The K1 Fiance Visa in 2010

							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 article looks at the possible changes that
couples could expect to encounter in 2010.

For those unfamiliar with the K1 visa process the following is a brief synopsis:

First, a K1 visa petition is filed by a US Citizen fiance at a USCIS Service Center in
the United States. 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 Embassy or 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. However, a recently proposed rule from the United States Department of State
would increase the United States Embassy 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 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 note, the above article should not be viewed as a sufficient substitute for
individualized legal advice from a competent licensed attorney. 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.)