On April 16, 2001, the Department of States issued its interim rule regarding the procedures
for processing visas under the new V visa and K visa categories created by the legal
Immigrant Family Equity (LIFE) Act. This rule implements five new nonimmigrant visa 
categories (V-1, V-2 and V-3 and K3, K4) that permit United States consular officers to issue nonimmigrant visas to the spouse, any unmarried children under age 21 and, in some
 instances, the child (unmarried and under 21) of the child of a lawful permanent resident 
alien (LPR), and to the spouse of a United States citizen and the unmarried children under
 age 21 of the spouse. Aliens issued these nonimmigrant visas will be permitted to apply
 for admission into the United States as nonimmigrants where they may await the
 completion of the immigration process with their U.S. citizen or LPR family member.  If
 an individual's petition for a V visa or K visa is approved, the alien may continue to
 remain until the application for adjustment of status is approved or denied, or may
 depart to seek the issuance of an immigrant visa at the appropriate consular office
 abroad.

New V Visa Rules The new V visa category is intended for use by certain spouses and
 unmarried children under age 21 of LPRs who have filed second preference petitions
 in their behalf, and by the unmarried children of those principal beneficiaries. A spouse
 who qualifies for V status will be classified as V-1. A petitioned-for child will be
 classified as V-2. A derivative child of either will be classified as V-3. In order to
 obtain classification as a nonimmigrant under V-1 or V-2 the alien applicant must
 establish:

(2) that (a) either the petition in the applicant's name has remained pending
 for a period of three  years or more; or (b) if the petition has been
 approved, that three years or more have passed  since the petition was
 filed and either no visa number has become available, or the alien's
 application for adjustment of status or visa application remains pending
 even though a visa number is available

In order to obtain nonimmigrant classification under V-3, the applicant must establish:

(1)that he or she is the child of a principal alien entitled to classification under V-1 or
 V-2; and 

(2)that they are otherwise eligible for visa issuance under all other applicable 
immigration laws.

When applying for a V visa, the Department states that applicants will need to provide
 more evidence than generally required of nonimmigrants because V visa applicants are 
essentially intending immigrants who will remain in the United States indefinitely. 
 Therefore, like immigrant visa applicants, V visa applicants will be required to present 
evidence to establish that they meet health and criminal background standards by 
submitting a medical examination, a criminal record statement and having their name
 submitted to the FBI for a records check. The Department is instructing consular 
officers to issue visas to qualified applicants for the usual maximum full validity period
 of ten years, subject to issuance for a shorter period due to the possibility of age-out,
 or based upon security concerns or ineligibility waiver limitations. The Department will
 not issue V visas to children who have reached the age of 21 or have gotten married 
since the filing of the underlying immigrant petition.  Also, if a V-2 or V-3 child enters
 into a marriage prior to obtaining adjustment of status the marriage will render a child 
ineligible for adjustment of status as a preference immigrant and may cause termination 
of their legal status in the United States. Since an alien who previously has been 
granted V status by INS in the United States will need a V visa in order to return to the
 United States in that status, the alien will be eligible to apply for a V visa when 
traveling abroad. The procedures for obtaining the visa will remain the same as it is for
 aliens who have not previously been granted V status, however, in most cases the 
alien will not have to undergo a new medical check or police records check since INS 
requires both as a part of the procedure for an alien to change status to V visa status.
  In the comments included with the interim rule, the Department also noted that as of
 March 15, 2001, it has begun sending a special notice about the V visa to all persons
 with second preference (2A) priority dates three years or older for whom it has a 
record in its files at the National Visa Center (NVC). The notice contains important 
information about the V visa and how it may be obtained.

New K Visa Rules

The new K-3 visa is intended for use by a spouse of a United States citizen for whom
 a spousal immediate relative petition has been filed in the United States. Any qualifying
 children of the spouse (under age 21 and unmarried) will be designated K-4. Unlike the
 new V3 category, the child of a child of the spouse or the petitioner is not eligible for 
a K-4 visa.

In order to obtain classification under K-3, the applicant must demonstrate:

(1)that his or her marriage to a U.S. citizen is valid;

(2)he or she is the beneficiary of a spousal immediate relative immigrant visa petition
 (I-130);

(3)he or she is the beneficiary of an approved nonimmigrant visa petition (filed by the
 US citizen spouse using INS form I-129F) in such form as the INS determines is 
appropriate for the purpose of the issuance of a K3 visa;

(4)and that he or she 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 alien must establish that he or she is the 
child of an alien entitled to K-3 classification.

Also, the K visa applicant must apply for the visa at the US Consulate in the country in
which themarriage to the US citizen took place.  If the marriage took place in the US, 
the applicant must apply at the US Consulate in the alien spouse's country of residence.

Under the new rule, a qualified individual is only able to apply for a K nonimmigrant visa 
as long as the individual'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 I-130 petition has been received at the consular post at which the visa 
application must be filed.  Therefore, if the petition has been received at 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.  If the approved immigrant petition has not been 
received by the consular post, the individual can proceed with their K visa application.

In the case where a petition has been approved, but it remains at the National Visa 
Center for pre-processing, individuals will be given the option to obtain a K visa or have
the petition forwarded to the consular post so the individual can process their immigrant
visa rather than a K visa.  When the alien applies for the nonimmigrant K3 visa he or she
will be asked by the consular officer whether they wish the consular officer to determine
from the NVC whether the approved immigrant visa petition has been received from INS,
and if the applicant wishes, the petition will be forwarded to the consular post for 
immigrant visa processing.

The Department is authorizing the issuance of ten-year multiple entry visas to K-3 and
K-4 visa recipients, except in those instances in which the limitations of age (aging-out),
security concerns or ineligibility waiver limitations indicate a shorter period of validity is 
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.