![]() ![]() You may apply for a Green Card at any time (even while the Form I-130 is pending) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. K-3 and K-4 visa holders must have an approved Form I-130 to be eligible for a Green Card to become a lawful permanent resident. USCIS grants extensions of stay for K-3 and K-4 visa holders in 2-year increments. If you have a K-4 visa, you must file your extension application together with your parent’s K-3 status extension application. Good cause why you did not file a Form I-485 or immigrant visa application after USCIS approved the Form I-130 filed for you. That a Form I-130, a Form I-485, or an immigrant visa application is still pending or To be eligible for an extension of stay, you must show either: If you have either a K-3 or K-4 visa, you may submit a Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS in the 120 days before your authorized stay expires. You generally cannot change your status in the United States to another nonimmigrant visa category. Your status will expire when you turn 21 years old. If you are granted a K-4 visa, DHS will admit you for a 2-year period or until the day before your 21st birthday, whichever is shorter. You generally cannot change your status in the U.S. If you are granted a K-3 visa, the Department of Homeland Security (DHS) will admit you for a 2-year period. Period of Admission and Extensions of Stay For more information on the visa application process, please see the Department of State’s Nonimmigrant Visa for a Spouse (K-3) webpage. Your spouse does not need to submit Form I-864, Affidavit of Support when applying for the K-3 or K-4 visa but will need to provide evidence showing that he or she will not become a public charge while in the United States. To receive a K-3 or K-4 visa, your spouse must submit a nonimmigrant visa application with the Department of State. If your Form I-129F petition is approved before your Form I-130, USCIS will send your petition to the Department of State. Your spouse and his or her children then must apply for immigrant visas and seek admission to the United States as lawful permanent residents.īecause K-3 and K-4 nonimmigrant visas are no longer available to your spouse and his or her children at this point, the K-4 child will not be able to immigrate with your spouse unless the child has an approved Form I-130 at the Department of State at that time. ![]() When your spouse’s approved Form I-130 reaches the Department of State, an immigrant visa is immediately available to him or her. This occurs in the vast majority of cases. If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. If USCIS Approves Form I-130 First or at the Same Time as the Form I-129F In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married. Please note, however, that you must file a separate Form I-130 for your spouse’s children before they may apply for a Green Card. You must list your spouse’s children on the Form I-129F you filed for your spouse. To obtain a K-4 visa for your spouse’s children, you do not need to file a separate Form I-129F or Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. ![]() You may file Form I-129F together with or after filing Form I-130. To find the correct address, go to the “Where to File” section on the Form I-129F page.
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