Should my Swedish fiance overstay her 90-day tourist visa so we can marry here in the US instead of in Sweden? 4 Answers as of February 15, 2011

My fiancé is a Swedish citizen; I am a US citizen. My fiancé is here on a tourist visa which expires soon. We are very much in love, and plan to marry this summer in Sweden, but don't want to risk being separated. Is it better for her to overstay her tourist visa, we marry here in the US, then apply for her permanent resident status? Our original plan was for her to fly back to Sweden this week, before her 90-day tourist visa expires, make arrangements for our marriage this summer in Sweden, return to the US in three weeks on another tourist visa, then we'd both fly back to Sweden (for our wedding) prior to the expiration of her next 90-day tourist visa. After reading about the various immigration issues, it seems that our plan could result in us being separated for a significant length of time. It also seems that we would be better off if she overstays her current 90-day tourist visa, we get married, then apply for a green card. We have established joint bank accounts, co-signed a lease, she is a beneficiary of my life insurance, and she is covered as a domestic partner family member by my employer-paid health insurance.

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Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Caution! If your fiancee re-enters the USA on a tourist visa, that is immigration fraud. Maybe she was a bona fide tourist 90 days ago, but now she is definitely an intending immigrant, not a tourist.

Your plan is complicated and expensive, unless you are both airline employees. You could make things a lot simpler on yourselves if you had a very simple wedding this week, then immediately after, filed for both her immigration visa and to adjust her status to permanent resident. You have the basics of proving a good-faith marriage already. You can continue to add to the proof after you file the petitions and before the interview.

She should not leave the USA while her immigration petitions are pending. If she does, the law considers that she has abandoned the petitions. She can get advance parol (permission to re-enter) in case of exigent circumstances back home while her petitions are pending. One's own "wedding" (in reality, a second ceremony) is not such a circumstance, but a parent's dire illness is.
Answer Applies to: Washington
Replied: 2/15/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The fact is, you're in an ideal situation, with 4-5 months to go before your wedding. You can file for a K-1 fiance visa, which is a non-immigrant visa, which will be granted in 2-3 months, followed by your fiance picking up that visa at the embassy in Stockholm and coming to the USA to jon you. You would then have 90 days to complete that process by marrying, after which you could apply for adjustment of status (green card). When you file the petition for the K-1, you apply for parole so your fiance to reenter the USA so you can file for adjustment of status. If you want to discuss it further, call or e-mail me.
Answer Applies to: California
Replied: 2/15/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Overstayed visa is never a beneficiary factor in your petition. Whether your petition will be approved depends on more other factors. However, without assessing details of your case, I can't give you an advice. If you need help to prepare the petition so that it is approvable, please contact us.
Answer Applies to: Florida
Replied: 2/14/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No but once you marry file a i-130 after two years she can get a visa.
Answer Applies to: Tennessee
Replied: 2/14/2011
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