Fiancé Visa vs Spouse Visa

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Green Card through Spouse Visa or Fiancé Visa

If you are thinking to get your Citizenship through marriage, you have to take this decision very carefully because it has so many categories of visas available, you need to review in a systematic manner to find out the eligibility requirements of each one to determine the best option out of Two visas

  • The spouse visa
  • The fiancé(e) visa.

If you are a United States Citizen, you can bring your fiancé(e) to the United States with the intention to marry and live here with a fiancé(e) K-1 visa. The foreign fiancé(e) can travel to the United States with the K-1 visa, and marry their sponsor within the ninety-days’ time frame. After getting married, the foreign citizen can apply for an adjustment of status (AOS -I-485) to become a legal permanent resident with USCIS. The K-1 visa process is relatively fast and speedy than a K-3 or CR-1 visa (for married individuals). The fiancé(e) visa process is about 6 months and becoming a permanent resident thereafter takes about 10.5 months.

In the Spouse visas, you have two options–IR-1 or CR-1 and K-3 visas. You can bring your spouse to the United States by filing a Petition for Alien Relative, I-130, or nonimmigrant visa (K-3). A “spouse” is defined as the legally wedded husband or wife, including same-sex spouses of the United States Citizens and LPRs. In some cases, common-law spouses may qualify for the same benefits. The spousal visa (CR-1) is valid for six months and permits the holder to come to the United States and reside permanently. You don’t need to file an adjustment of status is this visa.

Spouse of Permanent Residents

In some cases, the spouse of a permanent resident will be on a waitlist until the visa or green card becomes available but this waiting period is shorter than other family immigration categories.

Comparison of Fiancé(e) Visa vs Spouse Visa

You must demonstrate proof that you have a bona fide relationship, this requirement has to be filled in both types of visas. With a fiancé(e) visa, you must get married in the United States whereas a K-3 spouse visa is for those who were married outside the country. Individuals who are eligible for a K-3 nonimmigrant visa include:

  • An individual in marriage to the United States Citizen
  • An individual with a Petition for Alien Relative filed by the citizen spouse
  • An individual with an approved I-129F forwarded to the American consulate abroad with the intention of applying for a K-3 or K-4 visa.

A sponsor for a K-4 petition would need a number of documents when filing the petition including:

  • Signed Petition for Alien Relative
  • Evidence of citizenship in the form of a birth certificate, United States. passport, Certificate of Naturalization, etc.
  • Completed G-325A forms for the sponsor and the fiancé(e)
  • Any prior marriage nullification documents
  • Passport size color photos of the spouse and sponsor.

It’s important to keep in mind that the consular officer may request additional information or documentation so it’s best to consult a spouse visa attorney to learn more.

Which is Faster–Fiancé(e) Versus Spouse Visa

While the process is very similar, the benefit of a fiancé(e) visa is that they can join you in the country much faster than with a spouse visa. With that being said, however, the cost is significantly higher for a K-1 fiancé(e) visa.

K-1 Government Filing Fees

The Form I-129F has a filing fee of $535, plus $160 paid to the consulate.

For the immigrant visa, there’s a filing fee of $535 for Form I-130, $325 to the consulate for the DS-260 application, and a financial support fee of $120. To adjust your status, it will cost $1,225 for the Form I-485 fee. Total USCIS fees come out between $980 and $1,760 depending on if you choose through consular processing or adjustment of status.

Income Requirement Differences–Marriage Visas

Regardless of whether you opt for a fiancé(e) or spouse visa, your income (petitioners) income level will be taken into consideration. If you first get married then petition for your spouse to enter the United States., you need to demonstrate that your income isn’t below 125% of the poverty level. Afterward, when your spouse is applying for a green card through an adjustment of status, you’ll have to meet the higher 125% requirement.

