Visas
Immigrant Visas
K3/K4 Visas for Spouses of American Citizens and Their Children
What is K3/K4 visa?
The K3 visa is designed to allow spouses of U.S. citizens awaiting processing of their immigrant visas to enter the United State as non-immigrants. The K3 visa is meant to be a speedy mechanism for the spouse of a U.S. citizen to re-join that spouse and obtain the immigrant visa in the United States, rather than wait for long period of time outside the United States.
K3 visa is a two-year validity multiple-entry visa. K4 visa is a multiple-entry visa valid for two years and its validity must be limited to the day before the K4 applicant reaches his/her twenty-first birthday.
Who is Eligible to Apply for K3/K4 visa and Where Does the K3/K4 Application Process Begin?
Only spouses of U. S. citizens may be issued K3 visas and only minor unmarried children under 21 years of age of a qualified K3 applicant are eligible for K4 visas.
The spouse of a U.S. citizen is eligible to apply for K3 visa if he/she is the beneficiary of the I-130 immigrant visa petition filed in the United States by the U.S. citizen petitioner. In addition, the spouse must also be the beneficiary of the I-129F petition that has already been approved by BCIS and forwarded to the Embassy. No petition is required to be filed on behalf of the derivative child(ren). The children, however, are to be listed on the I-129F petition for the spouse. The I-129F must be approved by BCIS office in the United States.
To qualify for K3 visa processing, the applicant must demonstrate that his/her marriage to a U.S. citizen is valid.
Where to Apply for K3/K4 Visa
For those married outside the United States, K3/K4 visas must be issued by a consular officer in the foreign state where the marriage was concluded. An alien spouse wed to a U.S. citizen in the United States should apply in his/her country of residence.
What Documents Need to Be Submitted at the Time of Application
Attention! Beginning October 25, all K3 and K4 visa applicants must submit a completed Electronic Visa Application Form. The Electronic Visa Application Form must be filled out online at http://evisaforms.state.gov. After filling out the form online, applicants will be able to print a copy of their visa application form, which will include their data in a barcode format.
The Electronic Visa Application Form is not available in the Russian language. Answers to the questions on the application must be in English and must use English characters. The applicants are welcome to use the Russian language translation to guide them through the online English Electronic Visa Application Form.
Effective October 25, 2006, the old version of the application form DS-156 will not be accepted.
Documents required for K3/K4 processing are identical with those needed for K1 fiance(e) visa processing. The only difference is that the marriage certificate must be submitted to demonstrate that the applicant’s marriage to the U. S. petitioner is still valid.
When Is K3 Visa Available to the Applicant and When Is It Not?
K3 visa may be issued only when an immigrant visa is not immediately available to the alien.
If the I-130 petition remains at or is in transit from NVC, the applicant may continue to process the K3 rather than switch to immigrant visa processing.
If the I-130 petition is at post, or the applicant has already been interviewed and denied an immigrant visa by a consular officer, perhaps due to a lack of some documents, the applicant must proceed with immigrant visa processing and may not choose to apply instead for the K3.
