As a dedicated Miami immigration lawyer, I receive many questions from people who are deciding between a fiance visa and a marriage visa. Below are some frequently asked questions.
What Is the Faster Method to Get My Green Card?
There are many categories of visas and other immigration benefits for people wanting to visit or live in the United States. However, none of them will get you a Green Card overnight or without significant effort.
In fact, most professionals would agree that if you are already engaged or married to a US citizen or permanent resident, immigrating based on this marriage is likely to be your best bet. The eligibility criteria are reasonably straightforward and the waiting periods are generally better, or at least no worse, than for most other types of visas.
If you have any questions in regard to this, you may want to speak with an immigration lawyer.
I Am Married to a U.S. citizen. Is There a Waiting Period to Enter the United States?
If you are married to a US citizen, there is no waiting period or quota to delay your entry into the United States. However, you will be subject to the usual time period it takes to process your paperwork and for the government to ensure you are not excluded for any reason, such as a criminal past or health problems.
If you have any questions about this, you may want to speak with an immigration lawyer in Miami.
I Am Married to a Permanent Resident in the u.s. Is There a Waiting Period to Enter the United States?
Spouses of permanent residents will probably have to spend a few years on a waiting list before their visa or Green Card becomes available to them. However, spouses of permanent residents wait less time than relatives in many other family immigration categories. Their wait averages around four or five years.
If, for example, the spouse also had a brother who was a US citizen, he or she could also apply for a visa based on that sibling relationship, but the waiting period for that category is typically ten to 25 years.
If you have any questions about this, you may want to speak with a Miami immigration lawyer.
Are There Any Examples of How Permanent Residents Might Be Able to Obtain a Visa More Quickly Than a Marriage-Based Visa?
The spouse of a permanent resident might obtain a visa more quickly than waiting for a marriage-based visa if, for example, they:
- have a potential employer in the United States
- have parents or adult children who are U.S. citizens
- would be willing to invest $500,000 or more in a U.S. business
- have lived in the United States continuously since January 1, 1972
- come from a country from which they can apply for the Diversity Visa (known as the visa lottery), or
- fear persecution in their home country.
Any of these categories might give a person permission to enter or stay in the United States more quickly than they could as the spouse of a permanent resident, but none of them is an instant answer. Each has its eligibility criteria and waiting periods.
If You Are Making the Decision Between a Marriage-Based Visa or a Fiancé Visa, Consult an Immigration Lawyer for Assistance
Contact a Miami Immigration Lawyer at Tatiane M. Silva, P.A.
If you would like more information on the fiance visa, the marriage visa, obtaining a Green Card, or obtaining U.S. citizenship, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500.