K VISA FEE TO INCREASE TO $350 FROM $131

[effieb 1]

From $131 to $350 is more like a 267% percent increase in fees, actually. It's ridiculous! I've made my comment on the regulations.gov website. I hope others will submit their comments, given that we have the opportunity.

Ummm no. Think your math is a little off. 10% of $131 = $13.10. Therefore, a 10% increase on $131 = $131.10+$13.10=$144.20. Based on that math, a 100% increase = $131+$131=$262. Just as if something is on sale for 10% you subtract the 10% amount from the INITIAL amount, with an increase you ADD the % increase to the initial amount.

A 200% increase on $131 would be initial fee ($131) + $131 (100% increase) + $131 (2nd 100% increase) = $393... therefore your 267% just doesn't compute... out of interest. (plus there's a table on the link that actually SAYS 167% increase)

Either way, it is bullshit. Thanks for the info. I've finished K1 and am about to start on AOS, I hope we get in before they decide to increase THAT already exorbitant fee.

question what about if your interview date is in February and you have already paid the $131.00

[Moonandstar 6]

Good advice. But i would think it might also help to mention to them that this process is already extortion for us, and that K visa applicants already have enough fees on hand, No?

I hope you were only joking about mentioning extortion. Although I can empathize with the feeling, I don't see how that could possibly be a helpful comment to leave.

Well, i don't mean you should put it the way i did!

But when i left my comment, i pointed out that the K visa is already the most expensive marriage-based visa, especially seeing as we have to meet a $1000+ AOS fee upon arrival. In my opinion, if the DOS needs more money to process K visas, that's where it should come out of. (Not that it should be a higher AOS fee, mind you, just that DOS should be asking for half of that check, rather than a new one.)

[Moonandstar 6]

I didn't read the whole article - my brain just couldn't process it just now - but is there a justification as to why K class visas are increasing so much more than other classes? I agree that the AOS fee is more worrysome, if that increases by 167% then OMG!! I knew that there were fee increases pending, but I wholeheartedly assumed it would simply be in line with inflation.

Here's their 'logic' for the K visa:

[[Page 66078]]

In addition, the 2007-2009 CoSS found that the cost of accepting,

adjudicating, and issuing MRV applications for the following categories

of visas is appreciably higher than for other categories: E (treaty-

trader or treaty-investor); H (temporary workers and trainees); K

(fianc[eacute](e)s and certain spouses of U.S. citizens); L

(intracompany transferee); O (aliens with extraordinary ability); P

(athletes, artists, and entertainers); Q (international cultural

exchange visitors) and R (aliens in religious occupations). Each of

these visa categories requires a review of extensive documentation and

a more in-depth interview of the applicant than BCCs and other

categories of MRVs. The Department has concluded that it would be more

equitable to those applying for BCCs and other categories of MRVs, for

which such extensive review is not necessary, to establish separate

fees that more accurately reflect the cost of processing these visas.

Therefore, this rule establishes the following fees for these

categories corresponding to projected cost figures for the visa

category as determined by the CoSS and incorporating the $1 Wilberforce

surcharge (see Wilberforce Act, Public Law 110-457, Title II, Sec.

239(a) (surcharge applies to all nonimmigrant MRVs)):

H, L, O, P, Q and R: $150.

E: $390.

K: $350.

But i would argue that the "additional processing" should be done at the USCIS. Otherwise, what are we paying them for? And besides, K visa interviews generally last only minutes longer than B visa interviews, from what i see.

Does anyone have and idea of what type of comments we should make in the email we send and is it only the USC whom can comment since it's a US government issue?

I think that as many people can make comments about this should. There's no requirement on the page asking for a SSN or passport number. I think if you are a USC, then it might help to mention that. When i wrote my comment, i mentioned that i was currently waiting on my I-129F at VSC.

Yes, but a K-visa already costs an extra $455 compared to a B-visa. A B visa costs $131 and that's it.

Exactly!

[Tsaria 0]

http://www.chron.com/disp/story.mpl/specia...on/6719789.html

Bear in mind that USCIS cannot just unilaterally implement a fee increase. Congress must approve one. That is why the process takes some time.

This maybe one time I am thanking the gods for congress...but I say that very very quietly.

[Tsaria 0]

Just reading through this quickly...it makes me very irrate about the fee increases and tomorrow first thing I am writing to submit my opinion to those lovely people in charge. But I find it very fascinating that this is going all while at the same time a major issue for 2010 will be proposed amnesty legislation for illegal aliens. Now the purpose of me mentioning it is not to raise a political debate on whether or not mexican citizens should get this. My opinion is very simple, we all should have to go about this in the same manner. Painful as it maybe. But why should all those people who skipped by the rules get citizenship free and clear, while the rest of us pay and pay and pay. It's such a frustrating situation.

here is the link to an article on the topic. again, please ignore the political nature. I only provide the link as a reference to the proposed legislation.

