K1 Fiancee Visas
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 2009, the K1 visa process remained largely unchanged when compared to 2008. However, there may be changes in store for the K1 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 initial petition and, upon approval, sends the case file on to the National Visa Center (NVC). The National Visa Center conducts a security clearance and forwards the case on to the US Embassy or US Consulate overseas. Nearly all K-1 fiancee visa applications for those resident in Thailand are adjudicated at the American Embassy in the capital city of Bangkok. The Consular Officers at the United States Embassy will conduct a visa interview and, if the application is approved, issue the K1 visa.
Overall, the above outlined process will likely remain the same for most couples in 2010. Although, a recently recommended rule from the American State Department would increase the US Consular processing fees. A currently pending proposal would raise such fees from $131 to $350. From nearly anyone’s perspective, a fee increase of $220 is substantial. 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. Currently, United States Senators, Congressmen, and even the President are discussing ways of reforming the US 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 note, the above article should not be viewed as a sufficient substitute for individualized legal advice from a competent licensed attorney. 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.)
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