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The K1 Fiance Visa in 2010

By Ben Hart

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Published: 02Feb2010
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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.)

Benjamin Hart is licensed to practice law in the United States. He is also the Managing Director of Integrity Legal (Thailand) Co. Ltd. Reach Integrity Legal at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. On the internet please see: K1 visa Thailand or K1 visa.

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