Fiancé Visa or Marriage Visa: Which is Faster?
Why Is a Visa Needed?
If you are a foreign national and getting married to a U.S. citizen, citizenship is not automatically granted once the marriage takes place. This situation means eligibility for a green card through a fiancé visa or marriage-based green card. Which is a faster way to obtain legal entry into the U.S.?
Fiancé Visa
A U.S. citizen engaged to marry a foreign national who wishes to immigrate to the United States can petition to bring their fiancé into the country with a K-1 visa. This visa allows the fiancé to enter the United States and be married within a 90-day window, and then apply for adjustment of status in order to obtain a green card. Currently, the fiancé visa is taking on average approximately one year to be issued and involves an interview at a U.S. embassy or consulate abroad, which can take another six months or even longer be scheduled. After the interview the fiancé visa will be issued, allowing the spouse to enter the U.S.
Spousal Visa
If you are a U.S. citizen married to a foreign national, you can bring your spouse into the U.S. through the spousal visa process. This is currently taking on average 18 to 30 months to complete, depending on the foreign national’s country of residency.
Comparing the Two
A fiancé visa might be your best choice if:
You want to get married in the United States
You are not able to get married abroad
Your fiance does not desire immediate permission to work in the U.S. or to travel abroad once they enter the U.S.
A spousal visa might be your best choice if:
You want your spouse to be a permanent resident when they arrive in the U.S., in order to have permission to work within the U.S. and to travel abroad
Ultimately, the visa you choose to apply for depends on your priorities and your personal situation. Planning ahead is important to avoid delays and extra fees.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.