K-1, K-3 And K-4 Visas

K-1 visas, also known as fiancé(e) visas, have strict requirements. On top of filing a petition, you and your fiancé will have to attend a scheduled interview with a Consular officer. The interview process can be quite intense and will require a considerable amount of preparation in terms of documentary evidence. If you live legally in the San Francisco Bay Area and are ready to bring your fiancé(e) to live with you, call The Law Offices of Derek Lim in Fremont. Attorney Lim has helped many families through the long and complex immigration process involving K visas.

If you would like to learn more about K-1 visas, please visit our page on Fiancé(e) visas for more information.

U.S. Citizenship and Immigration Services (USCIS) makes it possible for people living legally in the United States to shorten the length of family separation by obtaining nonimmigrant K-3 visas for spouses and K-4 visas for children. To obtain a K-3 visa for your spouse, you need to submit forms I-130 and I-129. To obtain a K-4 visa for your spouse’s children, you only need to list them on your spouse’s I-129 form. Eligibility requirements are very simple, the child receiving the K-4 visa must be the child of the K-3 applicant, unmarried, and under 21 years of age. Upon receiving the K visa, you will be required to apply for an adjustment of status as a permanent resident, through the Department of Homeland Security or the DHS.

Children of parents who hold valid K-3 visas may remain in the U.S. for two years on their K-4 visas but may reapply for an extension using Form I-539 every two years, as long as their parents remain legally in the U.S. This must be done four months or 120 days before the expiration of the visa. At 21 years old or upon the divorce of the K-3 parent, K-4 visas may not be extended. Extensions for K-4 visas must be filed at the same time the K-3 parent reapplies for an extension. The K-3 parent must also file a Form I-130 Petition for Alien Relative on the child’s behalf.

For assistance with all of your complicated family immigration legal needs in the Bay Area, talk to attorney Derek Lim in Fremont, California. Mr. Lim works with immigrants of any nationality, with a special emphasis on immigrant communities from Asia. We understand how difficult and cumbersome the entire ordeal can be, especially during our current political climate. Our Fremont and San Francisco immigration lawyers can help you get through this journey.

Call us at 510-818-0898 or contact us online to arrange an initial consultation with family immigration lawyer Derek Lim and our other immigration attorneys serving in Fremont and San Francisco today.