Texas K-3/K-4 Visa Attorney

Texas K-3/K-4 Visa Attorney

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United States immigration law supports the unification of families. By applying for nonimmigrant visas under the K-3 and K-4 programs, the foreign spouse of a United States citizen can secure temporary stay in the U.S. for himself/herself and his/her minor children while they are awaiting adjustment of status as permanent residents.

For more information on K-3 and K-4 visas, please reach out to the experienced Austin immigration law attorneys at Peek Toland & Castañeda PLLC. Not only will we provide you with a comprehensive evaluation of your case and legal options, but we will also help you gather all the applications and documents needed for approval and make sure they contain all the necessary information. With our help, you’ll avoid unnecessary delays. Call us today at (512) 474-4445 to speak with one of our dedicated staff members.

How to Apply for K-3/K-4 Visa

Foreign spouses seeking a K-3 nonimmigrant visa must have their U.S. citizen spouse file two petitions with the United States Citizenship and Immigration Services (USCIS) on their behalf: Form I-130 and Form I-129F, Petition for Alien Fiancé(e). If the foreign spouse has any minor children seeking K-4 visas, they should be listed on the I-129F.

Once both forms are approved by the USCIS, and Form I-129F is sent to the U.S. Department of State for consular processing, then the foreign spouse and any minor children can apply for the K-3 or K-4 visa.

Be forewarned: when a K-3 visa holder’s I-130 reaches the Department of State, s/he and his/her children are no longer eligible for K-3/K-4 nonimmigrant status. This is why U.S. citizen petitioners often file a separate I-130 on the behalf of K-4 children concurrently with the spouse’s I-130.

K-3/K-4 Visa Benefits and Limitations

Once admitted to the United States, K-3 visa holders may apply for permanent resident status. K-4 nonimmigrants must have a Form I-130 filed on his/her behalf concurrently with or before applying for adjustment of status. Both K-3 and K-4 visa holders may apply to work legally in the U.S. by filing Form I-765, Application for Employment Authorization.

As for limitations, K-3/K-4 visa holders gain admittance for only a two-year period. They may apply for two-year extensions as long as the I-130 petition is still pending. However, if their Form I-130, I-485, or immigrant visa application with the Department of State is denied, then their authorized stay expires 30 days after the date the denial is received. Divorce or annulment of the marriage also triggers automatic expiration.

Reliable Immigration Lawyers in Texas

At Peek Toland & Castañeda PLLC, we work closely with our clients from beginning to end to make sure that the filing process goes smoothly, whether it’s for a K-3/K-4 visa, a green card, or some other immigration need. To schedule an in-person, on the phone, or Skype consultation with one of our excellent legal associates, contact our office today.