Love is beautiful. It knows no borders, but immigration rules sometimes do. If you’re a US citizen married to a foreign national who has children, you may be wondering how to bring the whole family together in the United States.
That’s where the K-4 visa comes in. This visa allows your children or stepchildren to live with you in the US while you wait for approval of their green card. It’s designed to keep families together during the immigration process, rather than having children stuck overseas.
At Remitly, we value family ties and unity. That’s why we’ve created this clear, simple guide to the K-4 visa application process, so you can focus on building a life together, not on paperwork.
What is the K-4 visa?
The K-4 visa is a family-based nonimmigrant visa for unmarried children under 21, whose parent is married to a US citizen. It allows children to enter and live in the US while they wait for a green card application to be processed.
Here’s how it works:
- Usually, the US citizen files form I-130 (Petition for Alien Relative) to help their spouse (and the spouse’s children) enter the country and obtain a green card.
- Because I-130 processing times can be long, the US government allows the citizen to also file form I-129F (Petition for Alien Fiancé(e)).
- This second form allows the spouse to get a K-3 visa, and their children to get a K-4 visa, to enter the US sooner while waiting for I-130 approval.
This is meant to help families spend less time apart. But often, forms I-129F and I-130 take about the same time to process. Since I-130 is usually filed first, it often gets approved first. If that happens, the K-4 visa becomes invalid since you’re already in the next stage of the green card application process.
How long is the K-4 visa valid?
The K-4 visa is valid for up to two years, or until the expiration of the parent’s K-3 visa, whichever comes first. However, if the child turns 21 years before the two years lapse, they lose K-4 eligibility and will need to apply for a different visa to stay legally in the US while awaiting green card processing.
Unfortunately, the status can’t be changed to another nonimmigrant visa category when this happens. Consider discussing your case with an immigration attorney to find the best way forward if this applies to your situation.
See section: Can K-4 visa holders get a green card? for exceptions to this.
How to renew a K-4 visa
It’s possible to renew or extend the K-4 in two-year increments by submitting form I-539 (Application to Extend/Change Nonimmigrant Status) to the US Citizenship and Immigration Services (USCIS) before it expires.
However, to qualify for an extension, you have to:
- Prove that form I-130, form I-485 (Application to Register Permanent Residence or Adjust Status), or your immigrant visa application is still being processed.
- Provide a valid reason for not filing form I-485 after form I-130 was approved.
- File the extension alongside the parent’s K-3 visa extension.
Benefits of the K-4 visa
Once approved, there are several benefits to enjoy in the US as a K-4 visa holder.
Able to live in the US legally while waiting for a green card. With a green card, you become a permanent US resident, but not a citizen. But there are pathways to US citizenship.
K-4 visa holders can attend school in US education institutions from preschool to college or university level. They are also allowed to work in the US. Consider filling out form I-765 (Application for Employment Authorization) for proof of authorization to work in the country.
The K-4 visa allows multiple entries to the US. So, travel and re-entry to the country is allowed provided the visa is still valid.
When can a K-4 visa be terminated?
A K-4 visa can be revoked or terminated in any of the following situations.
- The child turns 21 years old.
- The parent’s K-3 visa expires or is terminated.
- The USCIS revokes or denies form I-130.
- Form I-485 is denied.
- The child’s visa application is denied.
- The child marries before obtaining permanent residency.
K-4 visa eligibility requirements
Not every child of a K-3 visa holder qualifies for a K-4 visa. To be eligible, the following conditions have to be met:
- Be under 21 years old.
- Have an eligible stepparent/stepchild relationship. The child must have been under 18 years of age when the parents got married.
- The child must be unmarried.
- Be the biological or legal child of the K-3 applicant. Proof must be provided of the parent-child relationship, such as a birth certificate or adoption decree.
- Be listed on the K-3 visa petition (Form I-129F). The form must be approved or pending.
- Plan to enter the US with or after the K-3 parent.
To avoid delays or denial, ensure that the child is included in the K-3 holder’s visa petition because children cannot apply directly for K-4 visas.
Can K-4 visa holders get a green card?
Yes. K-4 visa holders can apply for a green card based on the stepchild and stepparent relationship created when a US citizen marries the child’s biological or legal parent.
Children may qualify for certain protections under the Child Status Protection Act (CSPA) in case they ‘age out’ (turn 21) before their green card is approved.
Under the CSPA:
- The child’s age is ‘frozen’ when the US citizen stepparent files form I-130 on their or their foreign-national parent’s behalf. Technically, this prevents the child from turning 21 on paper, so they remain eligible for the K-4 visa.
- The child may independently apply for a green card based on a separate form I-130 filed directly by the US stepparent.
