Key Takeaways:
- M1 visa is for international vocational students, while K4 visa is for children of a foreign-citizen spouse of a U.S. citizen.
- The process of transferring from an M1 to a K4 visa involves eligibility, petitions, and consulate applications.
- Advantages of transferring include family unity, adjustment of status, and access to education, while disadvantages include complexity and potential restrictions.
Understanding the Process of M1 to K4 Visa Transfer
Navigating through immigration policies can often be complex, especially when it involves transferring from one visa category to another. For many individuals currently in the U.S. on an M1 visa, the possibility of moving to a K4 visa might seem like a daunting task. In this article, we’ll explain the nuances involved in transferring from an M1 visa to a K4 visa, including the process and the potential advantages and disadvantages of making this transition.
What is an M1 Visa?
Before diving into the transfer process, let’s outline what the M1 visa encompasses. The M1 visa is a type of non-immigrant visa for international students enrolled in vocational or non-academic programs in the United States. It allows students to stay in the US for the duration of their course plus an optional practical training period afterwards.
What is a K4 Visa?
On the other hand, the K4 visa is a non-immigrant visa for the children of a foreign-citizen spouse of a U.S. citizen. This type of visa allows the children to live and study in the U.S. while awaiting the availability of an immigrant visa.
The Transfer Process From M1 to K4 Visa
Changing your status from an M1 to a K4 visa involves several steps, starting with eligibility. To be eligible for a K4 visa, a child must be under 21 years old and unmarried. The U.S. citizen parent must have already married the child’s foreign-citizen parent and filed the necessary petitions with U.S. Citizenship and Immigration Services (USCIS).
Here is a simplified breakdown of the process:
- The U.S. citizen parent must file Form I-130, the Petition for Alien Relative, on behalf of the foreign-citizen spouse.
- Once the I-130 is approved, the U.S. citizen parent will then need to file Form I-129F, the Petition for Alien Fiancé(e), for the K4 visa on behalf of the child.
- After the I-129F petition is approved, the child can then apply for a K4 visa through the U.S. consulate in their home country.
- Once the K4 visa is issued, the child can travel to the U.S. and adjust their status to a lawful permanent resident (LPR) after the foreign-citizen parent adjusts their status as well.
Keep in mind that the child must enter the U.S. on a K4 visa before they can adjust status. Entering the U.S. on an M1 visa and attempting to change the status while in the country can lead to complications.
For authoritative guidance and official forms, visit the USCIS website USCIS.
Advantages of Transferring to a K4 Visa
Transferring to a K4 visa has several advantages:
- Family Unity: Children can accompany or follow to join their foreign-citizen parent who is married to a U.S. citizen.
- Adjustment of Status: The K4 visa provides a direct path to adjust status to become a permanent resident without having to leave the U.S.
- Access to Education: K4 visa holders have the same access to education as U.S. residents, often without international student tuition fees.
Disadvantages of the Transfer
Despite the advantages, there are also potential disadvantages:
- Complex Process: The transition process can be complex and requires careful timing and coordination.
- Restrictive Nature of K Visas: Because K visas are specifically for the families of U.S. citizens, if the marriage between the parent and the U.S. citizen dissolves, the K4 status is jeopardized.
Conclusion
In conclusion, transferring from an M1 to K4 visa can offer significant benefits for children who wish to be closer to their parents and enjoy the advantages of residing in the U.S. However, the process requires a thorough understanding of immigration laws and precise application procedures. It’s recommended that individuals considering this transfer consult with an immigration attorney or a trusted advisor to navigate the complexities of the transfer effectively.
While the transfer to a K4 visa can bring families together and create new opportunities for the children of mixed-nationality marriages, it’s crucial to weigh the advantages against the potential disadvantages and seek professional advice to ensure compliance with all immigration requirements.
Still Got Questions? Read Below to Know More:
Can my daughter work part-time with a K4 visa if she’s over 18 but still in school
Yes, your daughter can work part-time with a K4 visa, provided she obtains the necessary work authorization by filing for an Employment Authorization Document (EAD). The K4 visa is issued to the children of a foreign-citizen fiancé(e) of a U.S. citizen, under the K visa category. Children holding a K4 visa are considered dependents of the K3 visa holder, who is the fiancé(e) of a U.S. citizen.
To legally work in the United States, your daughter must file Form I-765, “Application for Employment Authorization,” with U.S. Citizenship and Immigration Services (USCIS). She must wait for the EAD application to be approved and receive the physical card before starting any employment.
