1. About the K Visa

The K visas are issued to two groups of people: 

1) U.S. citizens' fiancé(e) who are outside the U.S. (issued K-1 visas), and 

2) U.S. citizens' spouses who are outside the U.S. (issued K-3 visas).

A K-1 visa is for the purpose of admitting an alien fiancé(e) of a U.S. Citizen, while a K-3 visa is for the purpose of admitting the alien spouse of a U.S. citizen for whom a family-based immigrant petition is pending.

The K-1 visa for alien fiancé(e)s of U.S. citizens has been available for many years, but the K-3 visa has only been available since December 21, 2000. Since that time, the USCIS has not created a new form for “Petition for Alien Spouse”, but has just used the “Petition for Alien Fiancé” Form to adjudicate these requests. 

2. The K-3 Visa for Spouse of a United States Citizen

The purpose of the K-3 visa is to promote family reunion and serves as a temporary remedy for the long delayed family based immigration petition process. It allows the alien spouse to stay in the U.S. while waiting for the result of the pending immigration petition. The alien spouse may obtain work authorization during the waiting period. 

K-3 visa offers an opportunity for a spouse of a United States citizen to travel to the United States, so that the family can be together in the United States during the commonly lengthy wait for the USCIS to process the "immediate relative" immigrant visa petition. Once issued, the spouse would be able to travel to the United States to be with the United States citizen petitioner, while awaiting approval of the immigrant visa petition through which the non-citizen spouse will apply for permanent residency

The K-3 spouse files for adjustment of status after entering the U.S., however the spouse has 2 years in which to do so. The K-3 visa is a 2-year multiple re-entry visa.

3. Children for K-4 Visa

The minor children of spouses who will accompany them to enter into the U.S. may apply for a K-4 visa, 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.

Children needing to enter the U.S. on a K-4 visa with a parent do not need a separate Petition for Alien Relative, but the petitioner must take care to name all the spouse’s children on the Petition for Alien Fiancé. If the U.S. citizen does not name the children on the petition, it may be difficult to prove their identity as children of a K-3 applicant or person in K-3 status. 

A U.S. citizen must file separate immigrant visa petitions for the stepchildren before they can qualify for permanent residence. Like the K-3 parent, when they Adjust Status in the U.S., they must file Form I-485, Application to Register Permanent Residence or to Adjust Status, with the National Benefits Center.