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It may happen that an alien spouse’s I-130 application reaches and is approved by the U.S. Consulate, before they immigrate to the U.S. In this scenario the K-3 visa will be immediately available to the applicant and they must immigrate as lawful permanent residents. If The K-3 alien spouse did not file concurrently with their K-4 children, and the K-4 child does not have an approved I-130, they will not be able to immigrate with their parent.
K-3 and K-4 visa holders are only admitted for 2 year periods. Extensions of status are permissible, and are granted for additional 2 year periods, as long as the I-130 visa petition or adjustment of status dependent upon the marriage, between the foreign spouse and the U.S. citizen spouse, is still pending.
A K-3 visa will automatically expire if either USCIS denies or revokes the I-130 petition, or USCIS denies an adjustment of status form (I-485) filed by the K-3 non-immigrant.
A K-4 non-immigrant visa issued for the minor children of a K-3 holder automatically expires when their K-3 parent’s visa expires.
A K-4 visa’s non-immigrant status automatically expires within 30 days if they marry.
K-4 and K-3 visa holders do not need Advance Parole documents unless their non-immigrant visa has expired or they have an adjustment of status (I-485) that is pending.
K-3 and K-4 visas are not eligible to change their non-immigrant visa status to another non-immigrant category.
K-4 and K-3 visa holders may apply for an EAD and use it to work in the US after their EAD is approved by the USCIS.
For more detailed information on K-3/K-4, including minimum requirements and USCIS policies, please click on the relevant links on this page: