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. That being said, there might be statutory modifications in store for the K1 fiance visa in 2010. This piece explores the possible modifications that couples could expect to encounter in the year 2010.

For those not familiar with the K1 visa process this is a short overview:

Firstly, a K-1 visa application is submitted by an American Citizen fiance at the appropriate USCIS office in the USA. USCIS adjudicates the initial petition and, upon approval, sends the case file on to the National Visa Center (NVC). The National Visa Center conducts a security clearance and forwards the case on to the US Embassy or US Consulate overseas. In Thailand, virtually all K1 visa applications for those in Thailand are adjudicated at the United States Embassy in Bangkok. Consular Officers at the American Embassy will initiate a visa interview and, assuming the application is approved, issue the K-1 fiancee visa.

Overall, the above outlined process will likely remain the same for most couples in 2010. Although, a recently recommended rule from the American State Department would increase the US Consular 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 pondered if these changes to the American Immigration system will impact the visas categorized as “K” under the US 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 conveyed above is for educational purposes only and should not be viewed as individualized advice regarding a unique set of facts. For those wishing to learn more information about American Immigration, it may be prudent to contact a licensed American Immigration lawyer.)