Your foreign-born children, whether they are the biological children or the stepchildren of your petitioning spouse, may be eligible to obtain what are called K-4 visas to accompany you to the United States, and then to obtain green cards once you are all in the United States. For the fundamentals of children’s eligibility, see Chapter 2, Section B.

If the children are unmarried and under age 21, they will have to go through nearly the identical five steps you did in applying for the entry visa. (See Subsection b, below.)

As part of the application process in getting your children a K-4 visa, you will need to prove that the children are yours, using a birth certificate or other proof. In addition, you will need to prove that they are not inadmissible, and that they will be financially supported along with you. For more guidance on the application process, see Subsection a, below.

Children who are over age 21, or are married, will not be able to immigrate to the United States at the same time as you. As a U.S. citizen, your spouse may file visa petitions for them if they are his or her biological children or legal stepchildren, but they will be subject to quotas and waiting periods. This book does not cover how to file these visa petitions.

a. K-4 Visa Application Procedures for Children

This section contains a brief overview of the procedures for immigrating children, but complete details (especially line-by-line instructions on filling in the forms) are outside the scope of this book. Once you have filled in all the paperwork described in this book, you will have a good basis of knowledge with which to fill in the forms for your children, or you may be more comfortable getting a lawyer.

To start the process, your U.S. citizen spouse will need to name the children on the I-129F filed in the United States. (They don’t need separate Forms I-129F.) Your spouse should, however, also fill in a separate Form I-130 for each child—not as a prerequisite to getting the K-4 visa, but in order to make the children eligible for green cards after they have entered the United States. Although these Forms I-130 do not need to be submitted at the same time as yours, it’s a good idea to do so, particularly because the waiting periods for these approvals can be years in length. And, having I-130 receipt notices is necessary before you file your children’s applications for green cards in the United States. (Like you, they will each need to apply for a green card, through a process called adjustment of status. They cannot be included in your application at the adjustment stage.)

When filling in Forms I-130 for your children, note that they do not need to fill in form G-325A (as you do), nor do they need to have their photos included in the visa petition. Include copies of your and your spouse’s marriage certificates plus the children’s birth certificates to show the family relationships.

At the Step Two stage of mailing forms back to the consulate, you will have to send separate DS forms for each child. The consulate should send you a package of forms for each child. If it doesn’t, either ask for these forms or simply make photocopies of the forms sent to you.

When it is time for your consular interview, the children will have to submit all the same types of forms and documents as you, except they can simply submit photocopies of the Affidavit of Support (Form I-134). Of course, you will want to make sure that their names are listed on your Form I-134, and that the income and assets shown are sufficient to cover each child. If your child is under the age of 16, he or she will not need to submit a police certificate.

You can expect to attend your K-3/K-4 visa interview together. The children will probably not have to answer more than one or two questions.

b. Children About to Turn 21 Could Lose Out

If there is a chance that your child will turn 21 before actually claiming a K-4 visa, watch out! The minute a child hits age 21, the child will no longer be eligible for the K-4 visa. This problem is known as “aging out.”

Here is how to avoid having your child miss his/her chance to get a K-4 visa at the same time as you get your K-3. Write, “PLEASE EXPEDITE, AGE-OUT MM/DD/YY” (the exact date your child will turn 21) in red ink on the top of any cover letters and primary applications. If you have any personal contact with a consular officer during the application process, be sure to bring up the age-out issue.

The consulate should be able to schedule your K-3 visa earlier when they learn of the age-out issue. If you don’t hear from them within eight weeks of submitting your materials to the NVC or consulate, start writing reminder letters or visit the consulate in person.

Don’t make the mistake of thinking that you have solved the problem by simply getting your child’s K-4 visa before your child’s 21st birthday. Your child has to use that visa to enter the United States before he or she turns 21. Until your child shows up at the border, the process is not complete, and the border guard can keep your child out because, having turned 21, your child no longer qualifies for the visa he or she was given.

After your child is in the United States and ready to adjust status, the Child Status Protection Act will protect him or her from the consequences of turning 21, so long as a Form I-130 was filed on his or her behalf before the child’s 21st birthday.