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Question About US Fiance Visa Vs Spouse Visa

Chris asks…

Fiancee vs. Green Card Visa (US)?

My boyfriend and I are planning to get married next year in the US. We were planning to do it in the spring, although we’re not ruling out late-June. My question is this:

If we marry in the summer, we would want him to be able to stay in the country so that we could find a place to live, etc. before I start work in September (I’m a teacher). Would he be able to come in on a fiancee visa, get married, and stay in the US while he applies to become a permanent resident (green card)? And would he be able to work while he stayed in under the fiancee visa?

USCIS states:

“If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original non immigrant admission.) For more information, please see How Do I Become a Legal Permanent Resident While in the United States?. Please note, your fiancé(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.”

Does that mean that he has to pay the $455 for the fiancee visa and then when he petitions to become a permanent resident, will we have to pay more money (i.e., $355 to petition for the green card)? Or do we just submit info to adjust his status?

Any info or advice someone could give me would be greatly appreciated as this immigration process can be quite confusing.

Thanks again 🙂
I’m an American citizen, btw.

Best Answer:

Using a fiancee visa is the fastest way to get your boyfriend into the US so you two can marry. However, you need to then apply for the AOS. Two years after that, you need to apply to remove conditions (the original AOS is good for two years, and he will need to renew it to stay in the US) So that is three sets of forms, and 3 sets of fees.

If you two marry, and he remains outside the US (or leaves the US after the marriage) and uses the Spousal visa, it is just two forms, one fee. However, processing time is around 1 year or so, and he can’t enter the country until then.

Pick your poison then: Spend the money on the fiancee forms, or you marry and your new husband waits outside the country, but saves the money.

Posted From Yahoo! Answers (for informational purposes only)

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