The K1 fiancee visa has been a popular travel document for those who have a foreign loved one whom they wish to bring back to the United States. 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 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 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. Nearly all K-1 fiancee visa applications for those resident in Thailand are adjudicated at the American Embassy in the capital city of 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. 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 possible change in 2010: Comprehensive Immigration Reform. At present United States legislators and the President are discussing ways of overhauling the American Immigration system. Some have wondered if these changes to the US Immigration system will impact the K category visas under the 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.)
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