Even with these benefits, the CSPA has restrictions:
- The child must remain unmarried
- It only applies to green card eligibility and not K-4 via extensions
- They must file form I-485 before turning 21
- Form I-130 must be approved, and a visa must be available
Fortunately, there’s no annual cap on K-4 visas, making it easier to reunite families.
Documents required when applying for a K-4 visa
To support the application, attach and submit these important documents:
- A valid passport.
- A birth certificate or adoption decree to prove the relationship with the K-3 holder.
- A marriage certificate to prove that the US citizen and the child’s parent are legally married.
- Evidence of the stepparent’s US citizenship. This can be a copy of a US birth certificate, valid US passport, consular report of birth abroad, naturalization certificate, or certificate of citizenship.
Although the US stepparent doesn’t need to file form I-864 (Affidavit of Support), they must demonstrate financial ability to support the child in the country.
Understanding the K-4 visa application process
We understand how hard family separation can be, both emotionally and logistically. We hope this step-by-step guide will help to navigate the process and reunite with your loved ones as quickly as possible.
Step 1: The US citizen files forms I-130 and I-129 F with the USCIS.
Step 2: Await USCIS approval. If form I-130 is approved first, or at the same time as form I-129F, a K-4 visa is no longer needed. Instead, applicants will receive an immigrant visa to enter the US as a permanent resident. Fortunately, this is the case for most K-4 applicants.
Step 3: This step onwards is necessary only if form I-129F is approved before form I-130. The USCIS sends the approval to the National Visa Center (NVC).
Step 4: The NVC forwards the case to the US embassy or consulate in the country where the parents got married or to the foreign-national parent’s country of residence.
Step 5: Complete form DS-160 on the online portal and print the confirmation page.
Step 6: Pay the nonrefundable visa application fee of $265 USD and schedule a visa interview at the US embassy or consulate.
Step 7: Complete a medical examination with a USCIS-approved panel physician before the interview. Biometrics may be required depending on age.
Step 8: Attend the interview. Bring along all required documents, including the medical examination report, DS-160 confirmation page, and a US visa-compliant photo.
Step 9: Track the visa application online.
Step 10: Travel to the US once approved. Travel together with the K-3 holder or after them, but not before.
Common challenges K-4 visa applicants face
The K-4 visa application process can feel overwhelming, especially when families are already dealing with the stress of being apart. While many applicants complete the process successfully, some common challenges do come up. Here’s how to navigate them.
Challenge one: Submitting the right forms and documents
The K-4 visa involves a lot of paperwork. It’s easy to submit inaccurate or incomplete forms.
To avoid this, create a checklist of all required documents and responsible parties. For example, the US citizen stepparent is responsible for forms I-129F and I-130.
Double-check all personal details. Spelling errors, mismatched names, or incorrect birth dates can cause problems.
Visa interviews can be daunting, particularly for children and young applicants. Delays, legal nuances, and extra documentation can make this step feel especially complex. Here’s how to prepare:
- Practice interview questions in advance, even with younger children, so they feel more at ease.
- Bring all required documents, including the medical examiner’s report, DS-160 confirmation page, and valid ID or passport.
- Consider consulting an immigration expert to ensure everything is in order and to reduce uncertainty.
Challenge three: Dealing with visa processing delays or inconsistencies
- Visa delays are common and can be stressful, especially if there’s a risk of aging out or plans to reunite soon.
- Apply as early as possible, don’t wait until close to a child’s 21st birthday.
- Track the case through the USCIS Case Status Tracker or Consular Electronic Application Center (CEAC).
- Include supporting documents that explain any urgency, such as proof of schooling, health issues, or travel plans.
- Take advantage of the Child Status Protection Act (CSPA) if the child is close to turning 21 before the green card is approved.
- No matter where you’re from, every family deserves the chance to be together. The K-4 visa offers a pathway for children to join their parents in the US and even begin the journey towards permanent residency. Ensure that you meet the eligibility criteria and provide all required documents to support your application.
- Consider hiring an immigration expert if you find the K-4 visa application process overwhelming.
Good luck with your application!
FAQs
What is the K-4 Visa, and who qualifies for it?
The K-4 visa is for stepchildren of US citizens married to foreign nationals. With this visa, the stepchildren can enter the US while they await their green card to become permanent residents.
Can a K-4 visa holder work or attend school in the US?
K-4 visa holders can attend school from preschool to university or college. They’re also allowed to work in the US. Complete form I-765 (Application for Employment Authorization), which is proof of authorization to work in the country.
How long does the K-4 visa take to process?
The K-4 visa process takes up to 12 months. However, this can vary depending on the case. Consider checking with the USCIS for accurate timelines.