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K-3/K-4 Visa Processing
The purpose of the new K 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 K3/K4 visas will be able to wait in the US for this process to be completed.
The new K3 and K4 nonimmigrant visas allow spouses of U.S. citizens and the children of those spouses who are under 21 years of age and unmarried to enter the U.S. while their permanent visa petition is pending.
Only spouses of U.S. citizens and their children are eligible for the new K3 or K4 nonimmigrant classification. Other relatives of U.S. citizens, as well as any relatives of lawful permanent residents, are not eligible.
There are three requirements for an alien to obtain this nonimmigrant classification:
The alien must already be married to a U.S. citizen who has filed a relative visa petition (Form I-130) on the alien"s behalf for purposes of an immigrant visa. An I-130 for Ukrainian beneficiaries may be filed with USCIS in the U.S. or at U.S. Consular Sections in Ukraine. The same U.S. citizen spouse must petition on that alien's behalf to obtain a nonimmigrant "K3" visa (Form I-129F). The I-129F must be filed with USCIS in the U.S. only. For further information on filing an I-129F for K3 or K4 status, please contact
Missouri Service Center (MSC)
U.S. USCIS
P.O. Box 7216
Chicago, IL 60680-7216
Customer Service Telephone: (800) 375-5282
The information is also available through the USCIS website at: http://www.uscis.gov.
The alien must be seeking to enter the U.S. to wait for an immigrant visa.
Once the current I-129F is approved, USCIS will notify the American consulate abroad specified on the petition. If the marriage took place abroad, the USCIS will notify the consulate in the country where the marriage took place.
Applicants for K3 and K4 visas must apply for those visas in the country where the marriage to the US citizen took place.
Exceptions:
If the marriage took place in the U.S., then the visa application must take place abroad in the country where the visa applicant resides. If the marriage took place in a country where there is no U.S. Consular Section providing nonimmigrant visa services, then the application for a visa shall take place in the country designated by the Department of State for immigrant visa processing for residents of the country where the wedding took place.
For Ukrainian citizens who married American citizens either in the U.S. or in Ukraine, the appropriate consulate to apply for K3/K4 visas would be the American Consulate in Kiev, Ukraine.
Applicants for K3 and K4 visas should not schedule an interview appointment before receiving the Information packet from the Consular Section with the instruction to contact the call center and schedule the formal visa interview. The Consular Section will only send this packet upon the receipt of the approved I-129F petition from USCIS. Our experience shows that it may take from 2 to 12 months to have this petition approved.
Before notifying the call center that the applicant has obtained all the documents listed in the Information packet, every Ukrainian national must have an international passport valid for at least 6 months at the time of entering the U.S.
During an interview each applicant is required to present the completed and signed form KEV-1 and the original documents together with their photocopies. We do not require the original financial support documents. Petitioners can fax or e-mail them to the beneficiaries. Any document in a foreign language should be accompanied by a notarized/certified English translation. After the interview all originals except the police certificates are returned to the applicant.
When K3 visa applicant has collected all the documents specified in the Information packet, he or she should contact the call center over the phone (044-207-70-71) and schedule the appointment for the formal visa interview. The completed and signed form KEV-1 from the Information packet should be presented at the interview certifying that all required documents have been obtained.
If calling from the United States on behalf of relatives in Ukraine, the telephone number is 1-888-889-3780.
The Embassy will ONLY send out the Information packet to the beneficiary containing the application forms. After the interview has been scheduled by the call center NO written notification about scheduling an appointment for a visa interview will be sent either to the petitioner or the beneficiary. The date of the appointment also will not be confirmed by the Immigrant Visa Unit of the Consular Section over the telephone. Those applicants who wish to confirm their date of the appointments as well as re-schedule them should contact the call center.
The Information packet contains information on the documentation you must provide at the time of the interview. The medical exams must be performed only by the physician identified in the packet. K3 and K4visa applicants are not required to submit proof of vaccinations or to undergo any vaccinations until they adjust status with the USCIS. Therefore applicants may wish to consider carrying their vaccination records with them to the United States to facilitate this process.
We also send out the Information packet (the former Packets 3 and 4) to the attorneys of record. The basic information contained in the packet can be downloaded here.
The alien beneficiary may appear at the Consular Section only when the appointment date is set by the call center. Please note that if the applicant has been qualified for getting the visa at the time of the interview, the passport will be sent back to the applicant through the courier service within 10 business days. Therefore it is strongly recommended that you not make non-refundable flight arrangements or other travel plans until you have your visa in hand.
Aliens who enter the U.S. with a valid nonimmigrant K3 visa will be admitted for a period of 2 years. A minor child entering the U.S. with a valid nonimmigrant K4 visa will be admitted for a period of 2 years or until the day before the alien"s 21st birthday, whichever is shorter. Following the 2-year admission period, a K3 and K4 nonimmigrant may apply with the Service for an extension of stay using Form I-539. Extensions of Stay are issued in 2-year increments. Once the pending immigrant petition is approved, the individuals in the U.S. on the K3/K4 visas may adjust their status to conditional permanent residency.
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