Source of the information: U.S. Department

Visit the US

A nonimmigrant is a foreign national seeking to enter the United States (U.S.) temporarily for a
specific purpose. Nonimmigrants enter the U.S. for a temporary period of time, and once in the
U.S. are restricted to the activity or reason for which their visa was issued. They may have more
than one type of nonimmigrant visa but are admitted in only one status.

General requirements for foreign nationals seeking temporary admission include, but are not
limited to, the following:

a.. The purpose of the visit must be temporary;
b.. The foreign national must agree to depart at the end of his/her authorized stay or
extension;
c.. The foreign national must be in possession of a valid passport;
d.. A foreign residence must be maintained by the foreign national, in most instances;
e.. The foreign national may be required to show proof of financial support;
f.. The foreign national must be admissable or have obtained a waiver for any ground of
inadmissability;
g.. The foreign national must abide by the terms and conditions of admission.
How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa
Classifications)

Background
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new
nonimmigrant category within the immigration law that allows the spouse or child of a U.S.
citizen to be admitted to the United States in a nonimmigrant category. The admission allows the
spouse or child to complete processing for permanent residence while in the United States. It
also allows those admitted in the new category to have permission for employment while they await
processing of their case to permanent resident status.

Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration to the United States. For
the part of the law concerning K-3/4 nonimmigrants and their process of applying for permanent
residence status, please see INA § 214 (nonimmigrant status); and, § 204 and § 245 (immigration
petition and adjustment of status). The specific eligibility requirements and procedures for
qualifying as a K-3/4, obtaining that status and applying for permanent residence are included in
the Code of Federal Regulations [CFR] at 8 CFR § 214, 204, and 245.

Who is Eligible?

A person may receive a K-3 visa if :

The person has concluded a valid marriage with a citizen of the United States;
The person has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
seeks to enter the United States to await the approval of the petition and subsequent lawful
permanent resident status, and,
has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate
abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country
in which the marriage to the U.S. citizen took place if the United States has a consulate which
issues immigrant visas in that country. If the marriage took place in the United States, the
designated consulate is the one with jurisdiction over the current residence of the alien spouse,
A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried
child of an alien eligible to be a K-3.

How Do I Apply?
So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4
nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse
with the applicable Service Center having jurisdiction over the citizen`s place of residence. The
citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130
has been received by the USCIS. The citizen should then file a copy of this I-797, along with a
Form I-129F on behalf of the alien spouse and any children, to the following address:

U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218


Petitioners should be careful to follow all instructions on each form and provide the Service
with all necessary documentation. Following adjudication of the Form I-129F, the petition will be
forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to
the Department of State for nonimmigrant K-3/K-4 visas.

Will I Get a Work Permit?
Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3
or K-4 are eligible to apply for a work permit while their cases (Form I-130 or Form I-485) are
pending. You should use USCIS Form I-765 (Application for Employment Authorization) to apply for
a work permit. If you are in K-3/K-4 status, you must submit the application by mailing a Form
I-765 along with the $100 application fee to:

U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218


You do not need to apply for a work permit once you adjust to permanent resident status. As a
lawful permanent resident, you should receive a permanent resident card that will prove that you
have a right to live and work in the United States permanently. Please see "How Do I Get a Work
Permit?" for more information.

Can I Travel Outside the United States?
If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa
to travel outside of the United States and return, even if you are applying for adjustment of
status simultaneously.

How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to
provide the USCIS staff with specific information about your application.

Can Anyone Help Me?
If advice is needed, you may contact the USCIS District Office near your home for a list of
community-based, non-profit organizations that may be able to assist you in applying for an
immigration benefit. Please see our USCIS field offices home page for more information on
contacting USCIS offices.