Mar 16 2010
The United States Fiancee Visa in 2010
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. That being said, there might be statutory modifications in store for the K1 fiance visa in 2010. This piece explores the possible modifications that couples could expect to encounter in the year 2010.
For those unfamiliar with the K1 visa process the following is a brief synopsis:
Firstly, a K-1 visa application is submitted by an American Citizen fiance at the appropriate USCIS office in the USA. 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.
For the most part, this process will likely remain unchanged for most couples in this new decade. Although, a recently recommended rule from the American State Department would increase the US Consular 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 note, the above article should not be viewed as a sufficient substitute for individualized legal advice from a competent licensed attorney. The information conveyed above is for educational purposes only and should not be viewed as individualized advice regarding a unique set of facts. For those interested in information about United States Immigration, it may be best to contact a licensed American Immigration attorney.)