- has concluded a valid marriage with a citizen of the United States
- has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person
- seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
- has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse, A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.