Visa Categories

K3 / K4 Nonimmigrant Visas

K3 and K4 visas help reunite families who have been or could be subject to a long period of separation during the process of immigrating to the United States. Holders of K3 and K4 visas will be able to wait in the U.S. for this process to be completed.

What are K3/K4 visas?

The K3 visa is for a foreign spouse of a United States citizen and the K4 is for the spouse's foreign children.

The K3 NIV applicant for the visa must prove:

his/her marriage to a U.S. citizen is valid, AND

• he/she is the beneficiary of an immigrant petition (I-130) already filed with the U.S. Department of Homeland Security(DHS), Citizenship and Immigration Services
  (CIS) as the spouse of a U.S. citizen, but this petition has not yet been approved by CIS, AND

• he/she is also the beneficiary of a nonimmigrant petition (I-129F) filed with and approved by CIS in the U.S., AND

• he/she wishes to enter the U.S. to await the approval of the I-130 by CIS or the availability of an immigrant visa.

All four qualifications must be met before the U.S. State Department can process a K3 visa overseas at a U.S. Embassy or Consulate.

If an I-130 for the spouse is already overseas at a U.S. Embassy or Consulate, then the applicant will seek an immigrant visa instead of the nonimmigrant K visa. If an immigrant visa based upon the I-130 for the spouse has already been denied, then neither the spouse nor the spouse's children may qualify for a K3 or K4 visa.

To Qualify for a K4 visa

To qualify for a K4 visa, an applicant must be the minor, unmarried child under 21 years of age of a qualified K3 applicant. The U.S. citizen who files an I-129F for an alien spouse does not have to file a separate I-129F for a child of that spouse as long as these children are listed on the I-129F for the spouse.

However, according to CIS rules, the K4 child can seek adjustment of status in the U.S. only after the U.S. citizen parent/step-parent has a CIS-approved I-130 on behalf of the child.

The K3 Application Process Begins with CIS in the U.S.

U.S. citizen petitioners must file an I-129F with CIS in the U.S. to initiate overseas processing of a K3. The I-129F is the same petition form that is used for a K1/2 fiancé visa. Petitioners should consult the CIS website at http://uscis.gov/graphics/index.htm for instructions and downloadable forms. As is the case now for fiancé petitions, neither U.S. State Department consular officers nor overseas CIS offices have the authority to process I-129Fs. The new CIS Missouri Service Center (MSC) will adjudicate all I-129F petitions for K3 visas. CIS will note the country of marriage in the "Remarks" section of the I-129F. Once CIS MSC approves a petition, it will forward the case to the U.S. State Department's National Visa Center (NVC).

NVC will electronically enter the country of marriage, do internal clearances and send the I-129F to the U.S. Embassy or Consulate in the country of marriage noted on the I-129F.

U.S. Embassy, Seoul

Once U.S. Embassy Seoul receives the scanned I-129F petition from NVC, we will send the beneficiary a letter with our instructions (SEO-3.5) on how to apply for the K3 and K4 visa.
Required Documents: are similar to those needed for K1 fiancé cases and consist of 2 copies of the nonimmigrant visa application (DS-156), local police checks, birth certificates for each K3/K4 applicant, local marriage certificate for the principal applicant and divorce/death certificate terminating any previous marriages, the standard immigrant visa medical exam and a valid passport. K4 applicants must have their own passport issued in their name or be included in the K4 parent's passport. Applicants must present evidence of financial support to demonstrate that they will not be public charges in the U.S. A $131 MRV fee will be charged per applicant. 
 
We normally issue multiple entry/2-year validity K3/4 visas.  The validity of a K4 visa for an applicant who is over 19 years of age will be limited to the day before the K4 visa applicant reaches his/her 21st birthday.

 

For immigrant visa (IV) inquiries, please e-mail us at seouliv@state.gov.


The U.S. Embassy is closed on both U.S. and Korean holidays.

May 6, 2008