Marriage-Based Green Cards

Getting a spouse visa is often a step along the road to a marriage-based green card. The only requirement for this green card is to have a legitimate marriage to the United States. citizen and to be eligible for adjustment of status (meaning that you have not violated your status). Marrying the U.S. citizen is one of the best ways to get a green card due to the fact that you will be considered an “immediate relative” of the citizen, which holds benefits in that there is no annual limit for green cards for immediate relatives and you will not have to wait for a priority date to be current.

Getting a spouse visa is often a step along the road to a marriage-based green card. The only requirement for this green card is to have a legitimate marriage to the United States. citizen and to be eligible for adjustment of status (meaning that you have not violated your status). Marrying the U.S. citizen is one of the best ways to get a green card due to the fact that you will be considered an “immediate relative” of the citizen, which holds benefits in that there is no annual limit for green cards for immediate relatives and you will not have to wait for a priority date to be current.

In fact, you can file the I-485 application to register permanent residence or adjust status at the same time that you file your I-130 for your non-immigrant visa. It usually takes about six months for your I-485 to be processed, so filing them concurrently is the fastest method. During this time, you will likely receive a notice to come in for an interview. If you are outside the United States. The interview will be mandatory when you apply for your marriage-based green card.

Biometrics Appointment

Unless you are under the age of 14 or over the age of 78, you will need to appear for a specific appointment to have your biometrics taken. This involves having the USCIS collect your fingerprints, photos, and signature as well as perform background and security checks on you. Your appointment notice will be sent as a Form I-797C and will require you to go to an Application Support Centre.

Marriage-Based Green Card Interview

Many people are concerned about their interview, but the interviewing officer is only trying to ferret out fraudulent marriages. If your relationship is legitimate, then you only need to speak confidently, clearly, and truthfully. Some questions you might be asked include:

  • What hobbies or interests you and your spouse have in common?
  • When is your anniversary?
  • How are chores divvied up around the house?
  • When did your relationship turn romantic?
  • How long was it before you decided to get married?
  • Who proposed to whom?
  • Did you decide to have a short or long engagement?
  • Why was this decision made?
  • When did you meet each other’s parents?
  • Where was the wedding venue?
  • Who were the bridesmaids and groomsmen at your wedding?
  • When did you meet each other’s parents?
  • Where did you go for your honeymoon?
  • Have you ever been on vacation together? Where?
  • Do you attend a church or religious service? Where?
  • Do you plan on having children?
  • Do you have any children from previous marriages?

Remember to be honest. If you do not know the answer to a question, it is better to say “I don’t know” than to lie. Being denied your green card is a temporary inconvenience. Being caught in a lie can result in far more serious consequences.

If you have children that you would like to accompany you through your status, you can take advantage of the follow-to-join benefits, which will allow them to come with you without having to file a new petition for each child. You can apply for follow-to-join benefits by providing a copy of your green card, your approval notice, your I-130, and the I-797 notice of the action.

You will get a green card if your application to adjust status is approved or the consular officer approves your case. However, you will be issued a conditional 2-year green card, if your marriage was less than two years old when approved. In order to remove the conditions and enjoy all of the benefits of the typical ten-year green card, you must file an I-751 form within 90 days before the end of that initial 2-year period.

If you and your spouse divorce before that time, you may still be able to qualify to have your conditions removed by submitting a “good faith marriage waiver” to demonstrate that your marriage was not fraudulent and that the divorce was either necessary or out of your control.

Stokes Interviews

If the immigration officer detects red flags during the standard interview, you may be summoned to a second follow-up interview called a Stokes interview. During this interview, you and your spouse will be separated into different rooms and interviewed. You will be asked the same questions and your answers will be compared.

For example, if the visa officer asked you when your first date was and your answers differ, you run the risk of failing the Stokes interview and having your visa denied. Knowing the questions that you may be asked ahead of time could help prepare you for the Stokes interview. These questions are often much more specific and difficult to coordinate.

