K-4 Visa for Dependent Children (Spouse)

If your children want to follow you in the U.S., they must meet the following requirements:

• They must be unmarried;
• They must be under the age of 21;
• In the case of stepchildren, the relation with you must be created before they reach the ages of 18.

It is worth noting that the K4 visa status applies only to children of married couples. If you and your partner are not married, you must follow the K2 visa process for dependents of foreign fiancé(e)s.

Your eligible children can apply for K-4 visas as long as their details are filed under your Form I-129. You must submit separate visa requests for each one of your children. Your lawyer can help you file this form to build a comprehensive portfolio to support your application.

All your children holding a K-4 visa must enter the U.S. before or at the same time as you do. However, upon their entry in the U.S., they cannot be included on your Form I-485 to register for permanent residence. If they want to adjust their status application to a different immigrant visa, they must fill out a separate form.

Every child holding a K-4 visa is allowed to study in the U.S. without waiting for the issuance of an immigrant visa. However, to be also granted permission to work, your child needs to file the I/756 Application for Employment Authorization.

There are no travel restrictions on a K-4 visa, but your children cannot enter the country for the first time before you do.

The K-4 visa will automatically expire when your child turns 21 or 30 days after he or she gets married. This status and its benefit will terminate after 30 days if the parents file for divorce.

A K-4 Visa will be released for your eligible children at the same time as you are granted your K-3 Spouse Visa. Thus, the K4 Visa processing time is based on several steps.

• You need to file the names of your eligible children in your Form I-129;
• When the USCIS confirm that they have received the application, you can fill out an I-130F;
• Every child over the age of 14 will be asked to attend the US Embassy interview with their mother. Children under the age of 14 are not normally required to attend.

If the USCIS approves the I-130F before or at the same time as I-129F, your children cannot apply for a K-4 Visa. They must directly adjust their status as permanent residents.

If they meet the requirements, your children will get a K-4 visa. They can stay in the U.S. with you while other immigrant visa petitions are pending approval.

This nonimmigrant dependent status is granted for up to two years, or until the day before they turn 21, in case it is shorter.

Your partner and your children must file the Form I-539 at least 120 days before the expiration of their authorized stay. Any extension of K-4 status must be filed coincidently with your K3 visa renewal, and it is only granted in 2 years intervals. However, the Department of Homeland Security (DHS) can let your children stay until the day before they turn 21 if this is shorter.

While under their K-4 status, your children cannot apply to adjust their condition to any other non-immigrant visa. They may still seek permanent residence, or request to change to a different immigrant permit.