K Visa Application Fees Set To Increase

The following article discusses the recent announcement of fee increases for those

seeking non-immigrant K visas for alien loved ones residing overseas.

American Immigration law is an extremely opaque area of jurisprudence as it is fundamentally driven by statute rather than the common law. Many of those who are seeking Immigration benefits are confused by the seemingly arbitrary rules and regulations. This attitude is often held by those who are dealing with the back end of the process at American Consulates overseas as the time differences as well as the Consulate's local rules can be confusing to those dealing with the Immigration process for the first time.

Recently, the Department of State announced that the current fees for K visa applications will be increased. To quote the American State Department directly, "The application fee for K visas for fiancé(e)s of U.S. citizens will be $350."* In the past, the fee associated with Consular Processing of K visas was $131. Apparently, the surplus revenues generated by the increase in fees are to be used to streamline the overall visa process through use of additional resources and staff.

For the most part, the fee increase will only impact those with an alien fiance(e) and not those with an alien spouse. This is due to the fact that the United States National Visa Center recently announced that they will no longer process K3 visa applications if the underlying visa petition for an Immigrant Visa has already been adjudicated by the United States Citizenship and Immigration Service (USCIS). The policy of "administratively closing" K3 visa applications has, in this writer's view, lead to a relative decrease in the amount of K3 visa applications being adjudicated by US Embassies and Consulates overseas.

It ought to be noted that the initial charges associated with K1 visa petitions remain the same. The United States Citizenship and Immigration Service (USCIS), under the jurisdiction of the American Department of Homeland Security (DHS) which is a separate agency from the American State Department, currently charges $455 to process an I-129f petition for a foreign fiance. Presently, I-129f petitions for K-3 marriage visas are being adjudicated by USCIS at no charge. That being said, in order to properly file an I-129f petition for a K3 visa the petitioner must first file an I-130 petition which necessitates the remittance of $355 in processing fees. In practical terms, relatively few, if any, K3 visa applications are currently being processed due to the National Visa Center's "administrative closure" policy regarding K-3 applications.

K visa applicants are not the only applicants who will be impacted by increased fees. Certain other non-immigrant visa categories are expected to have a fee increase. To find out more information about the forthcoming fee increases please see: http://manila.usembassy.gov/wwwh3023.html

*http://monterrey.usconsulate.gov/pd_pr_05212010_visa.html

by: Ben Hart

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