K-3 Nonimmigrant Visa for a Spouse

The K-3 nonimmigrant visa is for the spouse and children of a U.S. citizen who seek to enter the U.S. while awaiting approval of an immigrant I-130 petition filed by the U.S. citizen spouse.  A foreign citizen who marries a U.S. citizen outside the United States must apply for the K-3 visa in the country where the marriage took place. Upon approval of the I-130 petition, the K-3 visa holders can subsequently apply to adjust status to a permanent resident with USCIS. K-3 status terminates 30 days after the denial of the I-130 or Adjustment of Status.

Children of a K-3 Status Holder

Eligible children of K-3 visa applicants receive K-4 visas. If the children accompany or follow to join the K-3 status holder within one year of the date of issuance of the K-3 visa, separate petitions are not required. If the children travel more than one year after the date of the K-3 visa issuance, separate immigrant visa petitions will be needed. Children may still travel on the K-4 visa even if the K-3 visa parent has already adjusted his/her status.

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