Frequently Asked Questions About Form I-129F and K-3/K-4 Visas
Background
The Legal Immigration Family Equity Act (LIFE Act) and its amendments established a nonimmigrant category within immigration law that allows the spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants. The admission allows the spouse and eligible children to complete processing for permanent residence while in the United States. It also allows those admitted as K-3 (spouse) and K-4 (child) nonimmigrants to obtain employment authorization while in that status.
What are K-3 or K-4 visas?
A K-3 visa is a nonimmigrant visa that permits the spouse of a U.S. citizen to be admitted into the United States. A K-4 visa is a nonimmigrant visa for the minor children of the K-3 spouse. Visas are issued following approval of an immediate relative petition (Form I-130).
Aliens admitted to the United States on K-3 and K-4 visas may reside in the United States while waiting for the immigrant visa petition to be adjudicated and the availability of an immigrant visa.
What are the requirements for obtaining a K-3 or a K-4 visa?
A person may be eligible for a K-3 visa if that person:
• Has concluded a valid marriage with a U.S. citizen;
• Is the beneficiary of a relative petition (Form I-130) filed by the U.S. citizen spouse;
• Seeks to enter the United States to await the approval of the I-130 petition and the availability of an immigrant visa.
A child may apply for a K-4 visa if:
• He or she is the unmarried child under 21 years of age of a qualified K-3 visa applicant.
How do I obtain a K-3 or K-4 visa for my family?
To obtain a K-3 or K-4 visa, you must file two petitions with USCIS and apply for a visa from the U.S. Department of State.
First, as the U.S. citizen, you must file a Form I-130 on behalf of your non-citizen spouse with the USCIS Service Center having jurisdiction over your place of residence. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130. Second, you should then file a Form I-129F, along with a copy of the I-797, on behalf of the non-citizen spouse and any children, with the USCIS Service Center where the underlying I-130 petition is pending. There is no fee when filing a Form I-129F for a non-citizen spouse (K-3). If your non-citizen spouse has any minor children who will be seeking K-4 visas, they should be listed on the I-129F filed on your spouse’s behalf to facilitate the K-4 application process.
If approved, USCIS will forward the I-129F to the U.S. Department of State for processing by the U.S. Embassy or consulate in the country where you were married, or, if you were married in the United States, to the U.S. Embassy or consulate that issues visas in the country of your spouse’s or children’s foreign residence. The non-citizen spouse and any minor children will then need to apply to the U.S. Department of State for the K-3 or K-4 visa. For more information on the visa application process, please visit the Department of State Web site by selecting Visa Application Process in the upper right corner of this page in the Related Links section.
Can I file the I-130/I-129F petitions for my spouse while he or she is in the United States?
Yes, you may file the required petitions with USCIS. However, your spouse is required to return to the appropriate country to apply to the U.S. Department of State for the visa.
What are the benefits of a K-3/K-4 visa?
• Seeking to be admitted to the United States on a K-3 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 filing a Form I-130 petition by the U.S. citizen petitioner.
• Upon admission, K-3 and K-4 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, with the required fee. Upon filing an application for adjustment of status, K-3 and K-4 visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 status expires.
What are the limitations of a K-3 or K-4 visa?
DHS only admits K-3 or K-4 visas holders for a two-year period. K-3 or K-4 visa holders may apply to USCIS for an extension of status in two-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.
Under what circumstances does a K-3 visa holder’s authorized stay automatically expire?
A K-3 visa holder's authorized stay automatically will expire 30 days after any of the following events:
• USCIS denies the I-130 visa petition filed by the U.S. citizen petitioner on the K-3 visa holder’s behalf; or
• USCIS denies an adjustment-of-status application filed by the K visa holder; or
• If for some reason the K-3 visa holder decides to apply for an immigrant visa at the appropriate U.S. consulate abroad and the consulate denies the immigrant visa application; or
• Divorce of the K-3 spouse from the U.S. citizen petitioner.
Can my child remain in the United States if he or she turns 21 before obtaining immigrant status?
Holders of K-4 visas will be admitted to the United States for two years or until the day before their 21st birthday, whichever is shorter. The K-4 visa holder's status will expire when he or she turns 21. If the K-4 visa holder has a pending application for adjustment of status based on an immigrant visa petition filed on his or her behalf by the same U.S.citizen petitioner who filed the I-129F, he or she may continue to be eligible for adjustment of status under the Child Status Protection Act.
What happens if my child marries before he or she is issued an immigrant visa?
The K-4 visa holder’s status will automatically expire 30 days after he or she marries.