Here are some important points regarding the process:
- Your daughter should file Form I-765 after arriving in the U.S. with the K4 visa.
- The EAD is commonly referred to as a work permit.
- Once the EAD is approved and received, there are no restrictions on the number of hours she can work; part-time employment is permitted.
For detailed information and instructions on how to apply for the EAD, you can visit the official USCIS site through this link: Form I-765, Application for Employment Authorization.
Please note that the ability to apply for an EAD will end if the K4 status expires and is not extended or if your daughter adjusts status to that of a lawful permanent resident.
Can my son attend high school on a K4 visa while we wait for our Green Cards
Yes, your son can attend high school while you are all waiting for your Green Cards if he is in the United States on a K-4 visa. The K-4 visa is a nonimmigrant visa category for the children of a K-3 visa holder (spouse of a U.S. citizen). According to U.S. immigration regulations, K-4 visa holders have the same privileges as K-3 visa holders. This means they are allowed to:
- Attend school
- Obtain work authorization (though this may not be relevant for your son if he is of high school age)
As long as your son maintains his K-4 visa status, by ensuring you proceed with the necessary immigration processes like Adjustment of Status (I-485 application), which must be filed before the expiration of the K-4 visa, he can continue his education without interruption. It’s critical to ensure you timely file all the required paperwork, so his legal status is maintained while you’re waiting for the Green Cards.
For official guidance, always make sure to check with the U.S. Citizenship and Immigration Services (USCIS) or consult an immigration attorney. Each immigration case can have unique circumstances, and it’s important to stay updated on the latest rules and procedures. Here’s a link to the USCIS page on K-3/K-4 nonimmigrant visas for more authoritative information: USCIS – K-3/K-4 Nonimmigrant Visas.
What if my U.S. citizen step-parent, who sponsored my K4 visa, passes away—can I still become a permanent resident
If your U.S. citizen step-parent, who sponsored your K-4 visa, unfortunately passes away before you become a permanent resident, there are still potential avenues for you to pursue this status, although the process can become more complicated.
According to U.S. Citizenship and Immigration Services (USCIS), the death of a petitioner can affect the ability to immigrate based on family sponsorship. However, USCIS provides some relief through what is called “humanitarian reinstatement.” This is a discretionary option that may allow you to continue on the path to permanent residency if you can demonstrate compelling humanitarian factors. To apply for humanitarian reinstatement, you would need to have a substitute sponsor who meets the following criteria:
– They should be at least 18 years old,
– They should be a U.S. citizen or lawful permanent resident,
– They need to be a close relative, such as a spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years old), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild.
Here is the quote from USCIS regarding humanitarian reinstatement: “If the visa petitioner dies and you are unable to have the petition reinstated for humanitarian reasons, you cannot be granted permanent resident status through that petition.”
For detailed guidelines on humanitarian reinstatement and finding a substitute sponsor, please refer to the USCIS Policy Manual and specifically to the section about the revocation of approval of petitions following the death of the petitioner.
It’s important to consult with an immigration attorney or accredited representative who can provide personalized guidance through this complex situation. They can help you prepare your humanitarian reinstatement request and find a qualified substitute sponsor. Also, keep in mind that USCIS considers each request on a case-by-case basis, and there’s no guarantee of approval.
- USCIS Humanitarian Reinstatement Overview:
https://www.uscis.gov/humanitarian/humanitarian-reinstatement - USCIS Policy Manual:
https://www.uscis.gov/policy-manual
If my M1 visa expires while we’re still waiting for the I-130 approval, what happens to my status
If your M1 visa expires while you’re waiting for an I-130 Petition for Alien Relative approval, it’s paramount to understand your position regarding U.S. immigration regulations. The M1 visa is a type of nonimmigrant student visa, and it does not automatically confer the right to remain in the U.S. while waiting for the outcome of an immigrant petition, such as the I-130.
Here’s what you need to know:
- Maintaining Legal Status: You must maintain a legal immigration status while your I-130 is pending. Once your M1 visa expires, if you haven’t taken steps to extend your stay or change your status, you might be considered out of status, which can have negative consequences for your immigration future.
Applying for Extension or Change of Status: You may apply for an extension of your M1 status or change of status before your current M1 visa expires. This could help you maintain a legal status while you wait for the I-130 decision. Keep in mind that changing status from M1 to another nonimmigrant status does not mean that your intent to immigrate is recognized or condoned by U.S. Citizenship and Immigration Services (USCIS).
