Quick answer
The K-4 visa allows the unmarried children (under 21) of a K-3 visa holder to accompany or follow to join their parent in the U.S. while the parent's Form I-130 is pending [1]. To obtain a K-4 visa, the U.S. citizen petitioner must file Form I-129F for the spouse and list the children on that petition [1]. The K-4 visa is valid for 2 years or until the child's 21st birthday, whichever is shorter [1]. K-4 holders are automatically authorized to work and may travel temporarily outside the U.S. [1]. They may apply for a Green Card based on the approved Form I-130 and may benefit from CSPA age-out protections [1][3].
Key facts
| Visa validity | 2 years or until 21st birthday, whichever is shorter[1] |
| Work authorization | Automatic upon admission[1] |
| Travel authorization | May travel temporarily; no advance parole needed unless visa expires and I-485 pending[1] |
| Green card eligibility | Must have approved Form I-130; may file I-485 at any time[1] |
| CSPA protection | Eligible for CSPA age-out protection[3] |
Am I eligible?
Child of a K-3 visa holder
- You are the unmarried child under 21 of a spouse who is applying for or has been granted a K-3 visa.
- Your U.S. citizen parent has filed Form I-130 for your parent (the K-3 applicant) and Form I-129F for the K-3 visa.
- You are included as a derivative beneficiary on the Form I-129F petition.
- You must be under 21 and unmarried at the time of visa issuance and admission.
- If your parent's Form I-130 is approved before or at the same time as the Form I-129F, you will not be eligible for a K-4 visa and must instead apply for an immigrant visa.
- If your parent's Form I-129F is approved first, you may apply for a K-4 visa at the U.S. embassy or consulate.
- You must not have an approved Form I-130 at the Department of State at the time of K-4 visa issuance.
Don't want to read through this yourself? Answer a few questions and see exactly which category fits your situation.
Requirements in detail
The petitioner must be a U.S. citizen or lawful permanent resident and the beneficiary must be their child, son, or daughter as defined by immigration law.
For immigration purposes, a 'child' is unmarried and under 21; a 'son' or 'daughter' is married or 21 or older. Different categories apply depending on the petitioner's status.
File Form I-130, Petition for Alien Relative, with the required fee.
Provide evidence of U.S. citizenship (e.g., birth certificate, passport, naturalization certificate) or permanent resident status (e.g., Green Card).
Submit documents proving the family relationship, such as birth certificates, marriage certificates, adoption decrees, or evidence of a bona fide parent-child relationship.
If the petitioner's or beneficiary's name has changed, provide legal documentation such as marriage certificate, divorce decree, or court order.
Documents you'll need
- Form I-130, Petition for Alien Relative, filed by U.S. citizen for the spouse [1]
- Form I-129F, Petition for Alien Fiancé(e), filed by U.S. citizen for the spouse, listing the children [1]
- Evidence of the parent-child relationship (e.g., birth certificate) [2]
- Proof of U.S. citizenship of the petitioner (e.g., birth certificate, passport, naturalization certificate) [2]
This list adjusts automatically based on your nationality and category.
How to apply
- 1
The U.S. citizen spouse files Form I-130 for the foreign spouse [1].
- 2
The U.S. citizen spouse files Form I-129F for the spouse, listing the children on the petition [1].
- 3
If the Form I-129F is approved before the Form I-130, the petition is sent to the Department of State [1].
- 4
The spouse and children apply for K-3/K-4 visas at a U.S. embassy or consulate [1].
- 5
Upon admission, the K-4 holder may apply for work authorization using Form I-765 [1].
Frequently asked questions
Can my child come to the United States to live while the visa petition is pending?
Yes, if you are a U.S. citizen and have filed Form I-130 for your spouse, your child may be eligible for a K-4 visa. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly.
What happens if USCIS approves Form I-130 before or at the same time as Form I-129F?
If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. This occurs in the vast majority of cases. When your spouse's approved Form I-130 reaches the Department of State, an immigrant visa is immediately available to him or her. Your spouse and his or her children then must apply for immigrant visas and seek admission to the United States as lawful permanent residents. Because K-3 and K-4 nonimmigrant visas are no longer available to your spouse and his or her children at this point, the K-4 child will not be able to immigrate with your spouse unless the child has an approved Form I-130 at the Department of State at that time.
Related visas
Sources
One numbered entry per specific claim — several entries may point to the same underlying document, each with its own locator.