Amnesty Proposal for illegal aliens

[Tsaria 0]

Just reading through this quickly...it makes me very irrate about the fee increases and tomorrow first thing I am writing to submit my opinion to those lovely people in charge. But I find it very fascinating that this is going all while at the same time a major issue for 2010 will be proposed amnesty legislation for illegal aliens. Now the purpose of me mentioning it is not to raise a political debate on whether or not mexican citizens should get this. My opinion is very simple, we all should have to go about this in the same manner. Painful as it maybe. But why should all those people who skipped by the rules get citizenship free and clear, while the rest of us pay and pay and pay. It's such a frustrating situation.

here is the link to an article on the topic. again, please ignore the political nature. I only provide the link as a reference to the proposed legislation.

Amnesty Proposal for illegal aliens

oh wait. read it a bit more, they will have to pay back taxes, etc. so its not entirely free...actually reading it. sounds like the process for them will not be much different than what we are already doing. good grief.

[toma1 10]

The comparison to extortion is very accurate although it may not help to mention it. It's not as if the government is offering you a service. It's more like protection money. You pay them to get out of your way so that your family can be together.

[Moonandstar 6]

Just reading through this quickly...it makes me very irrate about the fee increases and tomorrow first thing I am writing to submit my opinion to those lovely people in charge. But I find it very fascinating that this is going all while at the same time a major issue for 2010 will be proposed amnesty legislation for illegal aliens. Now the purpose of me mentioning it is not to raise a political debate on whether or not mexican citizens should get this. My opinion is very simple, we all should have to go about this in the same manner. Painful as it maybe. But why should all those people who skipped by the rules get citizenship free and clear, while the rest of us pay and pay and pay. It's such a frustrating situation.

here is the link to an article on the topic. again, please ignore the political nature. I only provide the link as a reference to the proposed legislation.

Amnesty Proposal for illegal aliens

Yea i've seen more about the bill that's part of. I think its more than a mere coincidence that this is coming up at the same time as that.

[Filipina Lover 1]

That really makes me mad, that is totally uncalled for. That is saying they hate Americans marrying foreigners and they are going hurt us. Just look at the fees already, when I did this years ago, it was under $1000 for everything, now it's over $3000 and they want to raise it more.

This is no different than the mafia going door to door to businesses and telling them to pay up if they want protection. How about a reduction in pay for them, how about we reduce their pay by 50%, since America is broke, they need to do their part and help out. It's supposed to be we the people and they work for us and then they do this back to us, their boss.

Can we complain as citizens, because the form say something about selecting a government agency and type and I don't know what to put.

I just hope I can get through this before the increase happens, but it's not fair to others.

[Moonandstar 6]

That really makes me mad, that is totally uncalled for. That is saying they hate Americans marrying foreigners and they are going hurt us. Just look at the fees already, when I did this years ago, it was under $1000 for everything, now it's over $3000 and they want to raise it more.

This is no different than the mafia going door to door to businesses and telling them to pay up if they want protection. How about a reduction in pay for them, how about we reduce their pay by 50%, since America is broke, they need to do their part and help out. It's supposed to be we the people and they work for us and then they do this back to us, their boss.

Can we complain as citizens, because the form say something about selecting a government agency and type and I don't know what to put.

I just hope I can get through this before the increase happens, but it's not fair to others.

==

Here is what I did. Go to the following website (http://www.regulations.gov/index.cfm) and enter "RIN 1400-AC57" in the search box. At the bottom of the next screen you'll see 2 documents found. At the far right line for the document "Schedule of Fees for Consular Services..." there is a little link to "Submit Comments". Regardless of your citizenship, you can make comments. I recommend *BOTH* the US Citizen and their proposed Fiance/Fiancee make comments.

It is very important in the fields for "Government Agency Type" and "Government Agency" that you select "Federal" and "Department of State" respectively.

Below is the exact comment I left on that site and also on the website for the Senators and Representatives of my state. Feel free to use it entirely or as a basis for your own comment but please change your name, state, and citizenship at the bottom.

** Make sure to reference "RIN (1400-AC57)" in the subject line!!! **

Subj: RIN: 1400-AC57

I'm writing in opposition of the proposed increase in fees, in particular the K-type visa. The current fee rate of $131 to the proposed fee rate of $350 is a $229 which represents an unbelievable 167% increase in fees. A similar 198% is being applied to the E-type visas. These 2 types represent 79,811 applications based on FY2009 actuals.

With respect to all the other proposed rate fees for visas contained in RIN: 1400-AC57, (visa types: H, P, L, O, Q, R) a $19 increase representing a 15% increase of fee is being proposed.

The non-petitioned based visas (except E-types) despite having the largest volume of applications (5,499,494 based on FY2009 actuals) will be increased from the current fee of $131 dollars to the proposed fee of $140 which represents a $9 or 7% increase in fees.

