Fiance/Spouse Visa

[shaans]

1) I spoke to an immigration lawyer today and she said that the processing for Fiance visa is taking ~5 months compared to Spouse visa which is taking ~10 months. Has anyone dealt with these visa types and is the duration accurate?

2) I will be getting my citizenship in May 2014. My girl-friend is planning to visit the US on a visitor visa.
a) If she comes here in May 2014, can I get married to her in court with the intent that we do not file for an adjustment of status (I don't want to get into any legal troubles). So she will leave the country prior to her visitor visa expiring.
b) Also, while she is in the US on visitor visa and after I receive my citizenship, can I file for her Spouse visa while she is in the US. I don't want to lose any time and I am thinking while she's in the US for 6 months on visitor visa - I can file for her Spouse and by the time she leaves in 6 months - she would only have to be away for 4 months more before she gets the Spouse visa (assuming the processing takes a total of 10 months). Can this also work for Fiance visa if I choose to go that route?

Thank you!

[rayb]

You can file for a spousal visa if you marry, and for a fiancee visa if not married.

Petitioning and adjustment of status in the U.S. while she is a legal B2 visa entrant, after marriage, will work so long as there is no expressed intent for her to use the B2 visa, when applying or entering the U.S., for marriage and staying in the U.S.

--Ray B

1) I spoke to an immigration lawyer today and she said that the processing for Fiance visa is taking ~5 months compared to Spouse visa which is taking ~10 months. Has anyone dealt with these visa types and is the duration accurate?

2) I will be getting my citizenship in May 2014. My girl-friend is planning to visit the US on a visitor visa.
a) If she comes here in May 2014, can I get married to her in court with the intent that we do not file for an adjustment of status (I don't want to get into any legal troubles). So she will leave the country prior to her visitor visa expiring.
b) Also, while she is in the US on visitor visa and after I receive my citizenship, can I file for her Spouse visa while she is in the US. I don't want to lose any time and I am thinking while she's in the US for 6 months on visitor visa - I can file for her Spouse and by the time she leaves in 6 months - she would only have to be away for 4 months more before she gets the Spouse visa (assuming the processing takes a total of 10 months). Can this also work for Fiance visa if I choose to go that route?

Thank you!

[shaans]

You can file for a spousal visa if you marry, and for a fiancee visa if not married.

Petitioning and adjustment of status in the U.S. while she is a legal B2 visa entrant, after marriage, will work so long as there is no expressed intent for her to use the B2 visa, when applying or entering the U.S., for marriage and staying in the U.S.

--Ray B

Thank you Ray! Also, are the processing times above accurate .. I read somewhere where fiance is ~9 months and spouse is ~11 months but the lawyer stated 5 and 10 respectively.

[rayb]

The "5 vs 10" months for the two visa types is reasonably accurate, of late, because fiancee visas have been processed unusally faster the last few months. But these timeframes change quite frequently, driven by Stateside workload priorities and relocation of assignments.

--Ray B

Thank you Ray! Also, are the processing times above accurate .. I read somewhere where fiance is ~9 months and spouse is ~11 months but the lawyer stated 5 and 10 respectively.

[rayb]

The "5 vs 10" months for the two visa types is reasonably accurate, of late, because fiancee visas have been processed unusally faster the last few months. But these timeframes change quite frequently, driven by Stateside workload priorities and relocation of assignments.

--Ray B

Thank you Ray! Also, are the processing times above accurate .. I read somewhere where fiance is ~9 months and spouse is ~11 months but the lawyer stated 5 and 10 respectively.