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!!!
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Overstay... marriage in Rome Italy?
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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!
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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
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Eligibility:
http://www.ins.usdoj.gov/graphics/ho...ligibility.htm
Hope it helps
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