In order to obtain a K-4 visa for a child of my spouse, must I file a separate Form I-130 on his or her behalf?
In order for a child to obtain a K-4 visa, there is no requirement that a separate immigrant petition (Form I-130) be filed on the child’s behalf. However, a separate Form I-130, filed on the child’s behalf, is required for the child to adjust status.
Will my K-3 or K-4 Get a Work Permit?
Upon admission, K-3 and K-4 visa holders are entitled to obtain employment authorization because of their status. They can obtain evidence of eligibility to work legally in the United States by filing Form I-765, Application for Employment Authorization, with the required fee. Upon filing an application for adjustment of status, K-3 and K-4 visa holders may also apply for employment authorization on the basis of that pending application even if the K-3 or K-4 status expires.
Will my K-3 or K-4 family member need to apply for advance parole in order to leave and then re-enter the United States?
Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their nonimmigrant K-3 or K-4 visa. The only time advance parole is necessary is if the K-3 or K-4 status has expired and the applicant has applied for adjustment of status that remains pending.
Can my K-3 or K-4 change to another nonimmigrant visa category in the United States?
No. K-3/ or K-4 visa holders cannot change status in the United States to another nonimmigrant visa category.
Is an Affidavit of Support required as part of a K-3 or K-4 visa application?
A Form I-864, Affidavit of Support Under Section 213 of the Act, is not required when applying for the K-3 or K-4 visa. However, the K-3 or K-4 nonimmigrant will need to furnish evidence showing that he or she will not become a public charge while in the United States. You may opt to complete a Form I-134, Affidavit of Support, to help demonstrate that your K-3 or K-4 will not become a public charge while in the United States. When the K-3 or K-4 visa holder applies for adjustment of status, he or she will adjust status as an immediate relative, and at that time will require a Form I-864.
My noncitizen spouse’s K-3 status is about to expire, and we are still waiting approval of adjustment of status. Is there anything we can do to keep the K-3 status?
Yes, the K-3 visa holder can apply for an extension of status by filing Form I-539, Application for Extension of Stay, with USCIS no more than 120 days prior to the expiration of the K-3 visa. By obtaining an extension of K-3 status, your spouse will be able to leave the United States and return without advance parole. Your spouse may also choose to apply for advance parole based on the pending application for adjustment of status. If your spouse wants to apply for advance parole, he or she will need to file Form I-131, Application for Travel Document.
What if the K-3 or K-4 has not maintained lawful status while in the United States?
K-3 and K-4 visa holders apply for adjustment of status as immediate relatives. They are subject to the same limitations in applying for adjustment of status as any other immediate relative who had been admitted on a nonimmigrant visa but failed to maintain lawful status.
What is my K-3 or K-4’s status after approval of an application for adjustment of status?
If adjustment of status is approved, you will become a lawful permanent resident of the United States. If, at the time of approval, your marriage is less than two years old, the K3 or K4’s permanent residence document will be issued subject to certain conditions. You and your spouse will then be required to file a Form I-751, Petition to Remove Conditions of Residence.
Which USCIS office processes I-129F petitions?
Currently, I-129F and I-130 petitions for K visas are processed at the California and Vermont Service Centers.
What is the difference between the K-1 visa for fiancé (e) s and the K-3 visa for spouses?
The K-1 visa is issued to the fiancé (e) of a U.S. citizen to permit the fiancé(e) to enter the United States to marry. After being married, the former fiancée can apply for adjustment of status. The K-3 visa is issued to the spouse of a U.S. citizen who is already the beneficiary of an immediate relative petition.
How long does the process take?
Processing varies at each USCIS and consular office. You can check processing times for Form I-129F by selecting the Processing Times link in the upper right corner of this page in the Related Links section.
Where can I find the law?
The Immigration and Nationality Act (INA) is the law that governs immigration to the United States. For the part of the law concerning K-3 or K-4 nonimmigrants and the process of applying for permanent residence status, please see INA section 214 (nonimmigrant status) and INA sections 204 and 245 (immigration petition and adjustment of status). Specific eligibility requirements and procedures for qualifying as a K-3 or K-4, including obtaining that status and applying for permanent residence, are included in the Code of Federal Regulations (CFR) at 8 CFR sections 214, 204, and 245.
How can I check the status of my application?
For additional information about Form I-129F, including how to file your application or filing locations not mentioned, call the USCIS National Customer Service Center at 1-800-375-5283 or check your case status by selecting the Case Status link in the upper right corner of this page in the Related Links section.
