The K-1 fiance visa has been a popular visa category for those who have an alien loved one whom they wish to take back to America. In the year 2009, the K-1 visa process remained largely unmodified when comparing it to the process in the year 2008. That being said, there might be statutory modifications in store for the K1 fiance visa in 2010. This article looks at the possible changes that couples could expect to encounter in 2010.
For those unfamiliar with the K1 visa process the following is a brief synopsis:
First, a K1 visa petition is filed by a US Citizen fiance at a USCIS Service Center in the United States. USCIS adjudicates the petitioner and, if approved, forwards it on to the National Visa Center. The National Visa Center conducts a security clearance and forwards the case on to the US Embassy or US Consulate overseas. In Thailand, virtually all K1 visa applications for those in Thailand are adjudicated at the United States Embassy in Bangkok. Consular Officers at the American Embassy will initiate a visa interview and, assuming the application is approved, issue the K-1 fiancee visa.
For the most part, this process will likely remain unchanged for most couples in this new decade. However, a recently proposed rule from the United States Department of State would increase the United States Embassy processing fees. A current proposal would raise these fees from one hundred and thirty-one to three hundred and fifty dollars. By most estimates, a fee increase of $220 is significant. This may have an impact upon those who even opt to file for a K1 visa as this $350 Consular Processing fee could prove to be prohibitively expensive.
Another change that could occur in 2010 involves Comprehensive Immigration Reform. At present United States legislators and the President are discussing ways of overhauling the American Immigration system. Some have pondered if these changes to the American Immigration system will impact the visas categorized as “K” under the US Immigration and Nationality Act. In this author’s opinion, 2010 will not likely see major changes to the K1 fiancee visa process, but by being prepared for upcoming legislation petitioners, attorneys, and applicants will be able to foresee possible problems before they come up.
(Please be advised that the above post should not be taken as a sufficient substitute for individualized legal advice from a competent licensed lawyer. The above information is for general purposes only and should not be construed as advice regarding a specific set of factual circumstances. For those wishing to learn more information about American Immigration, it may be prudent to contact a licensed American Immigration lawyer.)
