6. How Does a Child of a K-3 Visa Holder Qualify for a K-4 Visa?
To qualify for a K-4 visa, a foreign natural must be the minor (under 21), unmarried child of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for a foreign national spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the alien’s children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification. However, the U.S. citizen will have to file a Form I-130 for the children at the time they file for adjustment of status.
7. How Does a K-4 Child Adjust Status in the United States?
A child in the U.S. in K-4 status will not be able to file for adjustment of status until the U.S. citizen parent or step-parent files an I-130 on behalf of the child. If the U.S. citizen parent or step-parent does not or will not file an I-130 petition, the foreign national spouse may do so once he/she has obtained legal permanent residence. If the foreign national spouse files the I-130, however, the child would have to wait for a visa number to be available before filing for adjustment of status. This will cause a problem as the child will no longer be in K-4 status (the foreign national’s K-4 status ends upon the foreign national spouse filing of the AOS application). Since K-4 status is merely a derivative classification, that child would begin to accrue unlawful presence and may have to wait abroad for immigrant visa processing.
8. Can Those With K-3 and K-4 Visas Change to Another Non-immigrant Visa Category in the United States?
K-3 or K-4 visa holders cannot change status in the United States to another non-immigrant visa category.
9. Do the Children Who Will be Receiving K-4 Visas Need to Have Separate Petitions Filed for Them?
To be eligible for the K-4 nonimmigrant visa, children do not need a separate Form I-130, Petition for Alien Relative, or Form I-129F filed on their behalf. However, the children should be listed on the foreign national spouse’s Form I-129F.
10. If the Child(ren) is Not Named on the I-129F Petition, Will that be a Problem?
The K-4 visa will not be denied because the child’s name is not listed on the I-129F petition as long as it can be established that he/she is the minor, unmarried child of the foreign national spouse who was issued a K-3 visa.