With the passage of the LIFE Legalization (Legal Immigration Family Equity) Act in Dec. 2000, came the creation of several new immigration benefits aimed at uniting families; in addition to legalizing many foreigners living in the U.S., the Act also created a new category of nonimmigrant visas specifically for the spouses and children of U.S. citizens:  the K-3 and K-4, respectively. These new visa categories allow admission as a nonimmigrant in order to complete processing for permanent residence while in the U.S.

A K-3 visa applicant must have a valid marriage to a U.S. citizen, be the beneficiary of a pending I-130 immediate relative petition, and seek entry to the U.S. to await approval of that petition and complete adjustment of status. The U.S. citizen (USC) spouse begins the process by filing USCIS' Form I-130. The USC spouse then files an I-129F petition together with the USCIS-issued I-130 Receipt Notice. Approval of the I-129F petition is then forwarded to the National Visa Center and the appropriate overseas American consulate. An I-129F approval is valid for four (4) months although a consular officer may revalidate the petition for an additional four months, should it expire.

If the qualifying marriage took place in the U.S., the designated consulate for issuance of the K-3 visa will be the one with jurisdiction over the non-citizen spouse's current residence. If the marriage was overseas, then the issuing consulate must be in the country where the couple married, if the U.S. has a consular office that issues immigrant visas in that country.

Children of K-3 visa eligible applicants may accompany on the K-4 visa if named in the parent's petition. To be eligible, K-4 children must be under 21 years of age and unmarried. K-4 status is dependent upon the parent's K-3 status and ends upon the termination or revocation of the parent's underlying K-3 visa or I-130 petition.

K-3 visa benefits include a generally shorter waiting period compared to marriage-based immigrant visa petitions; petitions usually take four to six months for USCIS, and another two to three months, for the National Visa Center and then the consulate to process. Additionally, K-3 and K-4 visa holders may be granted employment authorization while their I-130 petitions or adjustment of status applications are pending. Other benefits include being able to study and the ability to travel outside the U.S. on the K visa, even if simultaneously applying for adjustment of status. The K-3 visa is valid for two (2) years, with multiple entries allowed, and may be extended, if necessary, for two-year intervals.

The K visas may not change status to another nonimmigrant visa once in the U.S., nor may another nonimmigrant visa category change to K status. While an I-129F petition may be approved by USCIS, one may not be issued a K visa, or enter the U.S., if temporarily barred for previous violation of immigration law. K-3 status is automatically terminated 30 days after the denial or revocation of the visa holder's underlying I-130 petition or adjustment of status application, or the divorce or death of the U.S. citizen petitioner spouse.