K-4 Children of K-3 visa holders
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The K4 visa is a nonimmigrant visa that allows the children of a K-3 spouse visa holder to enter the U.S. and await the availability of an immigrant visa.
To qualify for a K-4 visa, you must be:
- Less than 21-year-old
- The unmarried child of a K-3 applicant
- Seeking to immigrate to the U.S.
On a K-4 visa, you may:
- Reside in the U.S. with your family while waiting for the approval of your immigrant visa petition
- Apply for a work permit using Form I-765, Application for Employment Authorization
- Travel outside of the U.S. on short trips and return
- Study in the U.S.
On a K-4 visa you may not:
- Change to any other nonimmigrant status
- Enter into the U.S. if you have been temporarily barred for a previous violation of the U.S. immigration laws
The K-4 visa is valid for two years with multiple entries, or until the age of 21, whichever is shorter, you may apply for an extension of stay using Form I-539, Application to Extend or Change Nonimmigrant Status, 120 days prior to the expiration of your authorized stay. Extensions will be granted in two-year intervals
Your K-4 status will be automatically terminated 30 days following:
- Denial or revocation of the Form I-130, Petition for Alien Relative, filed on your behalf
- Denial or revocation of the immigrant visa application filed by you
- Denial or revocation of your application for adjustment of status to that of lawful permanent resident
- Divorce of your K-3 parent from the U.S. citizen
- Your marriage or 21st birthday
The USCIS may grant you permission to take up employment in the U.S. To obtain Employment Authorization you will need to file Form I-765, Application for Employment Authorization, with the USCIS Service Center which covers your place of residence in the U.S after your arrival there, you may study in the U.S. while awaiting the issuance of an immigrant visa.
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