United States K1 Visas in the Year 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 the year 2009, the K-1 visa process remained largely unmodified when comparing it to the process in the year 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. 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 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 wondered if these changes to the US Immigration system will impact the K category visas under the Immigration and Nationality Act. It is this author’s opinion that 2010 will not likely see dramatic changes for those seeking a K1 fiancee visa, but by being prepared for upcoming legislation attorneys, applicants, and petitioners will be able to better anticipate possible problems before they arise.

(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.)