Does my U.S. citizen spouse need to file separate petitions for my children?No. Your children may apply for K-4 visas based on the approval of Form I-129F, Petition for Alien Fianc?(e), that your U.S. citizen spouse filed on your behalf, but your U.S. citizen spouse must list the children on the petition. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee.
Your U.S. citizen spouse is also not required to file I-130 petitions on behalf of your children before he or she is able to list them on the I-129F petition. However, your U.S. citizen spouse must file separate I-130 immigrant visa petitions for your children before they can qualify for permanent residence or apply for adjustment of status. More information about adjustment of status is available on USCIS?s website under Green Card (Permanent Residence).
Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child, the child?s stepchild relationship with your spouse must be created before your child reaches the age of 18.
Are my children required to travel with me?Your children may travel with (accompany) you to the U.S. or travel later (follow-to-join). Like you, your children must travel within the validity of their K-4 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-3 visa. If they want to travel later than one year from the date your K-3 visa was issued, they will not be eligible to receive K-4 visas, and separate immigrant visa petitions will be required. If your child has a valid K-4 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-4 visa.