Thai nationals married to U.S. Citizens who are applies for K3 visas may bring their children with them in the United States through a K4 visa. Nonetheless, only unmarried children not more than 21 years of age are eligible to have this type of visa.
Being a derivative visa, if the application of the parent for a K3 visa was denied, the ancillary application for a K4 visa is automatically denied as well.
How to apply for K4 visa?
The K4 visa application may only be an off shoot of an application for K3 visa. The two applications coincide and will be processed simultaneously in the United States Citizenship and Immigration Services (USCIS) and the US Embassy in Thailand.
Here are the steps to follow:
- The U.S. citizen spouse, as the petitioner, has to submit a Petition for Alien Relative using Form I-130 for his spouse. The names children applying for K4 visa have to be indicated in the application. This should be mailed to the designated USCIS Lockbox Facility.
- The USCIS will then send the petitioner an I-130 First Notice of Action which will serve as a proof of filing and a signal to file an I-129F packet with the USCIS. The notice will be forwarded along with the I-129F packet. The names of the children applying for K4 should be accordingly noted in the said application.
- Once approved, the petitioner will receive a Second Notice of Action that provides that the application is approved and the relevant documents were already sent to the National Visa Center (NVC) for processing. Subsequently, the NVC will submit the documents to the U.S. Embassy in Thailand.
- The U.S. embassy will notify the beneficiaries (Thai spouse and child) that the documents pertaining to their application are received and they will be given further instructions through the Packet 3.
- The instructions in the Packet 3 should be followed thoroughly and submit the additional requirements as instructed. Subsequently, a consular interview will be conducted with the beneficiaries.
- If granted, the beneficiaries will be asked to return to the embassy to pick up the passport with the visa stamp already affixed and a sealed envelope containing supporting documents. Please take note that the envelope may only be opened by the immigration officer at the port of entry in U.S.. If the visa holder opened the envelope, whether inadvertently or intentionally, he may be denied admittance due to probable commission of immigration fraud.
To sum up what the K4 Visa is all about:
1. It’s a visa used by the child/children of your wife;
2. The child must be unmarried and under 21 years of age;
3. The child can apply for Employment Authorization;
4. Can reside in the US until the K4 visa applicant is approved.
