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K3 / K4 Nonimmigrant Visas
A K3 and K4 visas will reunite families who have been or could be subject
to a long period of separation during the process of immigrating to the
United States. Holders of the new K3 and K4 visas will be able to wait
in the U.S. for this process to be completed.
What are K3/K4 visas?
The new K3 visa is for a foreign spouse of a United States citizen and
the K4 is for the spouse's foreign children.
The K1 (fiancé) nonimmigrant visa for
the foreign fiancé of a US citizen will continue as before. The visa
for a foreign child who will be immigrating with a K1 alien will still
be a K2 nonimmigrant visa.
The K3 NIV applicant for the visa must prove:
his/her marriage to a U.S. citizen is valid, AND
- he/she is the beneficiary of an immigrant petition (I-130)
already filed with the U.S. Department of Homeland Security(DHS),
Citizenship and Immigration Services
(CIS)
as the spouse of a U.S. citizen, but this petition has not yet been
approved by CIS, AND
- he/she is also the beneficiary of a nonimmigrant petition
(I-129F) filed with and approved by CIS in the U.S., AND
- he/she wishes to enter the U.S. to await the approval of the I-130
by CIS or the availability of an immigrant visa.
All four qualifications must be met before the U.S. State Department can
process a K3 visa overseas at a U.S. Embassy or Consulate.
If an I-130 for the spouse is already overseas at a U.S. Embassy or Consulate,
then the applicant will seek an immigrant visa instead of the nonimmigrant
K visa. If an immigrant visa based upon the I-130 for the spouse has already
been denied, then neither the spouse nor the spouse's children may
qualify for a K3 or K4 visa.
To Qualify for a K4 visa
To qualify for a K4 visa, an applicant must be the minor, unmarried child
under 21 years of age of a qualified K3 applicant. The U.S. citizen who
files an I-129F for an alien spouse does not have to file a separate I-129F
for a child of that spouse as long as these children are listed on the
I-129F for the spouse.
However, according to CIS rules, the K4 child can seek adjustment of status
in the U.S. only after the U.S. citizen parent/step-parent has an CIS
approved I-130 on behalf of the child.
The K3 Application Process Begins with CIS in the U.S.
U.S. citizen petitioners must file an I-129F with BCIS in the
U.S. to initiate overseas processing of a K3. The I-129F is the same
petition that is used for a K1/2 fiancé visa. Petitioners should consult
the CIS website at www.uscis.gov
for instructions and downloadable forms. As is the case now for fiancé
petitions, neither U.S. State Department consular officers nor overseas
CIS offices have the authority to process I-129Fs. The new CIS Missouri
Service Center (MSC) will adjudicate all I-129F petitions for K3 visas
as well as V visas. CIS will note the country of marriage in the "Remarks"
section of the I-129F. Once CIS MSC approves a petition, it will forward
the case to the U.S. State Department's National Visa Center (NVC).
NVC will electronically enter the country of marriage, do internal clearances
and send the I-129F to the U.S. Embassy or Consulate in the country of
marriage noted on the I-129F.
U.S. Embassy, Seoul
Once U.S. Embassy Seoul receives the scanned I-129F petition from NVC,
we will send the beneficiary a letter with our instructions (SEO-3.5)
on how to apply for the K3 and K4 visa.
Required Documents: are similar to those needed for
K1 fiancé cases and consist of 2 copies of the nonimmigrant visa application
(DS-156), although no supplemental form
is necessary for K3s, local police checks, birth certificates for each
K3/K4 applicant, local marriage certificate for the principal applicant
and divorce/death certificate terminating any previous marriages, the
standard immigrant visa medical exam minus vaccinations and a valid emigration
passport. K4 applicants must have their own passport issued in their name
or be included in the K4 parent's passport. Applicants must present
evidence of financial support to demonstrate that they will not be public
charges in the U.S. A $100 MRV fee will be
charged per applicant.
 Additional information
describing the required documents are contained in SEO-3.5.
Click on this graphic
for SEO3.5 in Korean 
IV APPOINTMENT
REQUEST ONLY BY FAX OR MAIL more
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We issue multiple entry/2-year validity K3/4 visas, except visa validity
for K4s will be limited to the day before the K4 applicant reaches his/her
twenty-first birthday.
Updated August 11, 2004
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Immigrant visas for the spouse of an American Citizen 
