Asian Journal- The Filipino-American Community Newspaper

We are often asked the following question—would it be faster to bring my girlfriend or boyfriend here into the United States if I file a fiancé petition or should I just file for an immigrant spouse petition?

Filing a fiancé petition will bring your loved one here into the United States faster than filing an immigrant spouse petition. However, the US citizen may have to consider a number of factors before opting to file a fiancé petition over an immigrant spouse petition.

Before a US citizen can file a fiancé petition, he or she must had physically met the fiancé within two years before filing the fiancé petition. This is a mandatory requirement and the fiancé petition will be denied if the US citizen petition has not met this condition.

The US citizen petitioner then files the fiancé petition with the US Citizenship and Immigrations Services (USCIS). In the fiancé petition, the petitioner must establish that he or she has an ongoing relationship with the fiancé and that they have the intention of concluding a valid marriage within ninety days after the admission of the fiancé into the United States. The petitioner must also show that there are no legal impediments to the intended marriage with the fiancé. The petitioner must also provide a criminal record for crimes relating to domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, certain violent crimes, and crimes related to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions not arising out of a single act. Where the petitioner was convicted of a specified offense against a minor, the fiancé petition will be denied unless a waiver is granted by the USCIS.

Once the fiancé petition is approved, it will be forwarded to the appropriate consular office. Current processing time indicates that it is taking the USCIS about five (5) months to approve the fiancé petition. Transmittal of the records to the appropriate consular office will take about a month and the fiancé can be interviewed by the consular office within one (1) to three (3) months.

Once the fiancé enters the United States, he or she needs to get married within ninety (90) days after his or her admission. Failure to get married within ninety (90) days may subject the fiancé to removal proceedings. Pertinent laws and regulations bar the fiancé to change or adjust his or her status other than through marriage to the US citizen petitioner who filed the fiancé petition. After their marriage, the fiancé may now file for an application for adjustment of status with the USCIS to have his/her status adjusted to a conditional permanent resident. Filing fees for the whole fiancé and adjustment of status process may cost around $1465.

In contrast, if the US citizen decides to file the immigrant spouse petition, the US citizen must first get married to his or her loved one before the immigrant petition can be filed. The US citizen must establish that a marriage was validly entered into and that there were no impediments to their marriage. The immigrant petition must be filed with the USCIS. Once the petition is approved, the case will be forwarded to the National Visa Center for visa processing. The petitioner and