The K-4 requirements are:

a) The applicant must be the unmarried child under 21 of a person who qualifies for the K-3. The K-4 child can be listed on the same I-129F as the K-3 spouse.

b) After arrival in the U.S., the I-130 must be filed for the K-4 child, usually together with an I-485 application. (Note that if the K-4 is the stepchild of the USC, the USC cannot file the I-130 petition unless the couple married before the child's 18^th birthday. In such case, the K-3 parent will have to file for the child, who will be subject to the long waiting list for relatives of permanent residents. In the meantime, there may also be a status problem and the child may have to wait abroad.)

Application Process  The I-129F petition is filed with the new INS Missouri Service Center, which, upon approval forwards the petition to the National Visa Center (NVC). NVC notifies the consulate by eMail, sending a scanned version of the I-129F. The consulate will then send a letter to the K-3/K-4 applicants with instructions regarding the medical exam, a list of documents needed, and instructions for notifying the consulate that all needed documents have been gathered. Not all applicants necessarily need to be interviewed. Consulates have discretion to require an interview or not.

The K-3/K-4 visa is issued as a nonimmigrant visa, similar to the K-1. In addition, a packet of documents is given to the K-3/K-4 visa holder, to be presented to the INS Inspector at the Port of Entry.

Required Documents  The applicant needs two copies of the DS-156 (formerly known as the OF-156) visa application form, police certificates (as applicable when required for the particular country), birth certificates for both K-3s and K-4s, and marriage certificate for K-3s as well as proof of termination of prior marriage/s, if any. Both K-3s and K-4s also need the medical exam, but the vaccination requirement does not apply. Each applicant also needs a valid passport. For the minor child, it could either be a passport in his/her own name, or s/he could be included in the parent's passport.

The I-864 Affidavit of Support is not needed for the K-3 or K-4 visa, but will be needed when the person later applies to adjust status to permanent resident. Some proof of financial support is needed for the K-3/K-4 visa, however. The consulate has the discretion to determine the types of documents acceptable for this purpose.

The fee for the visa is $45, i.e. the standard visa fee. There is no additional "reciprocity fee."

Processing Location  Consular processing for the K-3 visa will take place in the country where the couple got married. Even though the K-3 is technically a nonimmigrant visa, it is similar to an immigrant visa in that its purpose is to allow spouses to join and settle in the U.S. The process at the consulate is similar to that used for an immigrant visa (IV), which also includes a medical exam. Therefore, the processing is generally at a consulate that also handles IVs. However, not all countries have a consulate that processes IVs. The requirement that the K-3 visa be processed in the same country where the marriage took place means that many consulates unaccustomed to handling IV cases will have to develop new procedures for K-3s. For example, they need to arrange with a physician in the area to conduct the required medical exams.

Three- and Ten-Year Bars  Unlike V visa applicants, K-3s and K-4s can be subject to the 3- or 10-year bar if they have overstayed in the U.S. If needed, it is possible to apply for a waiver, though the waiver is often difficult to obtain. If the K-3/K-4 visa applicant intends to depart the U.S. after overstaying, it is best to consult with an attorney to determine whether these bars would apply to the person on re-entry.

For further information on rights and responsibilities of K-3 and K-4 visa holders after entering the U.S., and procedures for completing the green card process, kindly refer to the article cited above.