If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative, for your alien spouse who is abroad, you can file a Form I-129F, Petition for Alien Fiancé(e), for your alien spouse and their children to obtain K-3 and K-4 nonimmigrant visas to come to the United States to await processing of the Form I-130.
Currently, the processing times for Form I-129F are often comparable to the processing times for Form I-130.
Once the Form I-130 is approved, beneficiaries are no longer eligible for a K-3 or K-4 nonimmigrant visa, so the Department of State rarely issues K-3 and K-4 visas.
Eligibility:
If you are a U.S. citizen, your foreign spouse may be eligible for a K-3 visa if he or she:
1. Is married to you;
2. Is the beneficiary of a Form I-130, Petition for Alien Relative that you filed for him or her; and
3. Seeks to enter the United States to await USCIS’ decision on the Form I-130.
A child of your foreign spouse may be eligible for a K-4 visa if he or she is:
1. Under 21 years of age;
2. Unmarried; and
3. The child of the K-3 visa applicant you filed for.
Period of Admission and Extensions of Stay:
If you are granted a K-3 visa, the Department of Homeland Security (DHS) will admit you for a 2-year period. You generally cannot change your status in the U.S. to another nonimmigrant visa category.
If you are granted a K-4 visa, DHS will admit you for a 2-year period or until the day before your 21st birthday, whichever is shorter. Your status will expire when you turn 21 years old. You generally cannot change your status in the United States to another nonimmigrant visa category.
Extension of Stay:
If you have either a K-3 or K-4 visa, you may submit a Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS in the 120 days before your authorized stay expires. To be eligible for an extension of stay, you must show either:
1. That a Form I-130, a Form I-485, or an immigrant visa application is still pending; or
2. Good cause why you did not file a Form I-485 or immigrant visa application after USCIS approved the Form I-130 filed for you.
If you have a K-4 visa, you must file your extension application together with your parent’s K-3 status extension application. USCIS grants extensions of stay for K-3 and K-4 visa holders in 2-year increments.