determine if you are eligible for this visa category.

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute an engagement of the Stone Haven Law Group or establish an attorney-client relationship.