K-1 Visa Interview Fees May Rise

American Immigration is complex area of law because it is driven by statute which are periodically subject to sweeping changes

. This piece will briefly look at how a proposed rule may have an impact upon those seeking a K-1, K-2, K-3, or K-4 visa.It has come to this author's attention that there is a proposed rule that originated at the Department of State which would increase the fees for Consular processing of United States dual intent non-immigrant K visas. If the proposed rule is adopted then anyone who makes an application for a visa interview at a United States Embassy or Consulate abroad will need to pay three hundred and fifty US dollars. At present, the price of this same service is $131. Some Immigration attorneys and prospective immigrants are posing the question: how come this fee is being increased so radically?The reason being directly cited by the American Department of State is a need to adjust the fees to a level which accurately reflects the amount of time, resources, and labor expended by State Department personnel in adjudicating such cases. This writer generally agrees with this rationale as he has personally witnessed the assiduous efforts of Consular Officers in adjudicating these applications. Currently, a K-1 or K-3 visa application must be adjudicated by USCIS: the United States Citizenship and Immigration Service, before it will be sent to the National Visa Center (NVC) and ultimately forwarded to the US Embassy or Consulate abroad. Certain petitioners and beneficiaries are laboring under the incorrect belief that the fee paid to USCIS is all inclusive and represents the only administrative fee that needs to be paid in connection with a K1 or K3 visa. In fact, there are other processing fees which need to be remitted. Particularly noteworthy is the Consular Processing fee that needs to be paid to the US Embassy or Consulate prior to the visa interview. This fee is commonly referred to as the "visa interview fee." In many cases, another fee must also be paid in order to obtain a medical examination for the alien fiancee.The proposed rule will probably have a significant impact upon those who are awaiting USCIS adjudication of an I-129f petition (the petition for a K1 fiance visa). These petitioners might be affected because after USCIS processes the petition and it is forwarded on to the appropriate Embassy the rule may have already been enacted thus requiring the petitioner to pay the increased fee of $350. Thus, those submitting an application for a K-1 visa should bear in mind that the Consular processing fee may rise while the underlying application is pending.


K-1 Visa Interview Fees May Rise

By: Ben Hart

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