Do You Know the Limitations of the K-3 or K-4 Spouse Visa?

kissing couple with kid

While the K-3 and K-4 visa offers many benefits, there are some other considerations to think about, depending on your personal situation.  For example, did you know that even though an immigrant visa is immediately available when a K-3 Petition for Alien Relative reaches the Department of State, but then your spouse’s children are no longer eligible for K-3/K-4 nonimmigrant status?  In that situation, the children must immigrate as lawful permanent residents.  If the K-4 visa holder does not have an approved Petition for Alien Relative at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC.

It is advisable that the U.S. citizen petitioner file a separate green card petition on the child’s behalf concurrently with the green card petition that is filed for the spouse.     While there is no requirement that a separate application needs to be filed for the child’s petition, it is advisable if a K-4 visa is desired.

K-3 or K-4 nonimmigrant visa holders are only admitted for a 2-year period.  A K-3 or K-4 nonimmigrant visa holder may apply for an extension of status in 2-year increments as long as the marriage-based green card visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.  A K-4’s authorized stay automatically expires when the K3’s status expires.

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Even if you are an immigrant , you still have LEGAL RIGHTS if you have been abused!

stop DV mural

There are a number of helpful legal services available to abused immigrants.  Often, when the abuser is a U.S. citizen, he or she may try to use the victim’s immigration status against him or her.  Don’t let this happen to you if you are an immigrant who has been the victim of domestic violence or abuse!

We can offer you many types of assistance to aid you if you are being abusedWe can help you assess your circumstances and if possible, we will offer you help in changing your situation.  Our free initial consultation is confidential and private.  We are both friendly and supportive of individuals in need of assistance.  Don’t be afraid to call us today!

We can help you protect your safety:

  • Temporary & Permanent Restraining Orders
  • U visa for victims of crime (including domestic violence)
  • T visa for victims of extreme trafficking in persons
  • S visa for being of assistance to law enforcement

We can help you obtain a U.S. green card:

  • Abused Spouse Immigrant Visa Petitions (VAWA application)
  • Marriage-Based & Immediate Relative Immigrant Visas
  • Gender & domestic violence based Asylum
  • Substitution of Marriage-Based Immigrant Visa for Battered Spouse Immigrant visa to continue the adjustment of status (permanent residency application) process
  • Adjustment of Status Application (green card application)
  • Advance Parole filings (for travel outside the U.S.)
  • FOIA requests to get a complete copy of your immigration file from USCIS

Your child(ren) CAN accompany you to the United States on a K visa too!

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If you are a qualified K-3 nonimmigrant visa applicant, your child may be eligible for a K-4 visa.  USCIS will allow your child to accompany you if he or she is 21 years of age or under, and is unmarried.  Additionally, for the children of the non-citizen parent to be eligible for the K-4 U.S. visa, the parent’s marriage to the petitioning U.S. citizen spouse must have occurred before the child(ren) were 18 years of age.