• The alien must be married to a U.S. citizen who has filed an I-130 petition for an immigrant visa (IR1) on behalf of the alien.
• The U.S. citizen petitioner must also file a second petition, the I-129F, with BCIS for a non-immigrant visa (K3) on behalf of the alien spouse. The I-129F must be filed in the United States. This second petition must be approved by BCIS before the alien can begin K3 visa processing overseas. The K3 visa must be issued in the country where the marriage took place, if the marriage occurred outside of the United States
• The alien must be seeking to enter the United States to await "the availability of an immigrant visa." While visa numbers are of course not limited for spouses of U.S. citizens, the BCIS rule requires an alien who enters the U.S. as a K3 to continue to pursue the immigration process by having an I-130 petition or an adjustment of status pending approval by BCIS. To ensure that K3s are actively pursuing immigration, BCIS will grant only a two-year admission period when the K3 enters the United States. Similarly, work authorization will be granted in two-year increments.

Requirements for K4 Classification

To qualify for K4 issuance, an applicant must be

• Child of a qualified K3 applicant.
• Unmarried
• Under 21 years of age

Note: U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of that spouse. These children are to be listed on the I-129F petition for the spouse.

U.S. citizen petitioners must file an I-129F petition with BCIS to initiate overseas processing of a K3. The I-129F is the same petition that is used to file for fiance visas. Petitioners should be directed to BCIS for further information on filing an I-129F for K3 status.

As is the case for fiance visa petitions, the I-129F must be approved by BCIS in the United States. Neither consular officers nor BCIS offices overseas are delegated the authority to approve these petitions.

Only spouses of U.S. citizens may be issued a K3. Only minor, unmarried children of a K3 are eligible for a K4.