What is the purpose of the K-3 non-immigrant visa?
The K-3 visa allows alien spouses to enter the United States to await “the availability of an immigrant visa.” While visa numbers are of course not limited for spouses of U.S. citizens, the INS rule requires an alien who enters the U.S. on a K-3 visa to continue to pursue the immigration process by having an I-130 petition or an adjustment of status pending approval by INS. To ensure that K-3 visa holders are actively pursuing immigration, INS will grant only a two-year admission period when the K-3 visa holder enters the United States. INS will also grant employment authorization in two-year increments.
