New USCIS $165 fee

[roger and irasema 0]

Regarding the new $165 USCIS Immigrant Fee To be Charged Starting February 1, 2013, does it apply to k-1 visa(thought k-1 is technically non-immigrant visa category until after change of status step in process)? When or will this fee applicable in the k-1 process?

[melissa-n-alfredo 10]

Regarding the new $165 USCIS Immigrant Fee To be Charged Starting February 1, 2013, does it apply to k-1 visa(thought k-1 is technically non-immigrant visa category until after change of status step in process)? When or will this fee applicable in the k-1 process?

I contacted USCIS, on this matter, for I was confused too. The change is only for immigrant visas and does not apply for K-1, being it is in fact a non-immigrant visa.

[Pinkrlion 2,611]

I contacted USCIS, on this matter, for I was confused too. The change is only for immigrant visas and does not apply for K-1, being it is in fact a non-immigrant visa.

Actually K-1 is an immigrant visa. When it oes into effect, then we will know if K-1 is included. From what I have read it is since it is a isa application processed by USCIS.

Edited December 21, 2012 by Pinkrlion

[KayDeeCee 4,892]

Actually K-1 is an immigrant visa. When it oes into effect, then we will know if K-1 is included. From what I have read it is since it is a isa application processed by USCIS.

No, it isn't. It is a non-immigrant visa and the $165 fee does not apply. It will be charged to those with an immigrant visa in order to process and receive their green card. Someone that enters the US with a K-1 must file for AOS in order to receive a green card. The fee is not for those adjusting status in the US.

[melissa-n-alfredo 10]

Actually K-1 is an immigrant visa. When it oes into effect, then we will know if K-1 is included. From what I have read it is since it is a isa application processed by USCIS.

No, it isn't an immigrant visa and I am copying this from the USCIS website. I am doing this, so that others will not be misinformed, between the 2. Here is what is wrote on the site :

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. An I-129F fiancé(e) petition is required.

[roger and irasema 0]

Thank you for taking the time to answer. I was leaning in that direction because as y'all(TEXAN) pointed out USCIS' website refers to k-1 as non-immigrant visa. I hope to be able to help other as I become confident enough to share what I learn. Currently brushing up on i-134 and i-864 procedures with a co/joint sponsor.

[Darnell 8,478]

from what i could glean out of that uscis notice -

if it's an IR-1/2/5 or CR-1/2

then ya gotta pay before or after hitting a POE

if'n you want to receive a green card in the mail.

For these visa types, the green card is automatically produced after a human runs through a POE.

For a K-1 visa holder (to the best of my knowledge) the only way to get a green card is to file an adjustment of status casefile, and in THOSE fees, the green card production thingie is included.

[Ryan H 3,796]

Actually K-1 is an immigrant visa.

As others have already pointed out, this is incorrect. If a K1 was an immigrant visa, then the Adjustment of Status process would not be necessary for K1 visa holders because Immigrant Visa holders are given green cards on arrival.

[agrabs 237]

As others have already pointed out, this is incorrect. If a K1 was an immigrant visa, then the Adjustment of Status process would not be necessary for K1 visa holders because Immigrant Visa holders are given green cards on arrival.

:thumbs:

k1 is a non-immigrant visa

[mama&papa 2]

I contacted USCIS, on this matter, for I was confused too. The change is only for immigrant visas and does not apply for K-1, being it is in fact a non-immigrant visa.

I read the article in uscis regarding this... it says... those issued K visas are the only visa cases exempt from paying the new fee.

Read..

USCIS Immigrant Fee

The USCIS Immigrant Fee is now in effect.

Any individual who on or after February 1, 2013 receives an immigrant visa package from a United States consulate or embassy abroad (including Canada and Mexico) must pay the USCIS Immigrant Fee.

Children who enter the United States under either the Orphan or Hague adoption programs, Iraqi and Afghan special immigrants, returning residents (SB-1s), and those issued K visas are the only visa cases exempt from paying the new fee.

[Naina01 2]

The information provided below is correct. Here's the link: http://www.uscis.gov/forms/uscis-immigrant-fee

I read the article in uscis regarding this... it says... those issued K visas are the only visa cases exempt from paying the new fee.

Read..

USCIS Immigrant Fee

The USCIS Immigrant Fee is now in effect.

Any individual who on or after February 1, 2013 receives an immigrant visa package from a United States consulate or embassy abroad (including Canada and Mexico) must pay the USCIS Immigrant Fee.

Children who enter the United States under either the Orphan or Hague adoption programs, Iraqi and Afghan special immigrants, returning residents (SB-1s), and those issued K visas are the only visa cases exempt from paying the new fee.