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• Love and Marriage and Migrating to the U.S.
• Required Documents for Visa Applications
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Entering the United States with the K3/K4 Visa

 

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13.1)... I am coming in on a K3. What happens when we get off the plane?
13.2)... How long is my K3/K4 status good for?
13.3)... Do I have work authorization based on my K3 status, before applying for Adjustment of Status?
13.4)... Does anybody know what the requirements are on obtaining a social security number with a k3 visa?
13.5)... My child did not move with me to the United States, but now he wants to move here. He was listed on the I-129F petition. Can he still get a K4 visa?
13.6)... I just arrived in the United States as a K3, but if I have an emergency and need to return to my home country, can I return to the United States with no problems using my K3 visa?

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Section 13.0...Entering the United States with the K3/K4 Visa

K4/K4 and the K1/K2.

The actual entry procedures will be nearly identical for the K3/K4 as with a K1/K2. Like the K1/K2, you will be entering the U.S. on a visa, and you need to fill out the "white" form, with the I-94 arrival-departure card attached. You will need to make sure you have plenty of time if you making a connecting flight.

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13.1)...I am coming in on a K3. What happens when we get off the plane?

A..You will queue up with all the others going thru Immigration. You might be directed to a waiting area until the other passengers are gone. Your sealed envelope will be opened, your passport will be stamped, you will have the I-94 arrival-departure card put in it. The officer may ask a few questions, and may say "Welcome to the United States". You leave the Immigration area, you will go to the baggage area to get your stuff, and then proceed thru Customs.

Altho your actual processing may not take long, if you must make a connecting flight then you better allow plenty of time, maybe as long as 3 or 4 hours at a major airport where the queues may be long, and the distance between terminals even longer.

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13.2)...How long is my K3/K4 status good for?

A..Your status as a K3 is good for two years after entry into the United States. Your status will end sooner if your marriage ends, or if you are adjusted to Permanent Resident. A K4 status is good for two years, unless they turn 21, get married, or when their K3 parent becomes adjusted to Permanent Resident.

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13.3)...Do I have work authorization based on my K3 status, before applying for Adjustment of Status?

A..Yes. A K3/K4 is authorized to work based on their status, same as a K1/K2. There is a difference in actually *obtaining* the work authorization document, based on being a K3/K4. The only specific method outlined by BCIS (INS) thus far is to fill out the I-765 request for work authorization application and send it, with the fee, to the Chicago address used for the K3/K4 I-129F petition. You will apply as category (a)(9), K3 non-immigrant spouse. You will need to wait until you actually receive the EAD before legally obtaining employment. And you will also need a Social Security number.

 

You only other option for getting an EAD is by applying for work authorization when applying for Adjustment of Status. Many local offices will allow filing the AOS package in person, and an EAD can be issued the same day. If you apply for an EAD when submitting the I-485 Adjustment of Status Application, you will apply for the EAD as category (c)(9), "adjustment applicant".

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13.4)...Does anybody know what the requirements are on obtaining a social security number with a k3 visa? I tried to get one for my wife and the Social Security Admininstation told me she needs to get authorization to work first. I've heard stories that k type visa aren't requred to get authorization to work??

A..It is very possible that the Social Security Administration will amend their procedures and allow a K3 to obtain a SSN by simply showing proof of their status as a K3, similar to what the SSA does for the K1. Until the SSA indicates by word or action that this is what they will do, the K3/K4 will need to obtain an EAD prior to obtaining a SSN.

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13.5)...My child did not move with me to the United States, but now he wants to move here. He was listed on the I-129F petition. Can he still get a K4 visa?

A..There is nothing in the information thus far provided by BCIS (INS) or the State Department regarding this. It seems logical that a young person may apply for the K4 visa up till one year after the K3 is admitted to the US, same as the K1/K2. However, logic may not prevail in the face of real life. Once the K3 has adjusted to Permanent Resident, they no longer have K3 status, and since the K4 is a "derivative beneficiary" of the K3, the young person would no longer be eligible for a K4 visa. Since AOS can happen very quickly, one should assume at this time that no opportunity will be available to apply for a K4 visa after the issuance of the K3. Those K3 folks with potentially eligible children "remaining behind" may want to carefully consider the timing of their AOS application.

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13.6)...I just arrived in the United States as a K3, but if I have an emergency and need to return to my home country, can I return to the United States with no problems using my K3 visa?

A..Yes. A K3/K4 is a multiple entry visa, and you may leave the United States and return using the same visa, even if you have applied for Adjustment of Status. Unlike a K1/K2, the K3/K4 does not need to obtain an "advance parole" document to reenter the United States, and applying for Adjustment of Status does not terminate the K3/K4 status.

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Updated February 22, 2006

Quick Links to each chapter:

 

• Introduction / References and Links
  
• The K1/K2 Process General Outline
  
• The I-129F Petition completed by the US Citizen
  
• The K1 Application Process completed by the Fiance(e)
  
• Entering the United States
  
• After Marriage - Adjustment of Status
  
• Lifting of Conditional Status
  
• Naturalization
  
• The K3/K4 Process General Outline
  
• The I-130 Petition (for K3/K4)
  
• The I-129F Petition (for K3/K4)
  
• The K3/K4 Application (at the Consulate)
  
• Entering the United States with the K3/K4 Visa
  
• Adjustment of Status from K3/K4
  
• Related Issues

Appendix...(Definitions of terms, form numbers, abbreviations)

Additional assistance is available at www.visaking.com or www.olvis.com.

 

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