- [1]
A child of your foreign spouse may be eligible for a K-4 visa if he or she is: - Under 21 years of age; - Unmarried; and - The child of the K-3 visa applicant you filed for
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [2]
In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [3]
Your status will expire when you turn 21 years old
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [4]
**Extension of Stay** If you have either a K-3 or K-4 visa, you may submit a [Form I-539, Application to Extend/Change Nonimmigrant Status](/i-539) to USCIS in the 120 days before your authorized stay
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [5]
citizen spouse for at least 2 years when USCIS approves your Form I-485, your Green Card will be valid for ten years
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [6]
citizen spouse for less than 2 years when USCIS approves your Form I-485, you and any K-4 children will become conditional permanent residents
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [7]
citizen spouse must file a [Form I‑751, Petition to Remove Conditions of Residence](/i-751) in the 90 days before your Green Card expires
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [8]
#### Automatic Termination of K-3/K-4 Nonimmigrant Status If you have a K-3 visa, your authorized stay in the United States automatically terminates 30 days after any of the following events: - USCIS
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [9]
#### Legal Reference For more information, see the following: - INA 101(a)(15)(K) – Definition of K nonimmigrants - INA 214 – Admission of Nonimmigrants - INA 216 – Conditional Permanent Residence - I
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [10]
citizens - 8 CFR 245 – Adjustment of Status to that of Person Admitted for Permanent Residence - 8 CFR 274a.12– Classes of Aliens Authorized to Accept Employment #### Related Links **More Information*
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [11]
For immigration purposes, a “child” is an unmarried person under 21 years of age
Bringing Children, Sons and Daughters to Live in the United States · Last verified: Aug 15, 2026Verified — deep-linked - [12]
A “son” or “daughter” is a person who is married or is 21 years of age or older
Bringing Children, Sons and Daughters to Live in the United States · Last verified: Aug 15, 2026Verified — deep-linked - [13]
| Step-parent (step-mother or step-father) | - A copy of your step-child’s birth certificate issued by civil authorities - A copy of your civil marriage certificate to your step-child’s genetic or leg
Bringing Children, Sons and Daughters to Live in the United States · Last verified: Aug 15, 2026Verified — deep-linked - [14]
#### Conditional Residence and Removing Conditions If you are petitioning for a step-child and have not been married to the child’s genetic parent genetic or legal gestational mother for 2 years at th
Bringing Children, Sons and Daughters to Live in the United States · Last verified: Aug 15, 2026Verified — deep-linked - [15]
(Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.) If your spouse and child became CPRs at the same time or within 90 days, the child can be included i
Bringing Children, Sons and Daughters to Live in the United States · Last verified: Aug 15, 2026Verified — deep-linked - [16]
If the child became a permanent resident more than 90 days after your spouse, the child will need to file a separate Form I-751
Bringing Children, Sons and Daughters to Live in the United States · Last verified: Aug 15, 2026Verified — deep-linked - [17]
[Español](/es/residencia-permanente-tarjeta-verde/procesos-y-procedimientos-para-la-residencia-permanente/ley-de-proteccion-del-estatus-del-menor) [ ](/) Sign In - [Sign In](/link/88483) - [Create Acc
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [18]
The formula for calculating CSPA is: **Age at Time of Visa Availability - Pending Time = CSPA Age** Example: You are 21 years and 4 months old when USCIS considers an immigrant visa available to you
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [19]
Your petition was pending for 6 months
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [20]
Calculate your CSPA age as follows: 21 years and 4 months - 6 months = 20 years and 10 months **Age at Time of Visa Availability** The date the visa is considered available is the later of these 2 dat
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [21]
1, 2016 = 6 months For DV derivatives, the number of days the petition was pending is the time between the start of the DV Program registration period and the date of the DV selection letter
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [22]
1, 2012 = 7 months **Note:** If an alien has multiple approved petitions, calculate the alien’s CSPA age using the petition that forms the underlying basis for the adjustment of status application
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [23]
**Sought to Acquire Requirement** To benefit from CSPA as an alien applying for family preference (including VAWA self-petition), employment-based preference, or a DV , you must seek to acquire lawful
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [24]
A written request to transfer the underlying basis of the adjustment of status application also will meet the “sought to acquire” requirement, if we receive the request within 1 year of an immigrant v
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [25]
citizen petitioner within 90 days of being admitted to the U.S
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [26]
citizen stepparent within 90 days of being admitted to the U.S
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [27]
#### Legal Reference For more information about CSPA, see the following: - For refugees, see [INA 207(c)(2)(B)](http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1157&num=0&e
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [28]
K-4 visa purpose and eligibility
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [29]
K-4 visa validity and extension
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [30]
K-4 visa work and travel authorization
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [31]
K-4 visa green card application
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [32]
K-4 visa for children of U.S. citizens
Bringing Children, Sons and Daughters to Live in the United States · Last verified: Aug 15, 2026Verified — deep-linked - [33]
CSPA protection for K-4 nonimmigrants
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked - [34]
K-4 visa eligibility and application process
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [35]
K-4 visa for children of K-3 visa holders
Bringing Children, Sons and Daughters to Live in the United States · Last verified: Aug 15, 2026Verified — deep-linked - [36]
CSPA limited coverage for K-4 nonimmigrants
Child Status Protection Act (CSPA) · Last verified: Aug 15, 2026Verified — deep-linked
This page reflects United States's officially published requirements as of the dates above. It is not legal advice, and final approval is solely at the discretion of United States's immigration authorities. For a case-specific compliance check against your own documents, try VisaBook free.