Children of holders of K-3 spouse visas (K4 visa)
If you are in the US on a K-3 spouse visa, you may bring your child to the states on a K-4 visa.
Your child can qualify for the K-4 visa if s/he:
- Is under 21
- Is unmarried
- Is the child of a K-3 visa holder
- Is seeking to immigrate to the US
If your child is granted a K-4 visa, he or she may live in the US while waiting approval of the immigrant visa petition, apply for a work permit, travel outside of the US and come back and study in the US.
On a K-4 visa , your child may not change to any other non-immigrant status, or enter the US if s/he has been barred for previous violation of US immigration laws.
The K-4 visa is valid for two years with multiple entries, or until the age of 21, whichever is shorter. 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. Extension 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.
Applying for a K-4 visa
The following documents are required for the K4 visa:
- Two copies of the DS-156 application form
- Two passport-sized, frontal view color photographs with a white background of the principal K-3 and K-4 visa applicant
- Local police certificates of the principal K-3 and K-4 visa applicant
- Birth certificates of the principal K-3 and K-4 visa applicant
- Local marriage certificate of the principal K-3 applicant
- Divorce or Death certificates of the principal K-3 applicant
- Medical report from one of the Embassy's panel physicians
- Separate valid passports of the principal K-3 and K-4 visa applicant
Children of K-1 fiancé(e) visa holders
One of the priveleges of having a K-1 visa is that you may bring your children under age 21 with you. They will need a K-2 visa. When you apply to bring your fiancé(e) to the United States, you should apply for their unmarried, minor children at the same time. They may work in the US on this visa.
Frequently Asked Questions
Can I be denied a K-4 visa if my name is not mentioned on my K-3 parents' I-129F petition for alien fiancé(e)?
No, you won't be denied the K-4 visa because your name is not listed in the Form I-129F, Petition for Alien Fiancé(e), filed by your K-3 parent as long as you are able to establish that you are the minor, unmarried child of the applicant issued a K-3 visa.
Can I apply for K-4 visa if my K-3 parent has been refused an immigrant visa?
No, you are not eligible to apply for K-4 visa if your K-3 parent has been refused an immigrant visa.
Is it possible to lose my K-4 visa status?
Your K-4 status will be automatically terminated 30 days following:
- Denial or revocation of the Form I-130, Petition for Alien Relative, filed on your child's behalf
- Denial or revocation of the immigrant visa application filed by/for your child
- Denial or revocation of your child's application for adjustment of status to that of lawful permanent resident
- Divorce of your child's K-3 parent from the U.S. citizen
- Your child's marriage or 21st birthday
