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