Is getting married and file immigration visa better than fiancee visa? 8 Answers as of November 30, 2011

It will be possible for his son to get a green card on the basis of the fathers marriage to you only if you petition for the father as your fianc OR if you get married prior to the child turning 18. As far as the consular process, it is about the same length of time for a fiancee visa or spouse visa.

I recommend getting married overseas before your fiancs son turns 18 or he will not be considered a stepchild. He will need to enter the U.S. before his 21st birthday so that is safest course of action. But dont get married if you are not absolutely sure this is the right guy for you. If more time is needed for your relationship then the fianc route may be better. The son will be a K-2 up to his 21st birthday but not a stepchild if not married before he is 18.

Under the circumstances, I would recommend getting married and filing immigrant visa petitions on behalf of your spouse and his son. The reason I suggest this route is that in order to be able to petition for your stepson, the step-parent relationship must be created prior to his 18th birthday. You can technically petition for him up until he reaches 21 and he will be considered a child, but only if you married before he turns 18. If he turns 18, you will not be able to petition for him as your child. Also, if you are a U.S. citizen, please keep in mind that you must petition for your spouse and any of his dependents by filing separate visa petitions. There are no derivates in immediate relative petitions.

There is no clear and concise answer to this question. The processing time for a fiance visa and immigrant visa is not significantly different. The preferred procedure depends on several factors. For example, if the child was over 18 and under 21 than you would be better served by filing a fiance visa because a stepparent can't petition a stepchild when the marriage occurred after the stepchild was over 18 but the child can adjust after 18(and under 21) as a K-2(child of a fiance) derivative. Also, if you future spouse has a "good job" overseas they may prefer to enter as an immigrant visa because someone who enters on an immigrant visa will be able to work legally in the United States sooner than someone admitted as a fiance visa. There are also limits on the number of fiance visas that someone can file and there is no limit on the number of immigrant visa petitions a petitioner can file. Also, for cultural reasons some people prefer to come to the United States and live with their United States petitioner only after marriage. You should speak to a qualified Immigration Attorney concerning this matter. There can be other variables, not listed, which could affect the answer to this question.

Quite simply "yes" in my opinion. The child will be able to qualify for a visa with his father as long as he is under 21 years of age and if the step-relationship was formed before his 18th birthday. Good luck!

Either option could work. However, there are several variables that might make a difference in your decision. I would recommend that you speak with a qualified immigration law attorney to see what is best in your particular situation. Good luck.

There are two parts to this question. The first is what is better for your personal life and whether you are ready to marry someone that you have not met after two months of communication. I can't answer that part for you. The second is which visa is "better". They are different and neither is really better-it just depends upon your situation. I recommend that you make an appointment for a full consult with a competent immigration attorney who can run you through the positive/negatives aspects of both visas so you can make a fully informed decision about what is best for you. It is true that if you marry before the boy is 18, then you can file a separate green card application for him as an immediate relative. Otherwise it will take longer for him to enter.

Ordinarily, I'd say that there isn't much difference between processing times for K-1s or K-3s, but when you need to marry to form a step-parent/step-child relationship before your fianc's son turns 18, I'd opt for marrying now, filing an I-130 and then an I-129F for K-3.