K-3 and K-4 Visas - US Citizens Bringing Kids and Their Spouse

With the passage of the LIFE Legalization (Legal Immigration Family
Equity) Act in Dec. 2000, came the creation of several new immigration
aimed at uniting families; in addition to legalizing many foreigners
living in the U.S., the Act also created a new category of non
immigrant visas specifically for the spouses and children of U.S.
citizens-the K-3 and K-4, respectively. These new visa categories
allow admission as a non immigrant in order to complete processing for
permanent residence while in the U.S.A K-3 visa applicant must have a
valid marriage to a U.S. citizen, be the beneficiary of a pending
I-130 immediate relative petition, and seek entry to the U.S. to await
approval of that petition. The U.S. citizen (USC) spouse begins the
process by filing USCIS' Form I-130. The USC spouse then files an
I-129F petition together with the USCIS-issued I-130 Receipt Notice.
Approval of the I-129F petition is then forwarded to the National Visa
Center and the appropriate overseas American consulate. An I-129F
approval is valid for four (4) months although a consular officer may
revalidate the petition for an additional four months, should it
expires.




If the qualifying marriage took place in the U.S., the designated
consulate for issuance of the K-3 visa will be the one with jurisdiction
over the non-citizen spouse's current residence. If the marriage was
overseas, then the issuing consulate must be in the country where the
couple married, if the U.S. has a consular office that issues immigrant
visas in that country.Children of K-3 visa eligible applicants may
accompany on the K-4 visa if named in the parent's petition. To be
eligible, K-4 children must be under 21 years of age and unmarried. K-4
status is dependent upon the parent's K-3 status and ends upon the
termination or revocation of the parent's underlying K-3 visa or I-130
petition.K-3 visa benefits include a generally shorter waiting period
compared to marriage-based immigrant visa petitions; petitions usually
take four to six months for USCIS, and another two to three months, for
the consulate to process. Additionally, K-3 and K-4 visa holders may be
granted employment authorization while their I-130 petitions or adjustment
of status applications are pending. Other benefits include being able to
study and the ability to travel outside the U.S. on the K visa, even if
simultaneously applying for adjustment of status. The K-3 visa is valid
for two (2) years, with multiple entries allowed, and may be extended, if
necessary, for two-year intervals.




The K visas may not change status to another non immigrant visa once in
the U.S., nor may another non immigrant visa category change to K status.
While an I-129F petition may be approved by USCIS, one may not be issued a
K visa, or may not enter the U.S., if temporarily barred for previous
violation of immigration law. K-3 status is automatically terminated 30
days after the denial or revocation of the visa holder's underlying I-130
petition or adjustment of status application, or the divorce or death of
the U.S. citizen petitioner spouse.

This article was authored by Amy L. Becerra, Esq. The above
information is general in nature and not meant as a substitute for
case-specific advice. Contact an experienced immigration attorney for
legal advice and representation in your particular situation. [web:
alblawoffice .com]