Currently, would it be faster to petition for a fiance visa and marry in the U.S. or to marry abroad and file form I-130 after marriage?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Currently, would it be faster to petition for a fiance visa and marry in the U.S. or to marry abroad and file form I-130 after marriage?

I am a U.S. citizen living in the state of Washington and I plan to marry this
year but my fiance is located in Mexico. Neither of us have been previously
married or have children. I am 21 years old and my fiance is 20 years old. I’m
concerned with the length and the cost of the process I choose. I would like to
choose the fastest process available that will allow my fiance to come to the
U.S. But I would also like to know an estimate of the costs of each process.

Asked on January 13, 2017 under Immigration Law, Washington


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your fiancee does not currently have a visa with which to enter the US, you can only really do consular processing and the timeline and costs will be very similar in terms of what happens before she can enter.  The fiancee visa is about 9-12 months, then she gets the visa if approved and can enter the US for 90 days to get married to you and then she applies for the green card based on the marriage.  If you get married first and then petition for her as your spouse, the process will also take about 9-12 months and when approved, she would be issued an immigrant visa with which to enter and upon entry to the US she will be issued a green card.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption