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Why spouse visa takes longer to process than fiance visa?

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  • Why spouse visa takes longer to process than fiance visa?

    Does anyone know? Even when the petitioner is a US citizen. It is just curiosity. Isnt a spouse more "important" than a fiance? I guess maybe because the fiance is not technically an immigrant visa so the background check and the proof of a real relationship is not that tough.

    Just wondering.....

  • #2
    Does anyone know? Even when the petitioner is a US citizen. It is just curiosity. Isnt a spouse more "important" than a fiance? I guess maybe because the fiance is not technically an immigrant visa so the background check and the proof of a real relationship is not that tough.

    Just wondering.....

    Comment


    • #3
      Always very interesting this little INS concept... Anyway, the fact that the fiance is overseas and the fact that both are apart is one of the reasons why INS is quicker to respond to those types of visas. This way people can come and get married here in the U.S. and get it going with the process. I hope this is what you are asking.

      Comment


      • #4
        There is less burden of proof on a fiance petition. A spousal petition is an immigrant visa, the fiance is a non-immigrant with intent to immigrate but still a non-immigrant visa, less burden of proof.

        Comment


        • #5
          The State Dept. refers to both as nonimmigrant visas, which is always confusing to me. As far as the time frame for each, it varies, sometimes one seems to be faster, sometimes the other. But how long it takes once the I-129f is approved varies per consulate I think? Do they do the same background checks?

          Comment


          • #6
            All replies are very good... well this is my thought ... just thought but nothing else .. if u look at both type of visas technically .... Spouse visa takes little bit longer ( well DCF is a totally different thing ) but after getting spouse visa when immigrant comes to USA he doesn't need to go through AOS process anymore ... he / she gets GC right a way in mail ...

            While fiancée visa is faster but after getting married in 90 days ... he / she has to go through AOS and it takes a while in that ... as we know ....

            So overall it comes to the same timeline to get GC after initial petition ...

            Comment


            • #7
              If the spouse is already married and the petitioner is already living in the US, am I correct in believing that the only difference between K-3 spouse visa and I-130 immigrant petition is - that with the I-130, the US petitioner must actually physically be present in the foreign country to file the initial petition, but with the K-3 the US petitioner may remain in the US and file there?

              Comment


              • #8
                Hi DS,

                K3 visa is for spouses that are out of USA and if immigrant spouse is already present in USA .... they do AOS ( Adjustment of Status ) , they dont require any additional visa...

                I hope this helps.... Have a great day... Pasha

                Comment


                • #9
                  Thankyou Pasha.
                  However I would like to clear up a few confusing points if I may?

                  a. USC living in US - spouse outside US - K-3 visa
                  b. USC living outside US - spouse outside US - I-130.
                  c. USC living in US - spouse in US - I-130 + AOS concurrently.

                  Last confusing point -if I may - what circumstances are accepted by USCIS where a spouse is already in the US (on valid status) and processing AOS? She would have had to have entered on B1/B2 with non immigrant intent and suddenly changed her intent after 90 days? Is that accepted? Or is it only dependants of L-1 and H-1B that apply for AOS?
                  Thankyou again for your helpfulness.

                  Comment


                  • #10
                    Hi DS ...

                    If I answer this question ... I will have limited words and directly related to subject ... But I recommend you visit these links and you will find all answers what you need to know ... and if there is any confusion ... i will try my best to explain ...

                    http://www.visajourney.com/forums/index.php?pg=compare

                    http://www.visajourney.com/faq/index.htm#step 4

                    As long as person entered USA with inspection ... in other words with visa ... and he/she gets married to USC ... he is entitled to adjust his / her status ... that means get a green card ... well of course if he/she is not criminal and can convience immigrant officer that marriage is bona fide....

                    Have a very good morning ... Pasha

                    Comment

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