Embassy of the United States Tegucigalpa, Honduras

On December 21, 2000, President Bill Clinton signed into law the Legal Immigration and Family Equity (LIFE) Act.  The LIFE Act created two new visa categories, K3 and K4, for the spouses and children of U.S. citizens.  These visas are intended to allow spouses of American citizens and their children to enter the United States in order to await their adjustment of status to legal permanent resident status, thereby preventing extended separation of families of U.S. Citizens.  The Department of Homeland Security (DHS) has recently published rules governing the issuance of K3 and K4 visas and the U.S. Embassy in Tegucigalpa is now issuing K3 and K4 visas to qualified applicants.

Who is eligible?

The spouse and children of U.S. citizens who will travel to the U.S. in order to adjust their status to legal permanent residents.

How do I apply?

American citizen spouses can begin the process by first filing an Immigrant Petition for Alien Relative, Form I-130 (PDF 201KB) for their spouses with the United States Citizen and Immigration Services (USCIS) Office that serves the area where they live.  USCIS will send you a Notice of Action (Form I-797) informing you that USCIS has received the petition.

The next step is to file a Petition for Alien Fiancé(e), Form I-129F (PDF 201KB) for your spouse and children.  Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to the indicated address on the USCIS website.  Note that this petition cannot be filed with the Department of Homeland Security at the U.S. Embassy in Tegucigalpa.

Requirements to Qualify

• The U.S. citizen spouse has already filed an I-130, Immigrant Visa Petition, on the applicant’s behalf with the Department of Homeland Security in the U.S.
• If you married outside of the U.S., your marriage must have occurred in Honduras.  If you were married in the U.S., you must be residing in Honduras.
• You must be seeking to immigrate to the United States.

What happens when the Embassy receives the approved petition?

When the Embassy receives the approved petition from DHS, the applicant will be scheduled for a visa interview.  The packet of instructions and a list of required documents (PDF 394KB) will be sent to the applicant at the address given in the petition.  Only if the applicant meets all of the requirements of U.S. Immigrant Law will a visa be issued on the day of the appointment.  Therefore, please do not make any travel plans until the visa has already been issued.

How long will the application take to process?

The period of time it will take to process the application will vary with each individual's circumstances.  When filing the petition, Form I-129F (PDF 201KB) with the U.S. Citizen and Immigration Services, you can ask how long the petition will take to be processed.

Note: A petitioner may search for the status of a pending case online at the USCIS website.

What happens after the K3/K4 visa are issued?

Your spouse must file Form I-485, Application to Register Permanent Residence or to Adjust Status (PDF 272KB) with the USCIS office that serves the area where you live in the United States.  You must fill out the Affidavit of Support, Form I-864 (PDF 339KB) with the USCIS for your spouse's application to become a lawful permanent resident (LPR).  For more information, please see the USCIS website.

How to Apply for a Social Security Number Card

Before your spouse arrives in the United States, you can help her or him apply for a social security number card.  To learn more about this process, visit the Social Security Administration's website.

Children

While it is not required that American citizens file separate petitions for children of their spouses, it is highly recommended, as such petitions will eventually need to be filed once the children enter the United States.  However, the petitioner must take care to name all of the children on the Petition for Alien Fiancé(e) I-129F petition.  If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status.

Once the children enter the United States, separate I-130 immigrant visa petitions must be filed on their behalf if this has not already been done.  When they adjust status to legal permanent residents in the United States, they must also file Form I-485 Application to Register Permanent Residence or to Adjust Status (PDF 272KB) with the USCIS Office that serves the area where they live.  If the children fail to adjust status they may eventually lose their status in the United States and begin accruing illegal presence, which could make them ineligible to adjust status in the future.

Requirements for K4 Visas

• You must be less than 21 years old.
• You must be the unmarried child of a K3 applicant.
• You must be seeking to immigrate to the United States.
• Your mother/father must be applying for a K3 visa.
• You must have a step-parent relationship with the petitioner.

Note: A K4 visa cannot be issued unless a K3 is also issued to the mother or father of the applicant.

Please make sure that all your documents are completed truthfully and accurately.  If you misrepresent facts or help others to commit fraud, you may become permanently ineligible to enter the United States.

For more information, please see the Department of State website.