The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States citizen.
This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. A foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.
A K-3 visa holder’s authorized stay automatically expires 30 days after any of the following events:
- USCIS denies or revokes the Form I-130 visa petition
- USCIS denies a Form I-485 filed by the K-3 nonimmigrant or Department of State denies the immigrant visa application filed by the K-3 nonimmigrant
- Termination of the marriage through divorce or annulment
Applicants presently in the United States in a K-3 nonimmigrant classification may travel outside the United States and return using their K-3 nonimmigrant visa.
K-3 nonimmigrant visa holders cannot change status in the United States to another nonimmigrant visa category.