K-3 & K-4 Visas
A Temporary Pathway to Reunite Spouses and Children
For married couples separated by international borders, the K-3 and K-4 visas offer a way to shorten the wait and begin life together in the U.S. This visa category provides a temporary solution while the foreign spouse’s immigrant petition is pending, and also extends to eligible children through the K-4 visa.
What Are K-3 and K-4 Visas?
The K-3 visa is a nonimmigrant visa for foreign nationals married to U.S. citizens. It allows the spouse to enter the U.S. while waiting for their immigrant visa (Form I-130) to be approved. The K-4 visa is issued to the unmarried children under age 21 of a K-3 visa holder, enabling them to accompany their parent.
These visas allow multiple entries into the U.S. and are valid for up to two years, with the opportunity to adjust status once the immigrant visa petition is approved.
Who Typically Uses K-3 Visas?
K-3 visas are commonly used by couples who marry abroad and want to avoid extended periods of separation. While awaiting immigrant visa approval—a process that can take over a year—the foreign spouse may apply for a K-3 visa to join their partner in the U.S. sooner.
K-3 Visa Requirements and Application Process
To be eligible for a K-3 visa:
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The applicant must be legally married to a U.S. citizen.
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There must be a pending immigrant visa petition (Form I-130).
The U.S. citizen begins the process by filing Form I-130. After receiving the receipt notice, they can submit Form I-129F (Petition for Alien Fiancé) to request the K-3 visa. Children under 21 should be included in the Form I-129F to apply for K-4 visas; separate petitions are not required.
The Visa Interview
After Form I-129F is approved, the case is sent to the U.S. consulate or embassy in the country where the marriage took place. The interview is scheduled, and the applicant must present several documents:
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Valid passport
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Birth certificate
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Marriage certificate
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Police certificate
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Medical exam report
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Divorce/death certificates from previous marriages (if applicable)
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Evidence of the relationship
If approved, the applicant receives a sealed visa packet, which must remain unopened until presented to the U.S. Customs and Border Protection officer at the port of entry.
After Arrival: Status Adjustment and Work Authorization
Once in the U.S., the K-3 visa holder can apply to adjust their status to lawful permanent residency without waiting for I-130 approval. They may also apply for employment authorization to begin working while their status is pending. K-4 visa holders may follow a similar process based on their parent’s status.
Challenges and Low Issuance Rates
Despite their usefulness, K-3 visas are rarely issued. In recent years, most spouses of U.S. citizens have entered on immigrant visas instead. However, applying for a K-3 visa still presents a potential opportunity to expedite family reunification, especially when lengthy processing times are expected.
Should You Apply for a K-3 Visa?
There is no downside to applying for a K-3 visa if you meet the qualifications. If approved, it can reduce the time you and your spouse spend apart. If not, your immigrant visa application remains unaffected.
Why Legal Support Matters
Understanding the K-3 and K-4 process requires attention to timing, documentation, and compliance. An immigration professional can help ensure your petition is complete and strategically filed, reducing the risk of errors or delays. Whether you are just beginning the process or facing challenges with an existing petition, professional guidance can make all the difference.
