K-3 Visa

The K-3 Spouse Visa allows a U.S. citizen to bring his or her foreign husband or wife to the U.S. to obtain a green card (adjust status). An application is filed with the USCIS on behalf of the foreign spouse at the applicable Service Center having jurisdiction over the citizen’s place of residence. Following adjudication of the application, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas. After entering the U.S. on a K-3/K-4 visa, the foreign spouse/child would ordinarily file for “Adjustment of Status”, a process in which they convert their K-3 status to that of “Lawful Permanent Resident Status”, more commonly referred to as a green card. This initial residency status is conditioned on the couple staying married if, at the time permanent resident status is granted, the couple has been married for less than two years. The conditional status may be removed after two years by filing a Petition to Remove Conditions on Permanent Residency on form I-751.