K-3/K-4 Nonimmigrant Visas 2/3

Question 1

1. What are the benefits of the K-3 and K-4 Nonimmigrant visas?

Answer 1

Once admitted to the US, K-3 nonimmigrants may apply to adjust status to permanent resident status at any time.

Question 2

2. Upon admission, K-3 and K-4 nonimmigrant visa holders may:

Answer 2

obtain employment authorization.

Question 3

3. How does a nonimmigrant visa holder apply for employment authorization?

Answer 3

By filing Form I-765 Application for Employment Authorization

Question 4

4. What are the limitations of the K-3/K-4 nonimmigrant visas?

Answer 4

When the K-3’s I-130 reaches the Department of State, an immigrant visa is immediately available to him/her such that he/she and his/her children are no longer eligible for K-3/K-4 nonimmigrant status, but RATHER MUST IMMIGRATE AS LAWFUL PERMANENT RESIDENTS.

Question 5

5. If the K-4 does not have an approved I-130 at the Department of State at that time:

Answer 5

he/she will be ineligible to immigrate with the spouse of the USC.

Question 6

6. Therefore, while there is no requirement that a separate I-130 be filed on the child’s behalf for the purposes of obtaining a K-4 visa, it is advisable that:

Answer 6

the USC petitioner file a separate I-130 on the child’s behalf concurrently with the I-130 that he/she files for the spouse.

Question 7

7. The DHS only admits K-3 and K-4 visa holders for a period of :

Answer 7

2 years. K-3 and K-4 visa holders may apply to USCIS for an extension of status in 2 year increments as long as the marriage-based I-130 visa petition or a corresponding application of adjustment of status or visa application is still pending adjudication.

Question 8

8. A K-3 visa holder’s authorized stay automatically expires 30 days after:

Answer 8

a. USCIS denies or reverses the Form I-130 visa petition.
b. USCIS denies the Form I-485 filed by the K-3 nonimmigrant or the DOS denies the immigrant visa application.
c. Termination of the marriage through divorce or annulment.

Question 9

9. If your child turns 21 before obtaining immigrant status

Answer 9

Holders of K-4 visas will be admitted to the US for 2 years or until the day before their 21st birthday, whichever is shorter.

Question 10

10. If the USC petitioner filed a Form I-130 on a K-4 nonimmigrant’s behalf before the K-4 turned 21, he/she may: .

Answer 10

continue to be eligible for adjustment status under the Child Status Protection Act