Spouse and Fiance(e) of an American Citizen (k
Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant
visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the
country where the marriage took place. After the visa process has been completed, and the
visa is issued, the spouse can travel to the United States to wait for the processing of the
immigrant visa case.
Two petitions are required:
Petition for Alien Relative, Form 1-130; and
Petition for Alien Fiancé(e), Form I-129F
Nonimmigrant visa for fiancé(e) (K-1)
If you are an American citizen, you may bring your fiancé(e) to the United States to marry and
· Nonimmigrant visa for fiancé(e) (K-1) - To travel to the United States for marriage.
I-129F fiancé(e) petition is required.
Nonimmigrant visa for children of a US citizen Spouse
Children of U.S. citizens’ spouses can come to the United States on nonimmigrant visas (K-4)
and wait in the United States to complete the immigration process. Before a K-4 visa can be
issued to a child, the parent must have a K-3 visa or be in K-3 status.
To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of
age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien
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.
The K-4 child will not be able to file for adjustment of status in the United States until the U.S.
citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-
parent never files the I-130 petition, the immigrating parent may do so once he/she has
obtained legal permanent resident (LPR) status, but the child would have to wait for an available
visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status,
therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative
classification, and that child would begin to accrue unlawful presence.
The Law Office Of Michael Ewetuga
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