The Legal Immigration Family Equity Act (LIFE Act) enacted in December 2000 created a new visa category. The new visa expands the current K visa status to include the spouse of a US citizen, who is waiting abroad for an immigrant visa, and the spouse's children, allowing them to enter the U.S., re-unite with their family here, and then apply for immigrant status while in the country.

The foreign spouse's unmarried children under the age of twenty-one can be included in the parent's petition and receive K-4 visas with the same privileges as the parent's K-3 visa. However, if a child is 18 years of age or older at the time of marriage then, although the child can receive a K-4 visa and enter the U.S., that child cannot obtain a green card and become a U.S. immigrant. The child's K-4 visa will simply expire after two years or when the child reaches the age of 21, whichever occurs first.

On June 15, 2006, USCIS published a revised form of the Alien Fiance(e) Petition (Form I-129F) which complies with the requirements of the International Marriage Brokers Regulation Act of 2005 (IMBRA). Under IMBRA, all cases filed after March 6th are required to comply with the new law.

According to USCIS,

The Violence Against Women Act (VAWA) and Department of Justice Reauthorization Act of 2005, of which IMBRA is a part, are designed to continue Congress’s efforts to prevent domestic violence and spousal abuse. Immigrants who have been victims of domestic violence have long benefited from VAWA immigration provisions, which allow abused spouses and children to self-petition for lawful immigration status. Under IMBRA, Congress has further extended those protections by regulating more closely the international marriage broker market and by requiring disclosure of violent criminal history, such as domestic abuse, rape, or murder, of which a fiancée may be unaware.

Specifically, the following new requirements have been added:

• If the US citizen petitioner met his fiancée or spouse through the services of an international marriage broker, he must notify USCIS of that fact.
• If the US citizen petitioner has filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, he must apply for a waiver.
• If the US citizen petitioner has ever been convicted of any of a variety of crimes, certified copies of all court and police reports must be submitted showing the charges and dispositions. If the petition is approved, this information will be provided to the fiancée or spouse beneficiary.

In compliance with IMBRA, USCIS will maintain a database to track repeated petitions for K visas.

The K-1 is filed for people who are not yet married, but plan to marry in the U.S. The K-3 is filed for people who have already married in a foreign country. Processing times are virtually the same. The K-3 may take slightly longer.