K-3 Marraige

The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse of a U.S. citizen to be admitted to the United States in a nonimmigrant category.  The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.


The foreign spouse’s unmarried children under the age of twenty-one can be included in the parent’s petition and receive K4 visas with the same privileges as the parents K3 visa.  However, if a child is 18 years of age or older at the time of marriage then, although the child can receive a K4 visa and enter the U.S., that child cannot obtain a green card and become a U.S. immigrant.  The child’s K4 will simply expire after two years or when the child reaches the age of 21, whichever occurs first.

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