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K-3/4 USC Spouse/Children

On December 21, 2000, the Legal Immigration and Family Equity (LIFE) Act amended the K nonimmigrant visa category to include the spouse and unmarried children of United States citizens. With this modification, the spouse and children of a United States citizen may be admitted to the United States as K-3 and K-4 non-immigrants to complete their process for permanent residence.

General Steps
1. The U.S. citizen must have filed I-130 immigration petition with the USCIS on behalf of his/her alien spouse;
2. File an I-129F, petition for fiance(e) visa with the regional service center of US Citizenship and Immigration Services (USCIS) that covers the state where the US citizen live;
3. I-129F is approved;
4. The spouse applies for the K-3 visa at the US Consulate within four months;
a) If the marriage occurred outside of the United States, the consulate where the marriage took place, OR
b) If the marriage occurred in the United States, the consulate with jurisdiction over the current residence of the alien spouse.
5. Get K-3 visa and enter into US.

Basic Requirements
1. Be the spouse of a United States citizen;
2. Have a pending relative petition, Form I-130 filed with the USCIS;
3. Have the intent to enter the United States in order to await the completion of the permanent residence process;
4. Have an approved Form I-129F, Petition for Alien Fiance.

K-3 Visas Validation
Generally speaking, K-3 visa is valid for two years. The K-3 holder must leave US in 30 days after the termination. But it is no longer valid 30 days after one of the following:
1. Denial of the I-130;
2. Denial of Adjustment of Status;
3. A final divorce of the marriage;
4. A K-4 nonimmigrant turning 21 years old or marrying;
5. Approval of permanent residence for the K-3, thus terminating the derivative K-4 status.

Documents
Of the Citizen:
1. Your Certificate of naturalization, certificate of citizenship, or U.S. birth certificate;
2. Your Passport (if available);
3. If you has been previously married, provide documents to prove that all previous marriages were legally terminated (divorce decrees, or certificate of divorce);
4. If your name shown in the above mentioned documents have changed, provide legal documents to show how the name change occurred (i.e., a marriage certificate, adoption decree, court order, etc.)
5. Two recent identical color photos (2"X2") of you;
6. Your past three years' tax returns or past three years' tax return of other sponsors, if any.

Of the Spouse:
1. Passport of your alien spouse;
2. If you has been previously married, provide documents to prove that all previous marriages were legally terminated (divorce decrees, or certificate of divorce);
3. If your name shown in the above mentioned documents have changed, provide legal documents to show how the name change occurred (i.e., a marriage certificate, adoption decree, court order, etc.);
4. Two recent identical color photos (2"X2") of you.

 
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