While the K-3 and K-4 visa offers many benefits, there are some other considerations to think about, depending on your personal situation. For example, did you know that even though an immigrant visa is immediately available when a K-3 Petition for Alien Relative reaches the Department of State, but then your spouse’s children are no longer eligible for K-3/K-4 nonimmigrant status? In that situation, the children must immigrate as lawful permanent residents. If the K-4 visa holder does not have an approved Petition for Alien Relative at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC.
It is advisable that the U.S. citizen petitioner file a separate green card petition on the child’s behalf concurrently with the green card petition that is filed for the spouse. While there is no requirement that a separate application needs to be filed…
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JCS U.S. Immigration & Visa Law Office 