The new K visa (K-3/K-4 visas) under the Legal Immigration Family Equity Act (LIFE Act) is another classification that enables families to reunite. The K-3 visa is for use by the spouse of a U.S. citizen for whom an immediate relative petition has been filed in the United States. Children of the K-3 spouse who are under the age of 21 and unmarried are designated K-4.

In order for an applicant to obtain classification under K-3, the following must be shown:

1. The applicant's marriage to a U.S. citizen is valid;
2. The applicant is the beneficiary of a spousal immediate relative immigrant petition (I-130);
3. The applicant is the beneficiary of an approved nonimmigrant visa petition (filed by the US citizen spouse using BCIS form I-129F) in such form as the BCIS determines is appropriate for the purpose of the issuance of a K3 visa; and
4. The applicant wishes to enter the United States to await the approval of the I-130 petition or the availability of an immigrant visa.

In order to obtain classification under K-4 the applicant must show that he or she is the child of the applicant entitled to K-3 classification.

The K visa applicant applies for the visa at the U.S. Consulate in the country where the marriage to the US citizen took place. If the marriage took place in the US, the applicant must apply at the US Consulate in the applicant spouse's country of residence.

Under this new rule, a qualified applicant is able to apply for a K nonimmigrant visa as long as the applicant’s immigrant visa is not yet available. For purposes of K visa issuance, the Department of State considers a visa to be available only when the actual approved immigrant visa (I-130 petition) has been received at the consular post at which the visa application is filed. In other words, if the immigrant visa petition is received at a consular post, any K nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa. However, if the consular post has not received the approved immigrant visa petition the applicant can proceed with their K visa application.

If the petition has been approved, but remains at the National Visa Center (NVC) for pre-processing, individuals will have the option to apply for a K visa or have the immigrant visa petition forwarded to the consular post so the individual can process their immigrant visa rather than apply for a K visa. Therefore, when the alien applies for the nonimmigrant K3 visa at a U.S. consulate, the consular officer will ask whether the applicant would like the consular officer to determine whether the approved immigrant visa petition has been received by the NVC. If the consular officer determines that the NVC has received the immigrant visa petition, the alien can then request that the petition be forwarded to the consular post for immigrant visa processing.

The Department of State will authorize the issuance of ten-year multiple entry visas to K-3 and K-4 visa recipients, except in those instances where there are age limitations (minor child will soon reach the age of 21 years old), security concerns or ineligibility waiver limitations. In these situations, a shorter period of validity will be necessary. Like the V visa, K-3 and K-4 nonimmigrant visa applicants will be required to provide a medical examination and law enforcement background check