K3, K4 Nonimmigrant Visa

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This is a nonimmigrant visa for the spouse and eligible children who wish to come in the U.S., and be with the sponsor. If the petition for an alien relative has not been received yet, and for them to reduce the time of having separated from one another because of the immigration process.

This  K3, K4, ( eligible children of the spouse) route’s for a nonimmigrant visa allow them to enter in the U.S., and later apply to adjust the immigration status, on which they can work after obtaining the authorization employment to work for K3, or K4. Or adjust the status of Permanent resident (green card) in the U.S., as the K3, K4 visa duration is initially valid for 2 years in the U.S.

How to apply?

The U.S. citizen (sponsor) files an application for the petition of an Alien relative as a spouse or eligible dependent children at USCIS by completing the Form – I130 and when the application for the petition of an alien relative has been received and a notice of notification is given to the petitioner, the petitioner (sponsor), may file another petition for the application of the Form- 129F. In addition, if the 2 petitions were approved and the decision is sent to the National Visa Center (NV), automatically the sponsored person/s may apply for DS -260 online immigrant applications either (CR1 or IR1), since K3, K4 nonimmigrant is considered and administered as closed on the basis of approval of the petition of an alien relative Form I-130.

Meanwhile, if at first instance the 2 petitions are up for processing and the petition for Form -129F has been approved and came in early before the petition for an Alien relative Form I- 130, that is currently pending or still waiting for the decision. The sponsored persons/ may proceed to apply for K3, K4 non immigrant visa, through completing the DS- 160 nonimmigrant visa online application.

What’s next after getting the nonimmigrant visa for K3, K4?

If you hold this visa and you are able to enter to the U.S. and  could apply for the adjustment of status at any time you wish to apply to become a permanent resident or Green card holder in the U.S., (on the basis of family), if that is, the visa number becomes available using Form- I485 application to register as a Permanent Resident or adjust the status.

Further to this, it would allow you to work in the U.S., after filing the Form-176, – the application for employment authorization. While, when obtaining the permanent visa for the spouse of a U.S., it may impose a certain condition as  ‘conditional permanent resident’, if when the marriage is less than 2 years, after getting the permanent resident application and the couple must apply to remove such status at USCIS.