Overstay... marriage in Rome Italy?

My fiancee has overstayed his visa. We wish to get married in Rome, Italy. Will this be possible and what all do we have to do so he doesn't have to go back to South America before the wedding in March? Please Help!!!

My fiancee has overstayed his visa. We wish to get married in Rome, Italy. Will this be possible and what all do we have to do so he doesn't have to go back to South America before the wedding in March? Please Help!!!

By the way, I am a US Citizen...

How long did he overstay? What visa did he overstay?

If he overstays and leaves, chances are he is going to be subject to the 3/10 year bans.

The safest thing to do is to NOT leave the country, get married here and adjust his status, assuming he is eligible for that.

Even if he isn't subject to the bans, he isn't going to be able to come back to the US with you because they are going to believe that he is entering the US to stay, which he will be. You'll have to file paperwork to allow him to enter the US.

Definitly rethink your wedding plans!

Thanks Marie!! I really APPRECIATE your input!!! I guess we will have to go to Rome at another time.

Oh well!!

No prob,

What kind of visa did he have?

I am not sure what kind of Visa he had.

How long do you think the process will take from the time we get married to the time we are able to travel outside the country?

Also, do you think I need to apply for a Fiancee Visa when the time comes? or just adjust his status in another way? (Can't wait to find out what kind of Visa he has)

You can adjust with most visas....it usually takes about a year, 18 months to get your conditional green card.

You could travel as soon as you filed your paperwork but seeing as he overstayed his visa, DONT leave. Leaving with a travel document does NOT guarantee that you are allowed to come back especially since he overstayed.
Stay safe and wait for him to get his conditional green card.

Start getting your paperwork together now and filling out the forms. Since he is in the US, just file an adjustment of status. File as soon as you can.

These sites will be useful, all from the INS site:
They will let you know what you need to do, if he is eligible for AOS.
General Info:
http://www.ins.usdoj.gov/graphics/howdoi/legpermres.htm

Steps to take:
http://www.ins.usdoj.gov/graphics/ho...pplication.htm

and
Eligibility:
http://www.ins.usdoj.gov/graphics/ho...ligibility.htm

Hope it helps

He had a Tourist Visa and I believe it expired July 2000.

That's what I thought. I didn't see anything about tourists visas being a problem in an adjustment of status.

Seems like you guys will be fine.

If anyone else has a different, let us know

Don't leave the country until he gets his conditional green card!

Thank you so much Marie!! I really do appreciate everything! We are really excited and want to travel the world. I guess patience is something we will both seriously have to learn!!

Thanks again!!