A K-4 visa is a non-immigrant visa that permits the children of K-3 non-immigrant visa holders (foreign spouses of U.S citizens or lawful permanent residents) to enter the U.S. pending approval of their immigrant visas. K-4 visa holders may not be (1) married, or (2) 21 years old or older.
Below our Las Vegas immigration attorneys answer frequently-asked-questions about “non-immigrant visas for children of foreign spouses” in Nevada, including application processes, interviews, time frames and fees. Click on a topic to go to that section.
- 1. Am I eligible for a K-4 visa?
- 2. How do I get a K-4 visa in Las Vegas, NV?
- 3. How long does it take to get a K-4 visa?
- 4. How much does it cost to get a K-4 visa?
Eligible K-4 visa applicants may not have any previous U.S. immigration violations. In addition, they must be:
- Less than 21 years old,
- The child of a K-3 Nevada non-immigrant visa applicant, and
- Seeking to immigrate to the U.S
Otherwise, children of foreign spouses can explore other avenues of traveling to the United States including student visas, humanitarian parole, or the visa waiver program. Note that children of foreign spouses are ineligible for K-4 visas if their K-3 parent was refused an immigrant visa.
The sponsoring spouse (the husband or wife of the K-4 visa applicant’s parent) must be a U.S. citizen or green card holder. He/she then files a Form I-130 (Petition for Alien Relative) with the United States Citizenship and Immigration Services (USCIS), followed by a Form I-129F for the foreign spouse.
After the National Visa Center (NVC) processes the I-129F petition, the applicant’s local U.S. embassy or consulate will send the visa applicant instructions on how to apply for the K-4 (and K-3) visa. The foreign spouse will be required to get a medical exam and attend a visa interview for living in Nevada. The foreign spouse is mandated to bring various documents to the interview, including (but not limited to):
- A completed DS-160 Form
- Two passport photos
- Relevant civil documents such as birth, death, and divorce certificates
- Medical reports
- Criminal history reports
Once the foreign spouse and children are issued their visas, they can go to a U.S. port-of-entry (for people flying into Las Vegas, the port of entry is McCarran International Airport). At the point-of-entry, U.S. Customs and Border Protection (CBP) will conduct its own review of the visa holders and ultimately decide whether to allow them into the country. Once a K-4 visa holder is in the U.S., he/she may:
- Live in the U.S. with his/her family pending the immigrant visa petition
- Apply for a work permit via Form I-765 and hold down a job
- Take short international trips
- Go to school
Read more about the procedures of getting a K-4 visa. And read about how visas may pave the way to obtaining lawful permanent residence (a green card) and applying for U.S. citizenship. Note that if the sponsoring spouse has to get fingerprinted, Nevada maintains two immigration offices that offer fingerprinting services: The Las Vegas Immigration Office, and the Reno Immigration Office.
The entire K-4 visa process takes five to eight months. A K-4 visa is good for two years, or until the child turns 21, whichever is shorter.
$535, though there may be additional costs for a medical exam and fingerprinting (if necessary).
Call a Nevada immigration attorney…
If you or a loved one is seeking to travel with children to Nevada on a K-3 spousal non-immigrant visa and a K-4 “child of spouse” non-immigrant visa, call our Las Vegas immigration attorneys for a consultation.
For different options for traveling or immigrating to the United States, refer to our article on Nevada visa laws.
See our article on K-4 visas in California.