QUESTION
Is it faster to get a visa as a fiance or husband?
Asked on Apr 26th, 2012 on Immigration - New Hampshire
More details to this question:
My fiance and I been together for 5 year and have 1 kid, he got arrested by immigration and then has a voluntary deportation, I just got my citizenship and I was told that if I ask him as my fiance it will be faster than get married and then ask him as my husband.
11 ANSWERS
How long is he barred from reentering the US? If he is going to be applying for a waiver of that bar, it can only be granted if he has a US citizen spouse so you would have to be married in order for him to show that.
Answered on May 16th, 2012 at 12:05 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Yes, a fiance visa is faster. However, it may costs more money in the long run, because you will need to file for his green card after he arrives.
Answered on May 10th, 2012 at 5:02 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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What you were told can be true under a normal circumstance. However, different routes and actions apply to this case if there was an order of voluntary departure.
Answered on May 10th, 2012 at 3:10 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Was your husband in the US illegally for over 6 month? If so, he will need a waiver. Therefore, the process will not be speedy. If a waiver is required it is better to marry him.
Answered on May 10th, 2012 at 1:08 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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He will most likely not be granted the fiance visa given his immigration history.
Answered on May 09th, 2012 at 1:59 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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He will now have a deportation bar and probably the 10 year bar for unlawful presence. It is more complicated than merely which is faster.
Answered on May 09th, 2012 at 1:48 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Ideally, the fiance petition is supposed to be faster because of the easier requirements but in practice the difference is not always that great. I have had fiance cases that were processed quickly and then I have had cases where the processing time was about the same as for a spouse. In your case however, it appears as if your husband may be subject to the 3 or 10-year bar for having been unlawfully present in the US in excess of 6 months or 1 year, respectively. If that is correct, he may need to file a waiver on form I-601. But to qualify for the waiver, he must establish extreme hardship to a spouse or his parent who are residents or citizens of the US. These cases are difficult and require a lot of documentation. I highly recommend you hire an attorney to help you navigate the immigration process here.
Answered on May 09th, 2012 at 1:48 PM
2 Awards
Normally a person can receive a fiance visa more quickly than a spousal visa. In your case, your husband may need a waiver of the time he may have been in the U.S. without authorization. You should consult with an attorney to understand the waiver process and to evaluate if your husband is subject to any other grounds of inadmissability which could prevent him from getting a visa.
Answered on May 09th, 2012 at 1:33 PM
Rebecca T White
There is a lot more to your question than an email can answer. The reason for your fiance being arrested by ICE will be an issue (simple overstay, or a criminal charge), and if he has already accepted voluntary departure instead of remaining to adjust through marriage. You need to set a consultation with an immigration attorney. A fiance visa may be somewhat faster in general, but it may not be a realistic option for you.
Answered on May 09th, 2012 at 1:33 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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First you have to find out if he is subject to the 10 year bar due to his unlawful presence in the US. If so he will need waiver. In that case I think you better marry him first then file I-130.
Answered on May 09th, 2012 at 1:33 PM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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A fiance visa is only valid for 90-days and would not necessarily be any quicker to process so you would only really have the spousal application available. However, depending on the reason for the deportation order he may face problems obtaining permanent residency (green card) without first applying - and receiving - a waiver. You will need to meet with a local immigration lawyer to discuss the details of the case and come up with an approach that will work for your circumstances.
Answered on May 09th, 2012 at 1:26 PM