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K-4 Visas for Children of K-3 Visa Holders?
Transcript of the above video:
I noticed I hadn't made a video recently, in quite a while actually, about derivative visas for children of the types of US Visas that we often process out of our office here in Bangkok. We deal with a number of cases every year involving the fiancés of US citizens, as well as the spouses of US citizens.
The K-3 Visa, as I have discussed in other videos, is not as widely used as it once was. It oftentimes on the Internet is used to describe the US Marriage Visa but the reality is most folks who are seeking immigration benefits for a spouse often will end up using Immigrant Spouse Visas such as the CR-1 or the IR-1 Visa. That said, the K-3 remains an option and depending on the circumstances - especially if the K-3 survives what is called Administrative Closure at the National Visa Center - it may be a viable option to bring a foreign spouse, in the case of most of the cases we process through our office here in Bangkok, a Thai spouse of a US citizen to the United States. It is worth pointing out that the children of that K-3 Visa seeker may also seek visas based on derivative status, so they may seek K-4 Visas as the children of that K-3 Visa seeker. And those children do not need to be the biological children of the sponsoring American spouse; they can be the stepchildren.
Now that said, as we have discussed in other videos, there are derivative visas for spouses of American citizens is Immigrant Spouse Visas. Those are going to be the vast majority of cases that you see people process through the system on, but it is worth pointing out that there are visas out there that are derivative of the K-3 that can bring children of a K-3 Visa holder to the United States, so that is something worth pointing out.
Now it can get kind of overwhelming trying to decipher whether or not you should apply for a K-1 Visa versus get married and apply for an Immigrant Spouse Visa like a CR-1 or IR-1 and then it can get even more confusing as to where the supplemental petition for a K-3 fits in with all of that analysis. For those who feel a bit overwhelmed, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.
