Those who are unfamiliar with the overall process should first note that all matters pertaining to a US fiance visa must first begin at the American Department of Homeland Security's United States Citizenship and Immigration Service (USCIS). This organization is tasked with adjudicating American Immigration petitions. Their jurisdiction includes US fianc visa petitions as well as US Marriage Visa petitions. There is a somewhat common misconception about the USCIS petition. Some believe that USCIS adjudication is simply a formality. In reality, this agency thoroughly adjudicates immigration petitions in an effort to be certain that the parties are in a bona fide relationship and they are eligible to petition for such benefits. It should be noted that in 2010, the United States Citizenship and Immigration Service instituted a lockbox policy for K-1 visa petitions. As a result, petitions are no longer sent directly to USCIS Service Centers.
Assuming that a couple receives a favorable adjudication from the USCIS, the case file will be forwarded to the United States National Visa Center (under the authority of the State Department). This organization's role is very important during the immigrant visa process, but comparatively less important during the K1 visa process since the NVC's function is essentially to initiate a security clearance and send the case file onward to the United States Mission (Embassy, Consulate, Institute, etc.) abroad with appropriate Consular jurisdiction.
With the file's arrival at a U.S. Mission abroad the proposed beneficiary may prepare to begin the Consular processing phase of the K-1 process. Assuming that a visa application is approved the visa will likely be issued shortly thereafter. In some cases, a Consular Officer's finding of legal inadmissibility may necessitate the further approval by the Department of Homeland Security of an I-601 waiver of inadmissibility or even an I-212 application for advance permission to reenter the United States of America.
In the year 2010, there were few major changes made to the overall process of obtaining a K-1 visa. Although there is some speculation that the I-601 waiver process may see changes in 2011 this has not been substantiated at the time of this writing. Concurrently, health issues relating to communicable disease could be considered an increasingly important priority. This issue can be of particular concern to those individuals processing a visa application in Southern or Southeast Asia since ailments such as tuberculosis seem to occur with more frequency in regions such as these.
2011 may well prove to be a year in which some sort of Comprehensive Immigration Reform (CIR) bill sees passage. Should Comprehensive Immigration Reform's passage occur, the overall processing procedures of all types of visas could be radically altered.
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