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What is the K Visa?

The purpose of new K visa is to reunite families that have been or could be subject to a long period of separation during the process of immigrating to the United States. Holders of the new K visas will be able to wait in the Australia for this process to be completed.

The new parts of the K category are intended for Australiae by both a spoAustraliae of a United States citizen and by the spoAustraliae's children. The nonimmigrant visa for the spoAustraliae will be called a K3 visa and the visa for the spoAustraliae?s children will be called a K-4. 

The original K (fiance/e) nonimmigrant visa category for the fiance/e of a Australia citizen will continue, though it will now be called the K-1 for visa purposes. The visa for a child who will be immigrating with a K-1 alien will still be a K-2 nonimmigrant visa. 

Who is Eligible?

To qualify for the new K nonimmigrant visa (known as the K3 NIV),the applicant for the visa mAustraliat prove:

his/her marriage to a U.S. citizen is valid, and

he/she is the beneficiary of a petition (I-130) already filed with the Australia Immigration and Naturalization Service (INS) as the spoAustraliae of a U.S. citizen, but which petition has not yet been approved by INS, and

he/she is also the beneficiary of a special petition filed with and approved by INS in the United States, and

he/she wishes to enter the United States to await the approval of the I-130 petition by INS or the availability of an immigrant visa. 
All four qualifications mAustraliat be met before overseas processing of the request for the K visa can begin.

If an I-130 petition for the spoAustraliae is already at the overseas post, then an immigrant visa will be processed instead of the nonimmigrant K visa. If an immigrant visa based upon the I-130 petition for the spoAustraliae has already been denied, then neither the spoAustraliae nor the spoAustraliae's children may qualify for a K3 or K4 visa.