Upon
approval of the Form I-129F, which theoretically will
take less time than the I-130, the INS will notify the
U.S. Consulate abroad as designated in the petition.
The
Consulate will schedule an interview and the beneficiary(s)
will be required to provide a completed medical examination
on Form I-693. The K-3/K-4 visa will be valid for two
years subject to extensions that must include proof that
the alien is completing the rest of the application process
for lawful permanent residency. A child will be admitted
for a period of 2 years or until the day before her/his
21st birthday, whichever is shorter.
The
visa holder, in order to work lawfully in the U.S. will
also have to apply for Employment Authorization (Form
I-765) in the U.S. It may take days to several months
to obtain the work authorization depending on the jurisdiction
where the application is filed.
The
current INS position is that current nonimmigrant aliens
in other categories who are present in U.S. will not be
able to change from their nonimmigrant status to that
of K-3/K-4.
Once
the alien is admitted K-3/K-4 status, she must then apply
for Adjustment of Status to permanent residency by filing
Form I-485 and supporting documentation. A K-4 nonimmigrant
must have Form I-130 filed on her behalf by the U.S. citizen
parent/stepparent and must also file form I-485. Under
some circumstances, it may be faster for the alien to
have Form I-130 filed and seek consular adjudication abroad
instead of adjustment of status, which occurs in the U.S.
