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The K-3 and K-4 visas

The purpose of new K-3 visa is to reunite families that have been or could be subject to a long period of separation during the process of immigrating to the United States. Holders of the new K visas will be able to wait in the US for this process to be completed.

The new parts of the K category are intended for use by both a spouse (not fiancee!) of a United States citizen and by the spouse's children.  The nonimmigrant visa for the spouse will be called a K-3 visa and the visa for the spouse’s children will be called a K-4. 

To qualify for the new K nonimmigrant visa (known as the K3 NIV),the applicant for the visa must prove:

1. His/her marriage to a U.S. citizen is valid, and
    
2. He/she is the beneficiary of a petition (I-130) already filed with the US BCIS as the spouse of a U.S. citizen, but which petition has not yet been approved by BCIS, AND
    
3. He/she is also the beneficiary of a special petition filed with and approved by BCIS in the United States, AND
    
4. He/she wishes to enter the United States to await the approval of the I-130 petition by BCIS or the availability of an immigrant visa.

All four qualifications must be met before overseas processing of the request for the K visa can begin.