Here is a shortlist of questions you might expect:

  • Where and When did you meet each other the first time?
  • What type of food does your spouse enjoy the most?
  • What type of vehicles have you owned together?
  • Who does most of the cleaning, cooking, and financial planning?
  • Do you own any pets? What kinds? What are their names?
  • How often do you eat at restaurants?
  • What do you both typically eat for breakfast?
  • What is your routine before going to bed?
  • Who is your spouse’s cell phone provider?
  • What types of movies, music, or other entertainment do you both enjoy?

Red flags in your normal interview that could trigger a Stokes interview include avoiding answering questions, hesitating or answering nervously, or answering inconsistently. As long as you answer truthfully and confidently and your case is legitimate, you should have little risk of getting a Stokes interview.

Tips for Your Interview

Here are some ways you can optimize your chances of having a successful interview with the immigration officer and avoid red flags, delays, and denials:

  • Arrive at least half an hour before your appointment time. The earlier the better.
  • Avoid casual or immodest clothes. Always try to dress professionally.
  • Answer questions calmly and clearly. Nervousness or unease may raise red flags.
  • Avoid reciting memorized facts. It will be clear if you and your spouse have rehearsed your answers. Just answer truthfully.
  • Don’t forget the required important documentation to authenticate your relationship.

Post Interview Process

If your interview goes well, then you will need to wait until the USCIS makes a decision on your I-130 petition. If it is approved, then you will receive notice of the action and your spouse’s passport will be sent back with the marriage-based green card inside. This will allow your spouse to enter the United States as an official permanent resident. You can check on how your immigrant case is going, by putting your case number into this Case Status Database.

Fiancé(e) vs Spouse Visa Denial

Having a visa denied can be a difficult situation, but there are steps to take if this happens that may save your case. For both the spouse visa and fiancé(e) visa, rejections work the same. For starters, there is a difference between denial and rejection.

Rejection happens if there was an issue with fee payment or if there was a problem with the petition (incomplete, inconsistent, or missing information). This is often an easy-to-fix situation that simply requires filing a new petition with the mistakes corrected.

Denial, on the other hand, means that the immigration officer reviewing your case decided that a fiancé(e) visa or spouse visa was not deserved. This is likely the result of the interview. If your petition is denied, be sure to take the notice to your immigration attorney who will guide you on what steps to take next.

You may be able to file a motion to reconsider or reopen. In a motion to reconsider, you are appealing to the immigration officer to have them look at your case again. For this to be successful, you must be able to argue from a legal standpoint that the decision to deny your petition was incorrect. A motion to reopen is used if you have new evidence that could shed new light on your case and potentially change the outcome.

Lastly, you may also be able to appeal to a third party, the Administrative Appeals Office, if you believe that your case was incorrectly denied. However, the AAO does not often overturn the decisions of USCIS officers, so you will need to work with an attorney to make sure that appealing is a viable choice.

Your New Social Security Number

Once you become a lawful permanent resident in the United States., you will need to acquire a social security number (SSN). You can request an SSN through your online immigrant visa application DS-260. If you did this, then you should receive your SSN card in the mail within 3 weeks of your arrival as a permanent resident.

If you did not request an SSN with your application, then you will need to visit a Social Security office and apply for a number there. You can only do this once you have a permanent address in the United States, however, you will need to bring your passport or Form I-551 (Permanent Resident Card) as well as your birth certificate. This will also apply for each person that is applying for SSN along with you.

How Our Fiancé(e) and Spouse Visa Attorneys Can Help

Marriage green card immigration attorneys at F4 India help in identifying the best course of action, whether it be through a K-1 fiancé(e) visa or spouse visa. We have successfully handled dozens of cases and have assisted our clients through every step of the process.

From completing the application forms correctly to accompanying you and your spouse to the final immigration interview, we’ve handled it all. The process of sponsoring a relative or soon-to-be spouse can be burdensome but with the help of a qualified attorney, we can help you stay on the right track.

To get in touch with one of our expert attorneys, you can fill out this contact form and schedule your consultation with our office today.

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