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Us Immigration: Increasing Processing Fees

This article attempts to briefly analyze recently announced application fee increases

for certain non-immigrant visa categories and possible future fee increases for American immigration petitions submitted to the United States Citizenship and Immigration Service (USCIS).

Recently enacted rules by the American State Department have resulted in increased fees for those applying for K-1 and K-3 visas, and their derivative counterparts, abroad. In the past, application fees for K category visas were $131. Under the recently promulgated rules, K visa applicants must pay 350 USD when applying for a K1, K2, K3, or K4 visa at a Consulate abroad. The apparent reason for the fee increase is due to the fact that the State Department seems to feel that more resources are necessary to effectively process certain non-immigrant visa applications. Many are of the opinion that increased fees will also be used to assist in the Department of State's ongoing efforts to uncover fraud in the American Immigration process.

Although the Department of State and the Department of Homeland Security (the agency which has jurisdiction over the United States Citizenship and Immigration Service commonly referred to by the acronym USCIS) are two different government agencies they both have a role in the United States Immigration process. For example, in K1 visa cases, USCIS is tasked with adjudicating the initial K1 visa petition. After USCIS approval, the K-1 visa petition is sent to the National Visa Center (under the jurisdiction of the American State Department) where the case is forwarded to the Embassy or Consulate with proper jurisdiction. Upon the arrival of the K1 petition at a US Consulate abroad, the proposed beneficiary of the K1 visa must submit a K1 visa application and be subjected to a K1 visa interview. Should the application receive approval, the K-1 visa holder must then travel to the United States within 180 days and request admission at the Customs and Border Protection Service (USCBP, also under the jurisdiction of the Department of Homeland Security) at an American port of entry.

After arriving in the United States and marrying the petitioner, the K1 visa holder will have 90 days in which to apply for an adjustment of status to lawful permanent residence.


The process of obtaining a K1 fiance visa can be complex and time consuming. There are those who hope that an increase in petition and application fees will result in a quicker, more streamlined process. That being said, each US Immigration case is unique and it is difficult to foresee all possibilities in each and every US Immigration petition and/or application.

by: Ben Hart
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