Q: I am looking to marry a gentleman who is Lebanese. Would it be quicker to get his visa as a Fiance' or a Spouse?
We are debating which would be the smoothest/quickest option and am finding conflicting information. We have no issue hiring an immigration lawyer but I just want to make sure we take the route that is quickest without causing future roadblacks.
A:
The process of bringing a foreign fiancé or spouse to the United States can be complex, and the quickest option may depend on your specific circumstances. However, in general, the K-1 fiancé visa process is often faster than the immigrant visa process for a spouse.
1. K-1 Fiancé Visa:
- You file Form I-129F, Petition for Alien Fiancé(e).
- Once approved, your fiancé applies for the K-1 visa at a U.S. embassy or consulate abroad.
- After entering the U.S., you must marry within 90 days.
- After marriage, your spouse applies for adjustment of status to obtain a Green Card.
2. Spouse Visa (IR1 or CR1):
- You get married first, either in the U.S. or abroad.
- You file Form I-130, Petition for Alien Relative.
- Once approved, your spouse applies for an immigrant visa at a U.S. embassy or consulate abroad.
- After entering the U.S., your spouse is a permanent resident (Green Card holder).
The K-1 process is generally quicker because the I-129F petition typically has a shorter processing time than the I-130 petition for spouses. However, the adjustment of status process after marriage can take several months.
It's essential to consult with an experienced immigration attorney to evaluate your specific situation and determine the best course of action. They can help you navigate the process, prepare the necessary documentation, and avoid potential roadblocks.
Keep in mind that processing times can vary depending on the workload of USCIS and the U.S. embassy or consulate handling your case. Additionally, factors such as the thoroughness of your application and supporting evidence can impact the processing time.
A: Currently, the Fiancé visa pathway has a wee bit faster processing speed than the spousal visa pathway.
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