Hello my fiance’s from Dominican Republic and I want to bring him home. What’s the easiest process to bring him home with me? Is it easier to get married in the DR or here in the US? Wow that’s a real common question. We get that one several times a day every day. Do I do a fiance visa or a spousal visa?
It’s really a personal decision but obviously we can’t make that decision for you, but some of the things we always tell people to consider are what are your priorities? If you just absolutely just wanna get him here the fastest way possible, that’s generally gonna be the fiance visa but it’s not significantly faster. One or two months quicker, if that matters to you. The downside of fiance visa is that it’s gonna cost you more because you do the fiance visa and once it gets here, now you have to do adjustment of status.
Fiance visa is technically a non immigrant visa which allows you to enter the country for the purpose of marriage. But it doesn’t get you a green card and then you have to apply for the adjustment of status which is more fees. The filing fee alone is $1225. Whereas if you’re already married and you do the spousal visa, that gets you the green card directly so you’re done for two years anyway, until you do a removal of conditions.
On a spousal visa, you get here. It might take a couple months longer or it will take a couple months longer but he gets here, he gets a green card. It shows up in the mail in a few weeks and he’s done for a couple of years. Adjustment of status, he gets here. Now you’re starting over.
A couple other things to consider are things like have you met in person? I’m assuming you have but you can’t do a fiance visa if you haven’t met in person. So if that’s the purpose of trying to do a fiance visa, then that’s really not gonna get you anywhere. If you want your family to attend the wedding, you’re gonna need to do it there because it’s unlikely they’re gonna get tourist visas to come here probably, to attend the wedding. That’s something to consider.
The initial income requirement for a fiance visa is only 100% of the poverty level. You can actually get him in the country with a little bit lower income, however he can’t stay here anyway until the income is high enough to meet 125% of the poverty level before you can get that green card. He can’t be working in the meantime. You need to have that when you apply. You’re not going to be able to use that income normally unless there’s one odd situation where if he has income that continues from the same source, which is usually not the case.
Anyway it really doesn’t matter. I think a lot of times what people are asking when they ask that question, which one gives me better odds? Which one am I more likely to be approved for? The answer is there’s really no difference that we’ve seen. If there’s any difference, it would edge a little bit more towards a spousal visa because you’ve taken one big extra step to prove the legitimacy of the relationship when you’re actually married. If your case is weak, by all means get married and go that route. It’ll save you money. It’s more evidence that you got a legitimate thing going on. But if you’ve got a good solid case, some time behind you and a lot of evidence, you made a few times to see him and all that then your odds are about even.
There you go, give us a call if you want more information on that. Bottom line is it really doesn’t matter if everything’s in order and legit and you’ve got a little time in the relationship, it’s not gonna make any difference.
Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.