11. Once the K-3 Spouse Becomes a Permanent Resident, Can They File for Their K-4 Child?
The immigrant parent may file a petition for their children once he/she has obtained legal permanent residence; however, the child will then need to wait for an immigrant visa number to be available.
If the K-4 children is planning to remain in the U.S., it is important to note that once the immigrating parent becomes a permanent resident he or she will no longer hold K-3 status and, therefore, the children will no longer have derivative K-4 status. If the children falls out of status and he or she remains in the U.S., the children will begin to accrue unlawful presence and will be ineligible for adjustment of status when the children’s immigrant visa number does becomes available.
If the children meet the definition of a child, step-child, or adopted child of the U.S. citizen under immigration law, it would be best for the children if the U.S. citizen parent or step-parent files a Form I-130 on their behalf. The Form I-130 can be filed along with the adjustment of status package once the K-4 children are in the U.S. The child cannot “ride” on the I-130 that was filed for the K-3 foreign national spouse. If the U.S. citizen parent or step-parent will not file the I-130, the child should wait in the home country for immigrant visa processing.
12. Can I File for a K-3 for My Spouse if They are in the U.S?
The K-3 visa classification is available for the foreign national spouse of a U.S. citizen who is outside of the U.S. (or is currently visiting the U.S. and is returning back to home country) and has had a Form I-130, Petition for Alien Relative, filed on his or her behalf.
13. Once the Foreign National Spouse of a U.S. Citizen Enters the U.S. with a K-3 Visa, What is the Next Step Towards Obtaining Permanent Residence?
Once the K-3 spouse enters the U.S., he or she should for adjustment of status by submitting Form I-485, and the supporting documentation together with the Form I-797, Approval Notice for the Form I-130.
14. Can the Foreign National Spouse Get a Work Permit?
Yes, foreign nationals in K-3 or K-4 status, and applicants for adjustment of status from K-3 or K-4 are eligible to apply for a work permit while their cases (Form I-130 or Form I-485) are pending. They should use Form I-765, Application for Employment Authorization to apply for a work permit. While in K-3/K-4 status, the foreign national submits the application, together with the filing fee, to the USCIS Service Center with jurisdiction over the state where you live. If the foreign national has an adjustment of status application pending they can file the Form I-765 with Service Center where the adjustment application is pending.
15. Can the Foreign National Spouse Travel and Re-enter the U.S. on K-3?
The K-3 and K-4 visas are valid for multiple entries, therefore foreign national spouses and their children present in the United States in K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3 or K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application.