K1 Visa New Fees

[no name 1]

That is so much more attractive (cheaper, arriving as PR) but going down this road could entail a much longer time apart. I guess I hadn't seen it in fine print yet, that our K1 route will cost at least $500 more CR-1 and cause the fiance(e) all kinds of trouble once in the US. But we will be together through this!

Why will it be more trouble for the fiance once in the US?

[GabachaYucateca 0]

It's much more paperwork and much more waiting....although devilette, I see from your timeline that you've already gone through the paperwork and wait of AOS.

CR1s enter with the GC already and are already work authorized, so no AOS for them. But of course, there's a much longer wait in the beneficiary's home country.

[no name 1]

It's much more paperwork and much more waiting....although devilette, I see from your timeline that you've already gone through the paperwork and wait of AOS.

CR1s enter with the GC already and are already work authorized, so no AOS for them. But of course, there's a much longer wait in the beneficiary's home country.

I realize how CR1s enter the US, but he referred to K3s as well & their paperwork is no lesss than a K1 going through AOS.

[Johnnie Oz 0]

It's much more paperwork and much more waiting....although devilette, I see from your timeline that you've already gone through the paperwork and wait of AOS.

CR1s enter with the GC already and are already work authorized, so no AOS for them. But of course, there's a much longer wait in the beneficiary's home country.

Yep.

It's a choice you have to make: longer wait (CR-1) vs. the hassles of AOS after arrival (K1). Arriving with GC (CR-1) vs. shorter initial processing (K1)

eg. a long wait for GC, the need to get advance parole in case of need to travel and of course, the work situation: trying to get EA stamp at POE, ie JFK, then being unauthorized to work after K1 expires until 1 year EAD is processed etc etc)

Having read a lot of your posts, devilette, I am sure you know this. Is it just that you don't consider AOS etc. "trouble"?

It always depends on the couple's circumstances, but I would agree that being together (hopefully) makes any issues easier to deal with. This is why we are not filing for CR-1, having to be apart for most of that process and leaving the USC and potential immigrant with the burden of dealing with most of the paperwork alone.

We filed K1 together and soon the foreign fiance(e) will leave in order to complete process abroad. This way only one of us is hassled when apart (unless we get a RFE of course) and then we can deal with AOS together.

Been thinking some more about the costs and while we would save $500 on the CR-1 process (filing before July 30th), that money would likely be spent on a plane ticket to visit during the longer process.

The more I think about it, the better it seems for our particular circumstances. We'll see how we feel when the AOS process gets started ....

[no name 1]

Having read a lot of your posts, devilette, I am sure you know this. Is it just that you don't consider AOS etc. "trouble"?

Actually I didn't consider AOS a hassle, at all. We were together! Plus, a lot of forms are similar to the K1 forms so info can be copied over. We even got an RFE, still, no hassle.

We didn't want to get married then live apart so K3/CR1 was never an option for us.

[Johnnie Oz 0]

Having read a lot of your posts, devilette, I am sure you know this. Is it just that you don't consider AOS etc. "trouble"?

Actually I didn't consider AOS a hassle, at all. We were together! Plus, a lot of forms are similar to the K1 forms so info can be copied over. We even got an RFE, still, no hassle.

We didn't want to get married then live apart so K3/CR1 was never an option for us.

Fair points!! It seems we have made very similar decisions and I am very happy to see that your AOS process was not a hassle.

Being together indeed!

Just to clarify, my first post was mostly about K1s vs CR-1s. The (small) point about K3s was that under the new rules, K3s will now get fee waivers for the I-129F, and thus their total fees will be less than the K1. Currently K1 is cheaper. Just curious about this:

Is USCIS reacting to claims that spouses were being given a rawer deal than fiancees? That seems questionable since spouses also have the option of waiting for their CR/IR-1 to be processed. In addition, the K3 visa with its multiple entries and 2 year validity makes it wholly different than the K1.

Sure K1s paid a bit less ($170 vs $190, plus $170 if going for K3) but that additional fee for K3 is for processing a separate petition. Not so odd. However, you could argue that legally wed folks with a pending CR/IR-1 should NOT need a visa to visit. And I guess they don't. The K3 serves many purposes: to visit, start setting up shop (get soc sec nr, open bank accounts) and then return. OR to decide to stay and file for AOS if you're sick of the wait for the CR/IR-1.

[Johnnie Oz 0]

S'more questions, devilette:

based on your timeline, it appears the welcome letter and GC arrived around the time the K1 would expire!

That is pretty quick, no? Were things just smooth back then, before they changed the DCF rules, before H1B deadlines etc?

If that happens in our case, it would be amazing. I mean, JFK as POE and getting the EA stamp. Then having the GC around 3 months later. I'll search for more posts on how you guys managed this - you were obviously very organized

BTW, noticed that you filed for AOS at Cincinnati office. Do you think this played a role?

We will do everything via CSC and Los Angeles offices.

