Legal

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 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.

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 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 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 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 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.)