The K-4 Visa is appropriate for:
- Unmarried children of K-3 spouse visa applicants/holders seeking to come to the United States for the purpose of adjusting status to that of a U.S. permanent resident who are below the age of 21
Last updated: Feb. 05, 2010
K-4 Visa - Frequently Asked Questions
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1. I have applied for or have been issued a K-3 visa, is my child also eligible for a visa?
Yes, if your child is unmarried and under the age of 21, the child may be eligible for a K-4 derivative visa.
No. Your child does not need a separate application since the child will be listed on your K-3 application.
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3. Must my U.S. citizen spouse file an I-130 for my child before applying for a visa for my child?
No. While your U.S. citizen spouse must file a petition on your behalf as a prerequisite to filing for the K-3 spouse visa, the U.S. citizen does not need to file an I-130 for your child before the child is eligible for a K-4 visa. This is because the K-4 visa is a “derivative” classification, meaning the child derives her status from your K-3 status.
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4. Will my child be able to adjust status once she enters the U.S. on a K-4 visa?
Yes. In order to adjust status to permanent resident, your U.S. citizen spouse will need to file an I-130 for the K-4 child. Alternatively, the K-3 holder could file an I-130 for the child after that parent becomes a lawful permanent resident, although this would lengthen the process of adjusting status.
The K-4 visa is valid for a period of two years. However, validity of the K-4 will terminate one day before the child’s 21st birthday even if it has not been two years since the visa was issued.
No. One of the requirements of the K-4 visa is that the parent be a K-3 visa holder. If you are no longer in K-3 status, the child loses her K-4 derivative status and she will begin to accrue unlawful presence in the U.S.
The K-4 visa allows holders to apply for work authorization while the immigrant petition is pending.
Yes. As with the K-3, the K-4 visa is a multiple entry visa that allows you to leave the U.S. for short trips abroad then U.S.
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9. I did not list my child on my K-3 petition, will my child still be eligible for a K-4 visa?
Yes, your child is still eligible for a K-4 visa even if her name is not listed your K-3 visa petition. However, you will still need to establish that your child meets the qualifications for the K-4 visa.
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10. How long will it take to process my K-3 spouse visa petition?
Because K-3 spouse visas are processed at your local consular post, processing times vary. However, missing information and errors on the application form could result in lengthy delays in the processing of your visa application.
Last updated: Feb. 05, 2010
Eligibility Requirements for the K-4 Visa
Your child may qualify for K-4 Visa if the child meets the following requirements:
- is an unmarried child of a qualified K-3 spouse visa applicant;
- is under the age of 21 years (adjustment to permanent resident status must also be completed before the child turns 21).
Last updated: Feb. 05, 2010
Accurate and Persuasive Case Preparation
Submitting an immigration case is not simply a matter of filling out the correct government forms. At PowerVisa we don't simply prepare and file forms, we prepare and file your individual and unique case. Your case is unique and deserves to be presented to the government with all its strengths, not just as another set of forms. We prepare and file each client's case with the personal attention it deserves. We think outside the box and prepare each client's case as a comprehensive filing package, highlighting the unique strengths of each case. We guarantee the accuracy of our filings and guarantee that your case will never be rejected for improper or incomplete filing.
Making Your Case - Supporting Document Guidance
The strength of your case not only requires persuasive and accurate forms,it also requires presenting your supporting documents in the strongest light. We provide all PowerVisa Clients with a comprehensive Supporting Document Checklist, listing all required and supporting documents needed for filing your case. We provide individual guidance on how to identify and locate hard-to-find persuasive documents, and suggestions on selecting the strongest documents as evidence. We also provide clients with a secure online account for uploading and submitting required documents in digital format.
Department of State Forms Preparation
For our consular processing clients, we prepare and submit up-to-date versions of all required Department of State forms, in accordance with State-prescribed format and the highest professional standards.
Communications with the USCIS
As your attorney of record, we conduct all necessary phone, email and fax communications with the USCIS on your behalf.
Communications with State Department
For our consular processing clients, we conduct all necessary phone, email and fax communications with the National Visa Center, and the U.S. Consulate and Embassy abroad.
Visa Interview Guidance
For our consular processing clients, we provide detailed guidance on how to properly prepare for and conduct the visa interview at the U.S. Consulate abroad, including guidance on what to say, and what not to say, where to go, when to appear, etc. We also provide a list of sample interview questions that the examining consular officer is likely to ask during the visa interview.
Client Updates
We keep clients informed of their case status at all times. We promptly provide clients with courier service tracking numbers and USCIS receipt numbers, including links for monitoring delivery status and case progress online.
Attorney Communications
Our clients enjoy direct email and telephone access to their attorney, during regular office hours, throughout the duration of their case. Clients can expect all emails and phone calls to be returned promptly.
Expediting Your Case
We prepare and submit your case within a maximum of five business days from receiving all requested information and documentation from you. Once submitted, we make all reasonable efforts to see that your case is processed within the shortest time frame possible. If there is a way to speed the process up for you, we will get it done.
Approvability and Risk Assessment
We thoroughly review and evaluate the merits of each case to determine the client’s preliminary eligibility for the benefits sought. If we determine that a client’s case may have trouble being approved, we work with the client to determine an appropriate strategy for overcoming any red flags or issues of approvability prior to filing. If there is a high risk of denial, we will let the client know and proceed with filing only after informed consent.
CLIENT TESTIMONIALS
(published with permission)
“Our attorney was an extremely reliable person who fulfilled his commitments. In our working with him, we had great confidence in his abilities, he communicated well, made himself available to us, and is also a very friendly and pleasant person to deal with. He proved a very knowledgeable, skillful, and effective attorney. The online systems in place at Powervisa made it really easy to exchange information and view the status of our case. ”
- Rose Taylor, Vice President, Marpa Foundation, San Francisco, California, U.S.A.
“Working with PowerVisa has been a great and pleasant experience. Our attorney was not only knowledgeable but also working very hard and kind to us. Throughout the immigration visa application process I always know that we are in good and capable hands. ”
- James Yao, Director of Corporate Real Estate, Los Angeles, CA, U.S.A.
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“Excellent! Our attorney was Theodore. He guided us through all the steps. He gave us advice and was always there for us. He exceeded our expectations, going above and beyond what was required.”
- Anonymous Client, Miami, Florida
“My PowerVisa attorney was very well prepared when helping me through my process. He was a very smart attentive lawyer.”
- Carlos Alvarado, Longmont, Colorado
“Our attorney was very professional, courteous and detail-oriented through the whole process. All of my queries were answered in a timely fashion and I was always made aware of any trap doors far in advance, which led to a successful conclusion of my visa request. I would highly recommend this service for anyone seeking immigration help.”
- Anonymous Client, U.S.A.
“Excellent! Great advice, good support, excellent organization. ”
- Anonymous Client, Colorado, U.S.A.
“PowerVisa was always available for me whenever I had questions. It was comforting to know that I could reach my attorney anytime of day. I even got a call returned on a weekend when my attorney was skiing! ”
- Logan Bennet, Avon, Colorado, U.S.A.
“Our PowerVisa attorney was very patient and informative. He answered all of our questions in a direct and simple manner. ”
- Sue Pico, Arkansas, U.S.A.
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