Hello, I'm a permanent residence here in the states in the last 12 years. I met my boyfriend at a social network site and been together since last year, I met with him once in Tunisia and we want to be together now. The catch is that he is in France now with expired Visa. Can we get marry or apply for a fiance' visa for him to come to US while he is still in France?
Thank you in advance.
Tough situation, and you need to speak with an attorney.
First, you can't apply for a fiance visa for him when you are a permanent resident (only a citizen can apply). also, the process for a spouse of a permanent resident is very long.
On the other hand, being illegally in France doesn't impact his legal status in the U.S.
Question is, can YOU get U.S. citizenship? May make the most sense for you to apply to naturalize as a citizen, and then apply for a fiance visa or green card for him (which wouldn't then take as long).
Whole thing would be in the neighborhood of a year and a half, instead of many years. Not great, but possible.
Speak with a lawyer for further guidance.
Can you get married? Yes, but given that he is not in the US, you cannot do so in the US.
Can you apply for a fiancé visa? No. Those are only available to fiancés of US citizens.
You will need to marry abroad. You will then have to petition him and he will need to remain abroad until either you become a US citizen or his priority date becomes current.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
I agree with Mr. Fleischer, but more information is needed with respect to filing for U. S. Citizenship by naturalization. It may take nearly five years before you can file or complete the process. Perhaps, you may have accidentally lost green card starus due to a long stay away from the U. S. with no valid proof of an intent to return.
He 'should not' get a visitors visa if he intends to immigrate for the purposes of the visit. For legal advice, I strongly recommend an appointment or teleconference with a competent or experienced immigration attorney.
Only US citizens can file for fiance visas. If you marry him, however, you will be able to file a petition on his behalf.
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