im getting married in dec 2011. my fiance is in philippines and we've been together for 7 yrs now... im planning to petition him after we get married... which one is better? petition him as a spouse evn if we're not gonna live together for a long time cause i have to go bck to US or petition him as fiance? would they question like the duration we lived together as husband and wife?
You can petition either as a fiance or spouse. It depends on the strength of your evidence and desired timeline to determine how you proceed. The fiance petition will take approximately 6 months to adjudicate in the U.S. followed by consular processing. In Manila, the consular processing portion for Manila can take up to 3-4 months depending on the consulate schedule (maybe longer) So, expect 8-9 months from the date you file. However, you can file now rather than wait until December 2011 so you can potentially get through the process in the first quarter of 2012 using the fiance visa.
However, the I-130 will also work if you have evidence of your 7 year courtship and marriage. It should not matter that you married in PHL and then are separated while waiting for the petition to process. The I-130 will take 5-6 months to process in the U.S. followed by 3-5 months of consular processing. In Manila, you will be able to attend the I-130/IVP interview with your spouse which will give the case a much better chance at approval.
If you petition for him as a fiance, you will need to get married within 90 days of his entering the US. If you marry him in the Phillipines before filing a petition for him, you will not be able to file for a fiance visa, you will be filing for his green card directly. The fiance visa may go a little faster, but it is generally more expensive in the end.
I assume that you are a US citizen, because if you are not then you can't file a fiance visa petition.
If you wait until you get married, you won't be able to file a petition until after the wedding. If you file a fiance petition, you can file that right now. It may take 5 months or so to be approved, but thereafter your fiance will be able to obtain a K-1 visa to travel to the US for you to get married. The timing may not work anymore for a December 2011 wedding (but it might), but you'd be that much closer to his green card and be able to live together in the US without separation after the wedding. A fiance relationship may also be easier to prove than a bona fide marriage if you've never lived together.
There are other considerations of cost and timing that may make one option better than another in your particular cirucmstances. You may want to consult with an immigration lawyer to get all the information about both processes before you make a decision.
