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K-3/K-4 Non-immigrant Visa a foreign national spouse, Children who Turn 21 Before Obtaining Immigrant Status
||2015-07-16 14:56:08, 조회 : 419, 추천 : 110
K-3 Visa Overview
Application Process for K/3
Required Documentation for K-3/K-4
Expiration of a K-3 Non-immigrant Visa
K-4 Children who Turn 21 Before Obtaining Immigrant Status
Approval of Application for Adjustment of Status
1. K-3 Visa Overview
K-3 visa is for a foreign national spouse, who has a valid marriage to a United States Citizen, to enter the United States while they are awaiting the adjudication of a Form I-130, Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting. Eligible children of K-3 visa applicants receive K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the U.S. while immigrant visa petitions are pending approval by USCIS.
To be eligible for a K-3 nonimmigrant visa, an individual must:
Be married to a U.S. citizen
Have a pending Form I-130, Petition for Alien Relative
A child may be eligible for a K-4 visa if:
The child is unmarried, under 21, and the child of a qualified K-3 non-immigrant visa applicant
Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.
2. Application Process for K-3
Step One: filing the petitions
U.S. citizen sponsor must first file Form I-130, Petition for Alien Relative. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition.
You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren.
After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.
Step Two: applying for the Visa
If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place.
The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. Some visa applications require further administrative processing,
Eligible children of K-3 visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.
3. Required Documentation for K-3/K-4
The foreign-citizen spouse and eligible children applying for K-4 visas will be required to bring the following forms and documents to the visa interview:
Two (2) Non-immigrant Visa Applications, Form DS-156 (prepared in duplicate.) Note: K-3/K-4 visa applicants should not fill in Form DS-160, Online Nonimmigrant Visa Application;
One (1) Application For Immigrant Visa and Alien Registration, Form DS-230, Part I (You are not required to complete Part II.)
A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
Marriage certificate for the marriage to the U.S. citizen spouse
Divorce or death certificate(s) of any previous spouse(s)
Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16. (Police certificates are also required for accompanying children age 16 or older.)
Medical examination: Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician.
Evidence of financial support (Form I-134, Affidavit of Support may be requested): Applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the United States.
Two (2) 2×2 photographs.
Evidence of relationship with your U.S. citizen spouse
Payment of fees
Note: The Consular Officer may ask for additional proof that marriage to the U.S. citizen is genuine.
4. Expiration of a K-3 Non-immigrant Visa
A K-3 visa holder’s authorized stay automatically expires 30 days after any of the following events:
USCIS denies or revokes the Form I-130 visa petition
USCIS denies a Form I-485 filed by the K-3 nonimmigrant or Department of State denies the immigrant visa application filed by the K-3 non-immigrant
Termination of the marriage through divorce or annulment
Note: A K-4’s authorized stay automatically expires when the K3’s status expires.
5. K-4 Children who Turn 21 Before Obtaining Immigrant Status
K-4 nonimmigrant visas holders will be admitted to the United States for 2 years or until the day before their 21st birthday, whichever is shorter. The K-4 nonimmigrant ‘s status will expire when he or she turns 21. If the USC petitioner filed a Form I-130 on a K-4 nonimmigrant’s behalf before the K-4 turned 21, he or she may continue to be eligible for adjustment of status under the Child Status Protection Act.
6. Approval of Application for Adjustment of Status
The K3/K4 nonimmigrant will become a lawful permanent resident of the United States after adjustment of status is approved. Marriages that are less than 2 years old will result in permanent residency under on a conditional basis. You and your spouse will then be required to file a Form I-751, Petition to Remove Conditions of Residence within the 90 day period prior to the expiration date on the green card.
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