Consequences of Overstaying: If you overstay your visa, you might accrue unlawful presence, which can lead to bars from reentering the U.S. in the future. If the I-130 petition is approved, however, you may have options to adjust your status to a lawful permanent resident, but this typically has to be done without accruing unlawful presence.
It’s vital that you consult with an immigration attorney or reach out to USCIS for guidance tailored to your unique situation. Staying informed of your obligations and options is essential.
For more information, you can visit the official USCIS page on Family of M1 Visa Holders at USCIS M1 Information and the page on I-130 petitions at USCIS I-130 Petition. It’s also beneficial to check out the Visa Overstay and Illegal Presence in the US page to understand the implications of overstaying a visa.
How long can my child stay in the U.S. on a K4 visa before we must apply for permanent residency
A K-4 visa allows the child of a foreign-citizen fiancé(e) of a U.S. citizen to enter the United States. If your child has entered the U.S. on a K-4 visa, it’s important to be aware of the time frame for seeking permanent residency to ensure they remain legally in the country.
The K-4 visa is essentially a “derivative” visa of the K-3 visa, which means it’s dependent on the status of the parent holding the K-3 visa. Both K-3 and K-4 visa holders are required to apply for Adjustment of Status (AOS) to become a lawful permanent resident after coming to the United States. The K-4 visa is valid for two years or until the child’s 21st birthday, whichever comes first. However, you should apply for permanent residency well before the visa expires.
“You may apply to adjust status to a lawful permanent resident at any time if you are in the United States and you have an approved Form I-130, Petition for Alien Relative.”
To apply for permanent residency (adjustment of status), you should file Form I-485 (Application to Register Permanent Residence or Adjust Status). This should be done after the marriage of the K-3 visa holder to the U.S. citizen, and the subsequent approval of the Form I-130. As the child’s status in the U.S. is linked to that of the K-3 parent, it is highly recommended to start the application process as soon as these conditions are met. Not doing so, could result in the child having to leave the United States.
For detailed and authoritative information, always refer to the U.S. Citizenship and Immigration Services (USCIS) website. Here are helpful links for further guidance:
– K-3/K-4 Nonimmigrant Visas
– Adjustment of Status
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Glossary or Definitions
- M1 Visa: A type of non-immigrant visa granted to international students who wish to pursue vocational or non-academic programs in the United States. It allows them to stay in the US for the duration of their course, with the option of participating in practical training afterward.
K4 Visa: A non-immigrant visa category designed for the children of a foreign-citizen spouse of a U.S. citizen. The K4 visa allows these children to live and study in the United States while waiting for an immigrant visa.
Petition for Alien Relative (Form I-130): A form that must be filed by a U.S. citizen or lawful permanent resident on behalf of their foreign-citizen spouse in order to establish the familial relationship and initiate the immigration process.
Petition for Alien Fiancé(e) (Form I-129F): This form is used by a U.S. citizen to petition for a K4 visa for their child once the Form I-130 petition for the foreign-citizen parent has been approved.
Lawful Permanent Resident (LPR): An individual who has been granted the right to live and work permanently in the United States. LPRs are issued a green card as evidence of their status.
Adjustment of Status: The process by which an individual already physically present in the United States can apply to change their immigration status, such as transitioning from a non-immigrant visa holder to a lawful permanent resident.
Consulate: The office of a foreign country located in the United States, typically in a major city, where visa applications and interviews take place before an individual can enter the United States.
U.S. Citizenship and Immigration Services (USCIS): The agency responsible for administering and enforcing immigration laws in the United States. USCIS processes immigration applications, adjudicates petitions, and provides information on immigration-related matters.
Family Unity: Refers to the goal of keeping family members together and allowing children to accompany or join their foreign-citizen parent who is married to a U.S. citizen.
International Student Tuition Fees: The higher tuition rates typically charged to international students attending educational institutions in the United States compared to domestic students.
Immigration Attorney: A lawyer who specializes in legal matters related to immigration, including but not limited to visa applications, status adjustments, deportation defense, and refugee/asylum cases. An immigration attorney provides legal advice and represents clients in immigration proceedings.
Compliance: The act of adhering to laws, regulations, or requirements set forth by immigration authorities. Compliance ensures that individuals and organizations are meeting their obligations and legal responsibilities in the immigration process.
So there you have it! Transferring from an M1 to a K4 visa is a process that can open up new possibilities for families and their children. Remember, it’s important to understand the intricacies and potential challenges that come with this transition. If you’re interested in learning more or need professional guidance, visit visaverge.com for expert advice and resources. Happy exploring!
