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Is a fiance petition better than a spouse based petition?

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David Hill, US Immigration Expert
Answered on September 28,2023

In the past, if the primary goal was for the couple to live together in the USA as soon as possible, the fiance petition was better. With the Covid-19 pandemic, this is no longer true. A spouse based petition (starting with I-130 and I-130A) is better.

There some reasons today why a fiance petition might be better:

  • The alien has children aged 18, 19, 20. Since the couple are not married it is too late for these potential step children of the US citizen to be petitioned as alien relatives. To count as a step child the alien biological parent must have married the US citizen before the child reached age 18. Whereas these children can be included in an I-129F petition.

  • The alien fiancée is pregnant and the child will not be born a US citizen because the US citizen petitioner does not have sufficient physical presence in the US to transmit citizenship to the child.

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