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. 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 not familiar with the K1 visa process this is a short overview:
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. In Thailand, virtually all K1 visa applications for those in Thailand are adjudicated at the United States Embassy in 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. By most estimates, a fee increase of $220 is significant. This might have an affect upon those who decide to file for a K-1 fiance visa as this three hundred and fifty dollar Consular Processing fee could turn out to be a prohibitive expenditure.
Another possible change in 2010: 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 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 interested in information about United States Immigration, it may be best to contact a licensed American Immigration attorney.)
