Which is better: applying for spouse visa or fiance visa? 2 Answers as of September 12, 2014

I have several criminal convictions including DWI, Possession of prescription medication, leaving the scene of an accident, and a bogus arrest for battery that was dismissed. All of these charges are prior to 2003 except one DWI from 2010. All of these convictions have been expunged except the most recent DWI. I am going to visit my fiance in 4 months and need to know if it would be better to marry while there or just file for fiance visa upon returning? Will those convictions affect the fiance visa more than the spouse visa? I read the applications for both and noticed that the fiance visa specifically asked about criminal convictions and said that even if the convictions have been sealed or expunged, they must still be listed on the application but the spouse visa did not say that. I know that the fiance visa may be quicker, but which is more likely to go smoothly given the information I have given in this question? Thanks.

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Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
USCIS will conduct a criminal background check on you as part of the I-130 process. Based upon the information provided your criminal records do not appear to bar the approval of a fiance visa petition. That being said, I prefer marriage over fiance visas.
Answer Applies to: New York
Replied: 9/12/2014
Law Offices of Linda Rose Fessler | Linda Fessler
Go for the fiance visa.
Answer Applies to: California
Replied: 9/12/2014
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