There are many different ways for immigrants to join their loved ones in the United States. One of the lesser-known about visas is the K4 “Child of a Spouse” visa, which lets the kids of K-3 spouse visa holders enter the United States while they wait for an immigrant visa to become available.
If you want to learn more or start the process of applying for a K4 visa, contact Attorney Eric Price. Our firm has been voted the best immigration law firm in Los Angeles several years in a row. Our firm is devoted to changing the lives of all immigrants in the U.S by uniting families across the country. We are focused on bringing dignity to hardworking people whose lives, culture, and labor are strengthening America.
K4 Visa Eligibility & Requirements
The K4 visa belongs to the U.S. Family Visa category and is meant for the children of K-3 visa holders. To be eligible for a K4 visa, the children must meet the following criteria:
• Be younger than 21 years old
• Be unmarried and not living an independent life
• Seeking to migrate to the United States
• The child’s foreign parent has started the process of applying for a K3 visa
K4 Visa Application Process
K4 visa applications must be made at the same time as the K3 application. They must also be filed by a U.S. citizen who is required to file two petitions for their spouse and their children to join them in the United States.
Required Documents
These documents are required to apply for the K4 visa:
• Form I-130 (Petition For Alien Relative)— This form declares your intent to support your foreign fiancé(é) ’s children.
• Form I-129F (Petition For Alien Fiancé) — This form declares your intent to support your foreign fiancé(é).
• Two copies of the DS-156 application form.
• Applicant birth certificates and police records.
• Local marriage certificate to the K3 applicant.
• Medical reports.
• Passport-style photos.
K4 Visa Cost
• Filing Form I-130: $420
• Filing Form: $535
• MRV fee: $265.00
• Medical examination: $180
• Other costs vary, for example, passport photos and translation and photocopy services.
K4 Visa Processing Time
K4 visas are given to eligible children at the same time the foreign spouse receives their K3 visa. On average, K3 visas take six to nine months for processing.
F.A.Qs About The K4 Visa
Below you will find answers to some questions we frequently get asked about the K4 visa.
What Are Some K4 Visa Benefits?
The most significant benefits of the K4 visa include:
• Ability to reside in the United States with your family while waiting for your immigrant visa petition to get approved.
• You can apply for a work permit and Employment Authorization.
• You can travel outside of the United States and return freely (short trips).
• You can study in the United States.
What Are The Limitations Of The K4 Visa?
Unfortunately, there are some limitations of the K4 visa that you should know about, including:
• You are not permitted to change to any other nonimmigrant status while on a K4 visa.
• You may not enter the United States if you have been temporarily barred for a prior violation of U.S. immigration law.
How Long Can I Stay In The U.S. On A K4 Visa?
The K4 visa is valid for two years or until the visa holder turns 21 — whichever is shorter. It also allows multiple entries back into the United States during those two years.
Can I Extend My Stay On A K4 Visa?
It’s possible to extend a K4 visa stay by using Form I-539 to apply for an extension of stay. You must file the form at least 120 days before your authorized stay is set to expire. Extensions are granted in two-year intervals.
How Do I File An Extension On My K4 Visa?
K4 visa extensions are required to be filed concurrently with the K3 parent’s application for status extension. Additionally, the U.S. citizen parent filing for the K4 extension on behalf of the foreign child must also file Form I-130 on their behalf.
Can My K4 Status Be Terminated?
K4 status can automatically be terminated for 30 days for the following:
• Denial or revocation of Form I-130.
• Denial or revocation of the immigration visa application.
• Denial or revocation of the application for adjustment of status to lawful permanent resident.
• Divorce of the K3 parent and U.S. citizen sponsor/parent.
• The K4 visa holder gets married or turns 21.
Next Steps
If you are interested in applying for the K4 visa, finding a skilled immigration attorney is essential. Immigration law is complex and ever-changing — especially in a post-pandemic world! An experienced immigration attorney will be there to guide you every step of the way, ensure you stay on top of all deadlines, and submit all required forms and documentation.
Contact Attorney Eric Price Today!
Start the process of reuniting your loved ones in the United States today by contacting Attorney Eric Price — an immigration expert who diligently guides clients through the entire process from start to finish. Our firm has helped countless families live out their American dreams together. Contact attorney price today at 1.855.662.2772.
