K4 Visa

The K4 visa is a nonimmigrant visa which allows the children of a K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa.

To qualify for K-4 visa, you must be:

1. Less than 21 years old
2. The unmarried child of a K-3 applicant
3. Seeking to immigrate to the U.S.

On K-3 visa, you may:

1. Reside in the U.S. with your family while waiting for the approval of your immigrant visa petition
2. Apply for a work permit using Form I-765, Application for Employment Authorization
3. Travel outside of the U.S. on short trips and return
4. Study in the U.S.

On K-4 visa you may not:

1. Change to any other nonimmigrant status
2. Enter into the U.S. if you have been temporarily barred for previous violation of the U.S. immigration laws

Yes, you may apply for extension of stay using Form I-539, Application to Extend or Change Nonimmigrant Status, 120 days prior to the expiration of your authorized stay. Extensions will be granted in two year intervals.

Extensions for K-4 status must be filed concurrently with your K-3 parents’ status extension application. In addition, your U.S. citizen parent filing for extension of your K-4 status should file Form I-130, Petition for Alien Relative, on your behalf.

Your K-4 status will be automatically terminated 30 days following:

1. Denial or revocation of the Form I-130, Petition for Alien Relative, filed on your behalf
2. Denial or revocation of the immigrant visa application filed by you
3. Denial or revocation of your application for adjustment of status to that of lawful permanent resident
4. Divorce of your K-3 parent from the U.S. citizen
5. Your marriage or 21st birthday

Note:The denial of any of these petitions or applications by your K-3 parent also results in the termination of your K-4 status.

Yes, the BCIS may grant you permission to take up employment in the U.S. To obtain Employment Authorization you will need to file Form I-765, Application for Employment Authorization, with the BCIS Service Center which covers your place of residence in the U.S after your arrival there.

No, there are no work and travel restrictions on K-4 visa. You may travel outside of the U.S. and re-enter, even if you are applying for Adjustment of Status simultaneously.

To apply for K-4 visa, the documents required are:

1. Two copies of the Form DS-156 application form
2. Two passport-sized, frontal view color photographs with a white background of the principal K-3 and K-4 visa applicant
3. Local police certificates of the principal K-3 and K-4 visa applicant
4. Birth certificates of the principal K-3 and K-4 visa applicant
5. Local marriage certificate of the principal K-3 applicant
6. Divorce or Death certificates of the principal K-3 applicant
7. Medical report from one of the Embassy’s panel physicians
8. Separate valid passports of the principal K-3 and K-4 visa applicant

The Form I-130 and Form I-129F are filed with the USCIS Service Center with jurisdiction over the U.S. citizen’s place of residence.

No, you do not need to submit Form I-864, Affidavit of Support, until you adjust status to legal permanent resident in the U.S. The Form I-134, Affidavit of Support, for nonimmigrant visas may be deemed appropriate by the consular officer.

No, you will not be denied the K-4 visa because your name is not listed in the Form I-129F, Petition for Alien Fiance, filed by your K-3 parent. This is true as long as you are able to establish that you are the minor, unmarried child of the applicant issued a K-3 visa.

No, you are not eligible to apply for K-4 visa if your K-3 parent has been refused an immigrant visa.

You may file for Adjustment of Status at any time following your entry into the U.S. in K-4 status, your U.S. citizen step parents must also file an I-130 on your behalf.

You would be subject to the three year bar if you have accrued more than 180 days and a 10-year bar if you have accrued one year or more of unlawful presence in the U.S. However, you are eligible to apply for a waiver.

No, you may not apply for K-4 visa if you have been scheduled for an immigrant visa interview, or if the Embassy or Consulate has received your approved immigrant visa petition, but not yet scheduled the immigrant visa interview. You are required to pursue your application for an immigrant visa.