American Immigration 2010: The K-1 Fiancee Visa

The K-1 fiance visa has been a highly utilized travel document in 2010

. Those Americans who have a foreign loved one whom they wish to bring back to the United States can use the K1 visa to allow their fiance to stay for up to 90 days in the USA. In the year 2009, the K-1 visa application process remained largely the same when compared to 2008. With that in mind, there may be changes in store for the K1 visa in 2010. This piece looks at things that Thai-American couples could expect to be faced with 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 (NVC) is under US State Department jurisdiction and is responsible for conducting security clearances and forwarding case files on to the Embassies or Consulates abroad. In the Kingdom of Thailand, nearly all K-1 visa applications for Thai Nationals or other foreign nationals residing in Thailand are adjudicated at the American Embassy in Bangkok. The Consular Officers and State Department Personnel at the US Embassy will carry out a visa interview and, if the visa application obtains approval, issue the K-1 visa.

Overall, the above outlined process will likely remain the same for most couples in 2010. That being said, a recently proposed rule from the American State Department would likely increase the American Embassy Consular Processing and visa interview fees. A current proposal would raise these fees from one hundred and thirty-one to three hundred and fifty dollars. For most people, a fee increase of $220 is substantial. 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 information imparted above is for general research purposes exclusively and shouldn't be viewed as specific advice regarding an individual set of factual circumstances. For those who are interested in obtaining information about United States Immigration law, it might be optimal to make contact with a licensed United States Immigration lawyer.)

by: Ben Hart

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