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District Court Throws Out K-1 Visa Class Action Suit

admin — Mon, 11 Apr 2011 16:48:42 +0000

A federal district judge in Oregon has thrown out an attempted class action suit brought by K-1 visa applicants.

The K-1 visa petitioners and beneficiaries involved in the lawsuit brought it because of perceived injustices in the K-1 visa process. In particular, the K-1 applicants believe the USCIS and the State Department’s procedures are hindering K-1 applications and delayed adjudications.

The lawsuit was Tran v. Napolitano.

Are Consulates Targeting K-1 Visas?

admin — Tue, 25 Jan 2011 14:48:27 +0000

Is the K-1 fiance visa being targeted by U.S. Consulates? This recent allegation has been made by many couples and immigration attorneys who believe that Consulates are being hostile when interviewing foreign national fiances and fiancees. Whether the K-1 Visa is being targeted is difficult to determine. However, applicants should make sure that they are ready for their consulate interviews and should make sure they adhere to all of the requirements of the K-1 visa process. Preferably, K-1 applicants should retain a K-1 visa lawyer to guide a couple through the process.

The K-1 process is long and drawn out. First, a U.S. citizen must petition the USCIS. Then the immigration agency must send the petition overseas and the K-1 visa beneficiary must attend an interview at a U.S. consulate. Once the interview is held, the Consulate must discern whether to grant the visa or not. If the visa is granted, the K-1 beneficiary must then enter the United States within a limited amount of time.

To make sure you are ready for the K-1 process, please contact a K-1 visa lawyer to gain more information.

Consular Fee for K-1 Visa Interview Increases

admin — Sun, 06 Jun 2010 10:59:19 +0000

Starting June 4, 2010, all K-1 visa applicants will be required to pay a fee of $350 when they apply for a visa interview at their country’s U.S. Consulate. The previous fee cost was only $131.

When a couple pursues a fiance visa (or fiancee visa), the couple must first pay a $455 fee to the US Citizenship and Immigration Services to process their I-129F form. Once the I-129f form is approved, the K-1 visa applicant must apply for a visa interview at his or her country’s U.S. Consulate. At this point is where the couple will need to pay the newly increased fee of $350.

The K-1 visa’s fee increase is apart of a overhaul of all nonimmigrant visa fees by the Department of State (DOS). DOS has created a tiered payment level system, whereas all visa applications previously had a fee of $131. The DOS is justifying the fee increase on the increased costs for completing the necessary security background checks (and other checks) needed before an applicant can be issued a K-1 visa. The K-1 visa fee is the second most expensive fee in the new tiered system.

Unfortunately, this increase only means a couple must come up with additional money in an already expensive process. In addition to the fees mentioned above, a couple will need to pay government fees of over a thousand dollars once the couple is in the United States and married. These increased costs only add to the prudence of retaining a knowledgeable fiance visa lawyer to assist in a K-1 visa case. If a couple makes a mistake, they may be forced to pay some, or all, of these fees again. Guessing along the process just doesn’t pay off.

To read the Department of State’s statement on the fee increase, please visit: http://www.state.gov/r/pa/prs/ps/2010/05/142155.htm.