If you are a U.S. citizen and had filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130.
Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.
Eligibility
If you are a U.S. citizen, your foreign spouse may be eligible for a K-3 visa if he or she:
- Is married to you;
- Is the beneficiary of a Form I-130, Petition for Alien Relative that you filed for him or her; and
- 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:
- Under 21 years of age;
- Unmarried; and
- The child of the K-3 visa applicant you filed for.