Are you considering bringing your loved one to the United States or joining your partner in the United States? Navigating the US immigration system can be a challenging task, especially when it comes to choosing between a spousal or fiance visa. To help you make an informed decision, let’s explore the key considerations to consider when deciding between these two visa options.
Spousal Visa vs. Fiance Visa
If you are engaged as a US citizen, you can apply for a fiance visa. This visa allows you to enter the United States to get married to your sponsoring partner within 90 days. Once married, you can file for a green card to become a lawful permanent resident.
On the other hand, if you are already married to a US citizen or a green card holder, you are eligible for a spousal visa. This visa allows you to directly apply for a green card as the spouse of a US citizen or green card holder. The process differs slightly depending on whether your spouse is a US citizen or a green card holder, but both options lead to obtaining permanent residency in the US.
Considerations for Making the Right Choice
While there are similarities in the application processes for spouse and fiance visas, several factors need to be considered when choosing the right option for you and your partner. Timing is a critical factor, especially in light of the current processing times ranging from one to two and a half years. Additionally, having realistic expectations and planning for potential delays in the immigration process is important.
Furthermore, the ability to work upon entering the US is a crucial consideration. Fiance visa holders may not be eligible for immediate work permits, whereas those on a spousal visa can work immediately upon entering the US.
Another important factor to consider is whether you have children who will be included in the immigration application. The process for adding children differs between fiance and spousal visas.
Making an Informed Decision
At the core of the decision-making process, it is essential to align the choice of visa with your circumstances and goals as a couple. Whether you prioritize the ability to work immediately, have children to include in the application, or have a strong preference for being physically together and getting married in the US, these factors should guide your decision.
Final Thoughts
Selecting the right visa for US immigration is an important decision that requires careful consideration and often the guidance of an experienced immigration attorney. While timing, work permissions, and family considerations play a significant role in this decision-making process, ultimately, the choice should reflect what best aligns with your relationship and individual circumstances.
Seeking personalized guidance tailored to your unique situation from a qualified immigration attorney can provide essential support and clarity as you navigate the complexities of the US immigration system.
Understanding the key differences between spousal and fiance visas, seeking professional advice, and keeping realistic expectations in mind will help you approach the immigration process with confidence and preparedness.