Immigration & Criminal Defense Attorneys


Nonimmigrant Visas for Your Spouse’s Children

The Salt Lake City immigration lawyers at Keen Law Offices, LLC have a long track record of successfully assisting clients with highly involved and complex immigration legal issues. We understand how important it is for you to be able to bring your loved ones to this country, and we recognize that attempting to deal with the immigration legal system can be a frustrating and confusing proposition. If you have married a foreign national and want to assist him or her with immigrating to the United States along with his or her children, we may be able to help you by guiding you through the process of applying for a K-4 nonimmigrant visa.

As a United States citizen, you have the power to sponsor your spouse’s children in a family-based immigration petition, such as if you have adopted the children and want to help them apply for an IR-2 visa. The wait times for processing of such petitions, however, can be considerable. Rather than making you wait several months or even longer before being able to bring the children to the United States, the Immigration and Nationality Act provides the K-4 visa to enable the children to enter and remain in the U.S. while awaiting the approval of an immigrant visa petition.

More About K-4 Visa Requirements

The child holding a K-4 visa may either enter the U.S. at the same time as the K-3 visa holder or subsequently. If he or she follows the parent, however, it is necessary to enter within one year before the visa expires. You do not have to file a separate petition for the children, but you must include their names on the petition for your spouse. To qualify for a K-4 visa, the children must be unmarried and under the age of 21 years, though there are possible exceptions to the age requirement under the Child Status Protection Act of 2002. As soon as the sponsorship petition has been approved, the K-4 holder may then apply with U.S. Citizenship and Immigration Services for an adjustment of status to lawful permanent resident. Learn more about the process and take the first steps now by contacting our office for an initial consultation.