QUESTION

Fiancé visa?!

Asked on Jul 02nd, 2013 on Immigration - Minnesota
More details to this question:
Hi I would like to know if getting a fiancé visa is cheaper and faster than getting petition for spouse?!? We are a lesbian couple who are not married yet but we are looking into getting married soon!
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The question is whether U.S.C.I.S. will extend the Supreme Court’s ruling in the Windsor case to situations not involving a completed marriage act. U.S.C.I.S. may decide that it has no authority to approve a fiancé case involving lesbians at the moment. You may be better off at this stage going through a traditional marriage situation. If U.S.C.I.S. decides that it has the authority, a fiancé visa may be faster, but is not necessarily cheaper as the couple after marriage must put in additional paperwork and fees to U.S.C.I.S. to adjust the fiancé’s status to resident in the country. Normal K-1 fiancé processing usually takes 9 months for the fiancé to enter, and I-130 processing for an immigrant visa after marriage usually about a year. The K-1 fiancé adjustment of status process with U.S.C.I.S. after marriage takes approximately an additional  7 – 9 months. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 12th, 2013 at 5:45 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
A fiance visa is the best way to proceed.  It is not cheaper since you must still apply to adjust status after marrying.  It is faster than waiting for a petition to be approved and waiting for consular processing.
Answered on Jul 05th, 2013 at 12:18 PM

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