What Are The K-3 and K-4 Visas?

The K-3 & K-4 visas are unique ways to come into the U.S. to get a Green Card. They are rarely a truly available option.

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   • What Are The K-3 and K-4 Visas?  

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[Question] "What is a K-3 and a K-4?" So it's something that doesn't get
used at all really, but what happens is sometimes spouses
of U.S. Citizen cases or children of U.S. Citizen cases
take a long time, over a year,
for example, to have the initial I-130 petition to prove that
the relationship is real to get approved.
And so they created the K-3 which is for the spouse of
a U.S. citizen and a K-4, child of a U.S. Citizen case to
expedite that and make it faster.
But because the basic time in the normal case is fast enough,
every year, it's probably only like 10 K-3 Visas issued.
So it's not a realistic thing to submit to get, there might
be some strategies and tactics involved with that.
But that's what it is.
Once you submit Form I-130, Petition for Alien Relative to
start the Green Card process if you're a
U.S. Citizen for your spouse,
then you can submit the K-3
I-129F petition. And you have 2 petitions pending at
the same time.
If the K-3 one is approved first, then you could go to the
Embassy sooner and get a Visa for that foreign person to come
here and then apply for the Green Card in the United States.
But if the I-130 is approved first, they go and do the interview
at the Embassy. And if they get approved, come with the Green
Card. I personally think it's better to just come in the
United States with the Green Card.
So it's like strategically, in many cases, not all cases,
but it's not worth the cost and hindrances and annoyance of getting
a K-3, come to the United States, then applying for the Green Card,
because it just delays how long it'll take to get the Green
Card. Whereas if you file the I-130, no K-3,
when you do the Embassy interview and you enter the United States, you
should get a Green Card in the mail within a few weeks and
you're done with it.
But with the K-3 it's going to linger and linger and linger and
that's why I...unless a client forces me,
every year I'll do a couple,
because the client wants me to, but it's
not something I really put out there because I don't think,
in most cases,
it's not a wise strategic decision. Thank you for watching.
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