Marriage or Fiance Visa – Chinese Citizen Immigration to United States – Q&A with Attorney John Buda
What is the faster processing time this Spring 2014, Fiancé or Marriage Visa with a Chinese Citizen?
Generally speaking, the Fiancé visa has been faster than the Marriage Visa for about the last 12 months. Marriage visa were said to be delayed most of 2013 because of Dream Act Applications that started in late 2012. Right now, my best estimate of the Marriage Visa with a Chinese Citizen is about 10-12 months, perhaps longer depending on your location.
The Fiancé visas are running about 5-7 months. And that time was shorter recently.
Also note that those Dream Act applications are coming up again after the 2 year work permit starting in late 2014, so expect the Marriage Visa Process to grow longer in 2015.
Why is the Fiancé Visa faster?
Not sure if pressure on I-130’s in 2013 was a USCIS scapegoat, or the truth. But the beneficiaries of the I-130 delays were petitioners for Fiance Visas on the I-129F form. That processing time went to less than one month in January 2014. That time is now about 3 months.
Doesn’t a large age discrepancy mean my application for a fiance visa is doomed?
Not Really. We at Buda Law Group have had several approvals of greater than 30 year age discrepancies recently.
The larger problem is sponsoring more than 2 different people for the Fiancé Visa. But we can work on that type of application too.
How is the National Visa Center these days?
A mixed bag. Up until late 2014, the NVC was the more reliable of the two with the USCIS. Now, I’m not sure. I am experiencing longer delays with the NVC this Spring 2014, and they have made some obvious errors on cases. I hope they get back to normal soon.
I am concerned with all the rumors of Confusion in the US Consulate in Guangzhou after the move of location in July 2013. Should I be worried?
Yes, it was a bit of a mess during the latter half of 2013, but the worst is behind them. Also, all US Operations in China had to transition to www.ustraveldocs.com last year, and that added to the confusion.
Now, the GUZ Consulate seems to be settling down and conducting interviews. Applicants for the fiancé visa can schedule their own interviews in www.ustraveldocs.com, and this has helped reduce some anxiety with couples. Marriage couples must still work through the NVC.
Here is a chart of current USCIS processing times as of April 2014:
|I-129F Fiancé Visa Application||I-130 Marriage Visa Application
|California Service Center||5 Months||5 Months|
|Vermont Service Center||5 Months||7 months|
|Nebraska Service Center||N/A||5 months|
|Texas Service Center||5 Months||18 months|
I hope this information has helped clear up some of the confusion about marriage or fiancé visas in China. If you have a specific question, feel free to email me at my contact info below.John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405