The K-4 Visa is a U.S. nonimmigrant visa that allows children of K-3 Visa holders to enter the United States. It’s designed for unmarried children under 21 whose parent is married to a U.S. citizen and who has a pending immigration petition. The K-4 Visa facilitates family unity, allowing children to join their parent in the U.S. while waiting for the final approval of their immigration petition and lawful permanent resident status.
1. What is the K-4 Visa?
The K-4 Visa is a nonimmigrant visa issued to unmarried children under 21 of K-3 Visa holders. It is a derivative visa, meaning the eligibility for the K-4 Visa is based on the eligibility of the parent holding a K-3 Visa. The K-4 Visa allows these children to join their parent in the U.S. while the parent’s immigration petition is processed, which may lead to lawful permanent residency.
Key Benefits of the K-4 Visa:
- Family Reunification: Enables children of K-3 Visa holders to stay with their parents in the U.S.
- Path to Green Card: Allows children to adjust their status to become lawful permanent residents.
- Educational and Employment Opportunities: K-4 Visa holders may be eligible for work and education in the U.S. while awaiting their green card.
The K-4 Visa is valid until the child turns 21 or gets married, at which point they are no longer eligible for K-4 status.
2. Eligibility Requirements for the K-4 Visa
To qualify for a K-4 Visa, applicants must meet specific requirements based on their relationship to the K-3 Visa holder (their parent).
Requirements:
- Unmarried Child Under 21: The child must be under the age of 21 and unmarried.
- Parent Must Hold a K-3 Visa: The K-4 applicant’s parent must have a K-3 Visa (granted to foreign spouses of U.S. citizens).
- Pending I-130 Petition: There must be a Form I-130 (Petition for Alien Relative) filed by the U.S. citizen parent on behalf of the K-3 visa-holding parent, as this petition forms the basis for the child’s eligibility for permanent residency.
The K-4 Visa is specifically for children accompanying a K-3 Visa holder, and applicants must continue to meet age and marital status requirements to retain their visa status.
3. Required Documents for the K-4 Visa Application
Applying for a K-4 Visa involves submitting several documents to establish eligibility and family relationship.
Key Documents:
- Completed DS-160 Form: Nonimmigrant visa application form completed online.
- Passport: Valid passport with at least six months of validity beyond the intended stay in the U.S.
- Birth Certificate: Showing the relationship between the child and the K-3 Visa holder (parent).
- Proof of Pending I-130 Petition: Confirmation that the U.S. citizen parent has filed Form I-130 on behalf of the K-3 Visa holder.
- Visa Photo: A recent photo meeting U.S. visa photo requirements.
- Marriage Certificate: Of the K-3 Visa holder and the U.S. citizen sponsor, proving the relationship.
Having these documents organized ensures a smoother application process and reduces the risk of delays.
4. How to Apply for a K-4 Visa
The application process for a K-4 Visa is similar to other nonimmigrant visas, involving both online forms and an in-person interview.
Step-by-Step Application Process:
- Complete Form DS-160: Submit the nonimmigrant visa application online, which generates a DS-160 confirmation page that must be printed and brought to the interview.
- Pay the Visa Fee: The K-4 Visa application fee is $265. This fee is non-refundable and must be paid before the interview.
- Schedule a Visa Interview: Once the DS-160 form is submitted, schedule an interview at the nearest U.S. embassy or consulate.
- Attend the Visa Interview: Bring all required documents, including proof of the relationship to the K-3 Visa holder and evidence of the pending I-130 petition.
- Receive Visa Decision: If approved, the K-4 Visa will be issued, and the child can travel to the U.S. to join the K-3 Visa-holding parent.
The K-4 Visa typically takes several months to process, depending on the embassy and individual circumstances.
5. Duration and Extensions for the K-4 Visa
The K-4 Visa is typically granted for two years but can be renewed if the child remains eligible (under 21 and unmarried) while the parent’s immigration petition is pending.
Important Notes on Duration:
- Expiration: The K-4 Visa expires when the child turns 21 or if they marry, as they are no longer eligible for derivative status.
- Transition to Green Card: Once the I-130 petition is approved, K-4 Visa holders can apply to adjust their status to lawful permanent residency without leaving the U.S.
K-4 Visa holders are encouraged to apply for adjustment of status as soon as possible, especially if nearing the age limit.
6. Transitioning from K-4 Visa to a Green Card
The K-4 Visa provides a pathway to a green card through adjustment of status. Once the U.S. citizen’s I-130 petition is approved for the K-3 Visa holder (parent), the K-4 Visa holder (child) can apply for a green card.
Steps to Adjust Status:
- Form I-485 (Application to Register Permanent Residence or Adjust Status): Submit this form to apply for a green card while remaining in the U.S.
- Attend Biometrics and Medical Exam: Undergo fingerprinting, a medical exam, and an interview (if required).
- Receive Green Card: After approval, the K-4 Visa holder receives lawful permanent residency status, granting the right to live, work, and study in the U.S. permanently.
Adjusting status as soon as possible helps avoid complications, especially if the K-4 holder is close to reaching the age limit of 21.
7. Frequently Asked Questions (FAQs)
1. Can K-4 Visa holders attend school in the U.S.?
Yes, K-4 Visa holders are allowed to attend school or university while waiting for their green card application to be processed.
2. Can K-4 Visa holders work in the U.S.?
K-4 Visa holders may apply for an Employment Authorization Document (EAD), which allows them to work legally in the U.S. while their green card application is processed.
3. How long is the K-4 Visa valid?
The K-4 Visa is generally valid for two years and can be renewed as long as the holder remains eligible and the parent’s immigration petition is pending.
4. What happens if a K-4 Visa holder turns 21?
Once a K-4 Visa holder turns 21, they no longer qualify for K-4 status. Therefore, it’s important to apply for adjustment of status before reaching this age to avoid losing eligibility.
5. Can K-4 Visa holders travel outside the U.S.?
Yes, K-4 Visa holders can travel internationally, but it’s advised to check with immigration authorities and secure a travel document if necessary while the green card application is pending.
6. Does the K-4 Visa automatically grant permanent residency?
No, the K-4 Visa is a temporary visa that does not automatically lead to permanent residency. The holder must apply for adjustment of status to become a lawful permanent resident.