K4 Visa for Filipino Citizens
Are you a Filipino citizen wondering how to qualify for the K4 Visa in the United States? The K4 Visa is for the minor, unmarried children of foreign nationals who are in the process of obtaining or have already been granted a K3 Visa.
For more information and detailed legal guidance on immigrating to the US, prospective Filipino applicants can contact Total Law immigration lawyers at +1 844 290 6312 or online.
Overview of K4 Visa for Filipino Citizens
K4 Visas are issued by the US government to the minor, unmarried children of foreign nationals who are in the process of obtaining or have already been granted a K3 Visa. The K3 Visa, in turn, is designed for foreign-national spouses of US citizens.
When a US citizen sponsors their foreign-national spouse for a K3 Visa, they can also include their minor, unmarried children (under 21 years old) in the application.
The K4 Visa provides these children with legal status granting them the right to live, study, and, in certain cases, work while their parent pursues permanent residency.
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Applying for a K4 Visa as a Filipino Citizen
The K4 Visa application process is a vital step in bringing unmarried children of Filipino citizens one step closer to joining their US citizen parent in the United States.
To apply for a K4 Visa, the US citizen parent, as the petitioner, files Form I-129F, Petition for Alien Fiancé(e), on behalf of the K3 Visa beneficiary (the spouse) and the K4 Visa beneficiary (the child). This form establishes the qualifying relationship between the petitioner and the beneficiaries.
Once US Citizenship and Immigration Services (USCIS) receives Form I-129F, they will review and process it. They will also complete background checks on the petitioner and beneficiaries. USCIS will notify the petitioner of their decision, either approving or denying the petition. If approved, USCIS will forward the petition to the National Visa Center (NVC).
The NVC will then process the approved petition and request the US citizen petitioner submit all necessary visa application forms and supporting documents, as well as pay the visa fee.
At this point, the K4 Visa beneficiary (the child) and the K3 Visa beneficiary (the spouse) will need to complete the DS-160 Online Nonimmigrant Visa Application and schedule a visa interview appointment at the US embassy or consulate in the Philippines.
All visa applicants, including children, should undergo a medical examination by an approved panel physician. The results of the medical examination must be submitted to the embassy/consulate.
The visa applicants will attend a visa interview at the US embassy or consulate. In the interview, individuals will face inquiries regarding their qualifications and the reason for their visit to the US. It is crucial to bring all required documents, including the visa appointment letter, passport, and supporting evidence of the qualifying relationship.
If the consular officer approves the visa, a K4 Visa will be issued to the child. The visa typically includes a single entry and is valid for a limited period. It’s essential to pay attention to the visa’s expiration date and the date by which the child must enter the US.
Our expert legal team helps applicants complete and submit the necessary application forms accurately and on time, reducing the risk of errors or delays.
Documents Needed for the K4 Visa
The following forms and documents are typically required during the K4 Visa application process:
- Completed Form I-129F
- Completed DS-160
- Medical examination results from an approved panel physician.
- Valid passport
- Two recent passport-sized photos
- Birth certificate
- Marriage certificate: If applicable, to prove the legal marriage between the petitioner and the beneficiary’s biological parent.
- Affidavit of Support (Form I-134): Demonstrating the petitioner’s financial ability to support the K4 Visa beneficiary.
- Visa appointment letter
Our immigration lawyers can advocate on behalf of applicants if there are legal or procedural challenges in the visa process.
Processing Times and Fees of K4 Visa
The processing times for K4 Visa can vary depending on factors such as the volume of applications and individual cases.
On average, it may take several months (about 5 to 7 months) to complete the entire process, from filing the initial petition to attending the visa interview.
The following fees need to be paid when applying for a K4 Visa:
- Form I-129F filing fee $535
- DS-160 Visa application fee $160
- Medical examination fee – this can vary depending on age but you can expect to pay around $275 for applicants over 15, while examinations for children can cost between $156 and $240.
- Visa issuance fee $265
Total Law immigration lawyers act as intermediaries between applicants and US Citizenship and Immigration Services (USCIS), helping with any communication concerning visa fee issues, as well as giving advice on providing evidence to support a K4 Visa application.
What is Permitted on a K4 Visa?
The primary advantage of the K4 Visa is the opportunity for family reunification. It allows minor, unmarried children of US citizens or Lawful Permanent Resident family members to join their loved ones in the US.
In addition, the K4 Visa is a Non-Immigrant Visa, it can serve as a stepping stone toward obtaining permanent residency.
A K4 Visa also allows the holder to live and study in the US including enrolling in full-time education. However, K4 Visa holders do not receive automatic employment authorisation. If they wish to work they must apply for a work permit, which involves a separate application process. Reach out to us for more information on working in the US.
When Does a K4 Visa Expiry?
The K4 Visa is valid for up to 2 years or until you turn 21, whichever comes first. If you turn 21, your visa expires. Your permission also ends when the K3 Visa holder loses their right to stay in the US. If you get married, the K4 Visa ends within 30 days.
How to Avoid K4 Visa Refusal
To ensure a smooth and successful application, it’s crucial to avoid common mistakes. Ensure that all forms and documents are completed accurately and completely. Any discrepancies or errors can lead to delays or denials.
Certain criminal convictions or health conditions may result in inadmissibility, leading to application denial.
Ensure that both the petitioner (US citizen) and the K3 Visa beneficiary (spouse) meet the eligibility requirements including being able to financially support any dependents. Failure to meet these requirements can also lead to a refusal.
You may also wish to practice for the visa interview by reviewing common questions and answers related to your application. Be honest and confident during the interview, and bring all necessary documents.
The K4 Visa Appeal Process
If your K4 Visa application is rejected, you have the option to appeal the decision. The appeal process involves:
- Complete and submit Form I-290B, Notice of Appeal or Motion, within 30 days of receiving the denial notice.
- Explain the reasons for your appeal and provide any additional evidence or documentation that supports your case.
- USCIS will review your appeal, along with the initial decision and your supporting documents. You may be asked to attend an interview to clarify any issues.
If you are considering appealing a K4 Visa decision as a Filipino citizen then you should consider reaching out to an immigration expert for advice and assistance.
How Can Total Law Help?
Total Law immigration lawyers can tailor strategies that consider your circumstances as the applicant and your family. For cases with legal issues or prior immigration problems, our expert legal team can offer solutions, increasing the likelihood of a successful outcome.
Our professional legal advisers can identify potential red flags in your application and take steps to minimise risks, therefore, reducing the chances of visa denials.
We help applicants gather and organise the needed documents, reducing the risk of missing or incorrectly prepared paperwork. Our lawyers can expedite the application process by ensuring that all requirements are met promptly.
Our immigration lawyers can prepare applicants for visa interviews, offering guidance on what to expect and how to answer questions effectively. In cases of visa denials or delays, our professional lawyers can assist in filing appeals or addressing issues that may arise.
For further inquiries and detailed legal guidance on immigrating to the US, prospective Filipino applicants can contact Total Law immigration lawyers at +1 844 290 6312 or online.
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FAQs
K4 Visa holders do not automatically have the right to work in the US To seek employment, they must apply for a work permit (Employment Authorization Document or EAD) separately after entering the US.
There is no specific annual cap on the number of K4 Visas issued. However, the availability of K4 Visas depends on the number of K3 Visa petitions filed by US citizens for their foreign-national spouses.
K4 Visa holders do not automatically become US citizens. To become a US citizen, they must meet the eligibility criteria, including being a Lawful Permanent Resident for a specified period, typically five years, before they can apply for naturalisation.