I am opposed to this rate increase specifically because it unfairly imposes a more than double the current rate fee increase on a much smaller group of applicants. I feel it is a highly unfair and inequitable practice to propose such an fee increase on a community of applicants that represent only 1/7th of all visa applications.

Respectfully,

Jason E. Dxxxxxx

United States Veteran

Resident of the Great State of Oregon

United States Citizen

[Copperblade 0]

If i had known it was gonna be 167% more expensive come the interview, i would have just ###### myself and gotten married and done DCF!

How does that work? Is that different than K-1?

[Copperblade 0]

Sounds to me like they are increasing the fees on visas which take the least amount of time to process. Also, it sounds like this is a method to try and curb immigration....even if it is being done legally. My fiance's interview is tomorrow...I am nervous as all get out....and now I am fearing how bad that AOS fee is going to be come the early 1/2 of 2010. Ugh! If they increase the AOS fee a lot, it will kill the pocketbook! Crazy.

Is there an alternative (cheaper) way to get permanent residence than filing the AOS?

[Moonandstar 6]

How does that work? Is that different than K-1?

Yes, if you're married, and have been living with your wife in her country for the most recent 6 months, then you are eligible to 'skip' the CIS part and just file with the embassy. Shows you just how important the CIS part is. (for them to make money, that is )

Is there an alternative (cheaper) way to get permanent residence than filing the AOS?

Yes- get married and do a CR/IR-1. No AOS for that.

[K and L 27]

They responded to my comment, but it seems to be a TL;DR canned response from them as it didn't address any of the issues I pointed out in my comment.

The proposed rule would increase the fee for K-category fiancé(e) visas; these visas are technically nonimmigrant visas, although the applicant is expected to marry and convert status within 90 days of entering the United States. The rule proposes raising fees associated with K visas from $131 to $350, specifically because the processing required for such a visa is much closer to an immigrant visa than to most visitor visas [NOTE: Spouses applying for an immigrant visa currently pay the Department of State a $355 application processing fee as well as a $45 immigrant visa security surcharge (items 32 and 36 on the Schedule of Fees)]. Adjudicating a K visa requires a review of extensive documentation and a more in-depth interview of the applicant than other categories of machine-readable visas (MRVs). The Department has concluded that it would be more equitable to those applying for other categories of MRVs, for which such extensive review is not necessary, to establish separate fees that more accurately reflect the cost of processing these visas. Therefore, this rule establishes fees corresponding to projected cost figures for the visa category as determined by the most recent Cost of Service Study. Please be assured that the Department is proposing to increase the fees in question because the actual costs of providing these services have increased since the last Cost of Service Study (2004).

[Moonandstar 6]

I was just about to say the same thing: here's a look from my comment that they responded to Jan 4:

A little different by the looks of em'.

Thank you for your comment. Please note that the proposed fees apply to nonimmigrant visa services, not immigrant visas. Spouses, children and parents applying for immigrant visas to the United States currently pay the Department of State a $355 application processing fee as well as a $45 immigrant visa security surcharge (items 32 and 36 on the Schedule of Fees).  These fees are in addition to petition fees paid by the U.S. citizen relative to the Department of Homeland Security.



The proposed rule would increase the fee for K-category fiancé(e) visas; these visas are technically nonimmigrant visas, although the applicant is expected to marry and convert status within 90 days of entering the United States.  The rule proposes raising fees associated with K visas from $131 to $350, specifically because the processing required for such a visa is much closer to an immigrant visa than to most visitor visas.  Adjudicating a K visa requires a review of extensive documentation and a more in-depth interview of the applicant than other categories of machine-readable visas (MRVs).  The Department has concluded that it would be more equitable to those applying those  other categories of MRVs, for which such extensive review is not necessary, to establish separate fees that more accurately reflect the cost of processing these visas. Therefore, this rule establishes fees for these categories corresponding to projected cost figures for the visa category as determined by the most recent Cost of Service Study.  Please be assured that the Department is proposing to increase the fees in question because the actual costs of providing these services have increased since the last Cost of Service Study (2004).	



I hope this clarifies the issue and addresses your concerns.

And for what it's worth, my response:

Yes, i understand that the department may find the K visa fees at the consular level a bit low, but the emphasis of what I'm saying is that K visa applicants already have too many fees that must be paid, that are pricing many of us out of immigration.

When you look at immigrat visas, on the other hand, they get to skip the USCIS's $1000+ AOS fee later on. Making them more affordable than the K class non-immigrant visas- regardless of a higher MRV processing fee.

I would hope that the Department realize that it may be more economically 'wise' to keep these overall prices on visas lower, so that in turn, there are more immigrants inbound the USA, which in turn means more taxes paid, and in the long run: more money earned. Especially concerning the already most-expensive visa categories- when totaling the end cost to the applicants- rather than just the DOS' internal prices.

Edited January 6, 2010 by Moonandstar