[TimsDaisy 0]

A few months back there were a few threads discussing all the information USCIS released as its Request For Public Comment for the proposed fee increase. That document is still available if anyone wants to read up on USCIS's reasoning.

Briefly - what I remember as their reason: The first thing to understand abotu USCIS is that it is self-funded. That means no one's tax dolllars are paying for our loved ones' processing - we pay for it when we file and pay fees. But it hasn't been enough money. Things got realllly slow and the backlog grew to epic levels. The president stepped in and gave money to help eliminate the backlog. So things are moving along now - in USCIS terms, anyway - but they won't continue to because the presidential extra money is out and there isn't more coming in. So there's one problem.

The second problem is partly PR and partly practical: things get so slow that the agency has to create extra steps to keep people in legal status and get them their benefits. So because a process that was supposed to get done in x months now takes x+y months to complete, there are a bunch of little forms and fees to pay along the way to keep everything straight and legal (think of things like Advance Parole - if you got that GC faster, you wouldn't need it.) Soon, though, it starts to look like USCIS is comfortable on the extra money and has less incentive to speed up processing because they make money via the other fees because of the delays.

The reasoning for the increase, then, lump it all into one payment (which is still less than the piecemeal version of things) and then some of the extra steps - if needed - won't have separate fees anymore. Of course, you might be thinking, wait, what if they DO process me faster, aren't I then paying for services I won't end up needing?

Yeah, maybe. But I don't think USCIS can really win, can they?

So the increased fees aren't necessarily designed to make things *faster* than they are now. They will, USCIS hopes, prevent another swell in the backlog and preserve this 6 month "goal" time on things that we're concerned about - which, if you read the proposal, you'll see is, in reality, an average of 2.9 months processing time for the I-129F.

That's a really rough overview and I can safely say there's probably a lot of holes in it, but I think it's a good round-up of "What Were They Thinking: The USCIS Edition."

[no name 1]

S'more questions, devilette:

based on your timeline, it appears the welcome letter and GC arrived around the time the K1 would expire!

That is pretty quick, no? Were things just smooth back then, before they changed the DCF rules, before H1B deadlines etc?

If that happens in our case, it would be amazing. I mean, JFK as POE and getting the EA stamp. Then having the GC around 3 months later. I'll search for more posts on how you guys managed this - you were obviously very organized

BTW, noticed that you filed for AOS at Cincinnati office. Do you think this played a role?

We will do everything via CSC and Los Angeles offices.

Well, mostly we got lucky, i think. We had a very short wait, and we even had an RFE. We did not do JFK as a POE though.

I saw another K1 VJ woman (from Romania) filed in Cincinnati around the same time as me & had an interview. Strange. There are 2 current VJers in Cincinnati now who filed AOS. I'm waiting to see if they get interview or transferred (one is from the UK, one if Canadian). I do think being from a non visa-fraud country helps things, contrary to what others may say. PLus, I lived in England for awhile when I met my hubby, does that matter? WHo knows. He also does not have a common middle name, which helps in namechaecks I think.

Sorry to say, but every one who files in LA has interviews. Some are quick tho!

EDIT: The Canadian who filed in Cincy got transferred to CSC. But I see a Russian VJer has an interview next week in Cincy.

Edited May 30, 2007 by devilette

[GabachaYucateca 0]

Sorry, devilette...I just saw the post that you quoted when you asked what extra trouble it would be, and in that quote he only said the CR1, not the K3, so that's what I assumed you were talking about.

[rebeccajo 14]

If you read some of the PDF's from when the fee increase was first floated, you'll read that USCIS is planning to devote a large portion of the AOS fee increase towards a better system for background checks.

In other words, they are gonna pay the FBI more money. The FBI can then devote more staff to the USCIS contract. And hopefully namechecks will clear faster.

[Johnnie Oz 0]

If you read some of the PDF's from when the fee increase was first floated, you'll read that USCIS is planning to devote a large portion of the AOS fee increase towards a better system for background checks.

In other words, they are gonna pay the FBI more money. The FBI can then devote more staff to the USCIS contract. And hopefully namechecks will clear faster.

Any thoughts on the inordinate hike in the K1 fee?

[TimsDaisy 0]

If you read some of the PDF's from when the fee increase was first floated, you'll read that USCIS is planning to devote a large portion of the AOS fee increase towards a better system for background checks.

In other words, they are gonna pay the FBI more money. The FBI can then devote more staff to the USCIS contract. And hopefully namechecks will clear faster.

Any thoughts on the inordinate hike in the K1 fee?

You should read the proposal document I talked about in my previous post in this thread. It has their complete reasoning behind the fee hikes. Now, of course, the reasons they give may not be enough to sway you to their side.

What makes me lean more in favor of the increases (not that it matters, since it's coming anyway), is that USCIS is self-funded. The only way to get it more money (quickly, and without turning it into a greater political football than it already is by putting it through the appropriations process) is to increase the fees that are its sole source of income.