- Spouse (“K-3″) of US Citizen (“Petitioner”).
- Petitioner should have filed an I-130 Greencard petition which is pending.
- Seeks entry into the United States to wait approval of pending I-130 petition.
- Unmarried child of K-3 can accompany as K-4. Separate petition for K-4 is not required.
- If K-4 is under 18 at the time of marriage of the petitioner with K-3, petitioner will have to file a separate I-130 petition for K-4 to do AOS as a “step-child”. Child Status Protection Act (“CSPA”) will apply in the AOS case.
- If K-4 child is over 18 at the time of marriage of the petitioner with K-3, K-4 can still come to United States until 21st birthday, but would not be able to do AOS based on K-4 status.
- Petitioner must file I-129F petition with USCIS, along with proof that an I-130 petition has been filed and is pending. Once approved, it will be forwarded to National Visa Center (“NVC”), and once cleared, will be forwarded electronically to a nearby consular post.
- K-3 petition must include petitioner’s criminal record, if any.
- K-3 will not be approved for past convictions and criminal offenses against a minor, without granting of a waiver.
- K-3 Petition is valid for 4 months after approval from USCIS.
- K-3 Visa will have validity of 2 years with multiple entry.
- Extension may be granted for 2 year intervals, if I-130 has not been approved, or if K-3 has filed for Adjustment of Status (“AOS”) or Consulate processing, which is still pending adjudication.
- Upon petitioner’s death, K-3 Petition is automatically converted to I-360 petition.
- K-3/K-4 cannot file a change of status to another non-immigrant visa. Similarly a non-immigrant visa holder cannot change status to K-3/K-4.
- K-3/K-4 can work with an Employment Authorization Document (“EAD”). EAD can be renewed at the time of K-3/K-4 extension filing.
- K-3/K-4 can travel outside the United States without Advance Parole (“AP”), as long as they are in valid K-3/K-4 status and have a valid visa.