Can My Child Come to U.S. to Live While the Visa Petition Is Pending?

Question:

I am a U.S. citizen, and filed Form I-130 immigration for my child. Can my child come to the United States to live while the visa petition is pending?

Answer:

If you are a U.S. citizen, once you file Form I-130 for your chld's immigration, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle the child to come to the United States to live and work, or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly.

K-4 visa application is a step for a child to obtain a visa to come to the United States while waiting for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. US Congress sought to resolve this problem by creating K-3 nonimmigrant visa to shorten the time your family would need to spend apart.