Expedite Your Marriage or Fiancée Visa in 2023: A Comprehensive Guide
by David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq. and Samantha Chasworth, Esq.
As we navigate through 2023, a common question we encounter repeatedly is, "Can I expedite my marriage or fiancée visa?" With current events causing delays and uncertainty, this question is more pertinent than ever. This blog post aims to shed light on the options available right now, the speedier choice between a fiancée visa or marriage, and various other topics linked to applying overseas.
The Current Scenario
Things have dramatically shifted in the past year or so, particularly when applying for a fiancée or marriage visa at an embassy or consulate overseas. In some regions, these embassies are operating normally and gradually scheduling appointments. However, in other regions, progress is slow due to limited capacity. This has resulted in a scarcity of appointments for marriage and fiancée visa cases. Consequently, applicants are often seeking ways to expedite their cases.
Fiancée Visa Vs. Marriage Visa: Which is Faster?
In 2023, the processing times for both fiancée and marriage visas are almost identical, which is leading many applicants to opt for marriage visas directly, if possible. Before the pandemic, fiancée visas were typically processed much faster - sometimes six to seven months faster than marriage visas. However, as it stands in 2023, both are taking almost the same amount of time.
How to Expedite Your Case?
Yes, you can still expedite your marriage or fiancée visa case in 2023. To do this, you can use the email.gov portal to submit a request to expedite your case to the National Visa Center. This should include a declaration, supporting documents, and anything else you deem important to support your request. In 2023, the primary reason for case approval is extreme hardship faced by the U.S. citizen, not the foreign national. This hardship could be a medical issue, a financial matter, or a job-related concern.
Processing Times and Implications
Presently, most fiancée visa cases are taking close to two years to process. There are exceptions, with some cases taking slightly less time, but we haven't seen anything less than a year and a half specifically for K1 visas.
An important point to note is that if you get married while the fiancée visa is being processed, the case will be terminated at that point. You will need to refile the application and start the process of the marriage-based visa from scratch, as the fiancée visa is cancelled upon marriage.
Fiancée Visa or Marriage-Based Visa: Which Should You Choose?
The answer to this question depends largely on your circumstances. If you have the option, a marriage-based petition might be the better choice in the long run, as it can be cheaper and potentially faster to complete. Moreover, once you come to the United States, you won't have to refile to get your green card.
Getting Your Case Expedited
In addition to demonstrating extreme hardship to a U.S. citizen spouse, you can also expedite your case based on medical situations, pregnancy issues, or the risk of your child aging out. Congressional assistance can also be sought to expedite your case outside of the National Visa Center process. While this might not always be effective, it doesn't hurt to try.
Conclusion
In 2023, the decision to opt for a fiancée visa or a marriage-based case is a personal choice. The processing times are almost identical, so it isn't a matter of time-saving, but rather about personal circumstances and the progression of your relationship. If you're feeling stuck or need help with your case, remember that there are resources available to assist you.
About The Author
David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc.
If you have any questions about how the immigration and nationality laws in the United States may impact you or your family members or if you want to access additional information about the United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com
Ludka Zimovcak, Esq. is a Managing Attorney at NPZ Law Group, PC. Mrs. Zimovcak's passion for excellence in immigration law derives from her own family's first-hand immigration experiences. She is fully licensed to practice as an Attorney in Slovakia and New York
Snehal Batra, Esq. is Managing Attorney of our Raritan, NJ office at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Batra is an Indian-American attorney with a passion for immigration law which derives from being an immigrant herself. Having been born in India and raised in New Jersey, Ms. Batra understands firsthand the many difficulties and challenges that immigrants commonly experience while engaged in the U.S. immigration process. As such, she is eager to help families, businesses and individual immigrants to realize the American dream.
Samantha Chasworth, Esq. is Counsel at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Chasworth earned a Juris Doctorate (JD) from the St. John's University School of Law in Queens, New York, where she was an editor on the Journal of Civil Rights and Economic Development and participated in numerous immigration and family law clinics and internships including time at the US-Mexico Border at the Karnes County Civil Detention Center.