This article initially set out to compare the pros and cons of filing an Immigrant Petition for a foreign national spouse (Form I-130) versus a fiancé(e) visa (Form I-129F). However, while reviewing the estimated processing times on the USCIS website, the path is no longer clear.

In general, fiancé(e) visas had a shorter processing time, which allowed the foreign national to come to the US quicker than if the individuals were to get married abroad and file an immigrant petition. Yet, with the widely varying processing times across different USCIS service centers, this is no longer a consistent truth.

Currently, USCIS is estimating that an I-130 petition would take 15 months to adjudicate. Unless the case is sent to the National Benefits Center, which has an estimated processing time of 40 months. The processing time for an I-129F petition also varies depending on the service center to which the case is assigned. For example, the estimated processing time for the Nebraska Service Center is 8 months while the Potomac Service Center has the longest processing time of 24 months.

The problem is that we cannot predict which service center will be assigned to handle the case. Most cases are now submitted to USCIS Lockboxes, where filing fees are processed, and the cases are then forwarded to a service center for adjudication. Because the Lockbox assigns the service center, an individual will not know where their case is assigned until the receipt notice is received. In our experience, the Lockbox will not always assign the case to the service center with the lowest processing time, or the service center closest to the individual’s residence. Thus, all because a person lives in Nebraska does not mean that the case will be assigned to the Nebraska Service Center.

So how can one determine which immigration path is the best option? In this case, when a U.S. citizen is evaluating the immigrant visa versus fiancé(e) visa options, there are several factors to consider:

Flexibility with Wedding Plans

Fiancé(e) Visa: This path allows the foreign national to enter the US and get married within 90 days. It’s suitable for couples who want the flexibility to plan their wedding in the US.

Immigrant Petition: This requires the couple to be married before filing. If you prefer to get married in the foreign national’s home country or have already done so, this path would be more appropriate.

Long-Term Planning

Fiancé(e) Visa: After the I-129F is approved, the individual will need to attend a visa appointment. However, consulates tend to prioritize these cases and tend to have a shorter wait time.

Once married in the US, the foreign national will need to adjust their status to become a permanent resident. This involves additional forms, fees, and processing time.

Immigrant Petition: The foreign national spouse will also need to attend a visa interview prior to entering the US. Although the consulate is supposed to prioritize these cases as well, many consulates are backlogged, and we have seen these appointments sometimes take over 6 months.

Although, when the foreign national spouse enters the US on an immigrant visa, they will immediately become a permanent resident, which might streamline the process and reduce overall waiting times.

Financial Considerations

Both paths involve fees, but the fiancé(e) visa will incur additional costs for the subsequent adjustment of status application, as USCIS is now charging separate fees for the employment authorization and travel document. Weighing the total financial burden against the potential benefits of each option is crucial. The current fees include:

Fiancé(e) Visa:

- I-129F Filing Fee: $675
- NVC visa fee: $265
- I-485 filing Fee: $1,440
- I-765 filing fee (work authorization): $260
- I-131 filing fee (travel document): $630

TOTAL: $3,270

Immigrant Petition:

- I-130 Filing Fee: $625 (online filing)
- NVC processing fee: $325
- NVC Affidavit of support fee: $120
- USCIS immigrant fee: $235

TOTAL: $1,305

While there is no one-size-fits-all answer, thorough consideration of these factors can help in making the most informed and suitable decision for your unique situation.

Ultimately, the best immigration path depends on individual circumstances, including wedding plans, long-term plans, and the financial implications. Given the varying processing times and service center assignments, couples should stay informed about current USCIS updates.

If you have any questions regarding the above, please do not hesitate to contact PLG Partner Chris Prescott at cprescott@patellegal.com.