Getting married to Italian in US...need info please

[solie 0]

Okay...here is the situation. I met my boyfriend about about a year and a half ago, he is an italian and was working on a boat that was here in CAlifornia, so had a work visa. That expired on Oct. 31st. We just had a baby in Sept. and are living together right now. My Boyfriend left the country to mexico on Oct 31st since his visa was up and then he re-entered. They only gave him 15 days to be here in the US with a tourist Visa. We had talked about marriage but didn't want to rush into it, but now it looks as though we don't get the time we hoped for. We are now wanting to marry....should he leave to Italy and I apply for K-1 visa, or should we marry in next 15 days and then apply for change of status for him. I just don't want him to leave and then get stuck outside the US for a long time....

Also...What is the general cost of this whole process? I've heard it can be really costly. And about how long does the whole process take?

We are going to talk to an attorney today, but wanted info here as it looks like there is a lot of knowledge from people who are actually going through the process.

Thanks so much.

[Brother Hesekiel 2,236]

Darn!

There was no reason for him to leave to Mexico, now that you are going to get married anyway. When he got his work visa way back when, he had no intention to overstay and to get married, so adjustment of status via I-485 would have been a cat walk.

Now, however, he entered with a 15-day tourist visa, which complicates things quite a bit. If he had no intention to marry you when he came back from Mexico, and can make a good case out of it, he can adjust status from within the US. Unfortunately, if the Immigration Officer doesn't believe the story, true or not, they simply may assume visa fraud, true or not, and deport him with a possible lifetime ban.

The safest way would be for you to get married, after which he would return to Italy where you get the I-1 or CR-1 started.

What would I do? I don't know. Different people will give you different answers. It's possible to adjust, but especially with a 15-day I-94 from Mexico it involves a huge risk that, so I assume, few people would be willing to take.

[Gary and Alla 3,696]

Okay...here is the situation. I met my boyfriend about about a year and a half ago, he is an italian and was working on a boat that was here in CAlifornia, so had a work visa. That expired on Oct. 31st. We just had a baby in Sept. and are living together right now. My Boyfriend left the country to mexico on Oct 31st since his visa was up and then he re-entered. They only gave him 15 days to be here in the US with a tourist Visa. We had talked about marriage but didn't want to rush into it, but now it looks as though we don't get the time we hoped for. We are now wanting to marry....should he leave to Italy and I apply for K-1 visa, or should we marry in next 15 days and then apply for change of status for him. I just don't want him to leave and then get stuck outside the US for a long time....

Also...What is the general cost of this whole process? I've heard it can be really costly. And about how long does the whole process take?

We are going to talk to an attorney today, but wanted info here as it looks like there is a lot of knowledge from people who are actually going through the process.

Thanks so much.

Indecision and un informed actions has caught up with you. as stated above, marriage before his work visa expired would have been easy to adjust from.

Now with a baby, having lived here, etc, it will be impossible for you to claim no intent of marriage on a tourist visa. Best bet is for you to get married, within the 15 days, then for him to go back to Italy while the CR-1 is processed...8-10 months usually.

If you cannot get married before the 15 days, then he should return and you can file for a K-1. He can visit during the processing if he has adequate evidence he will return. There is no other lawful way for him to remain in the US through marriage or engagement at this point.

[payxibka 10,048]

if he entered on a "crewman" or "C" visa (which is sounds like it could be based on the 15 days stay), there is no adjustment of status from inside the USA... it is one of the ineligible categories.... if so the only choice for this situation is to do consular processing from Italy

[Stephen + Elisha 92]

if he entered on a "crewman" or "C" visa (which is sounds like it could be based on the 15 days stay), there is no adjustment of status from inside the USA... it is one of the ineligible categories.... if so the only choice for this situation is to do consular processing from Italy

She said a "tourist visa," but sounds more like VWP. If they thought there was a likelihood that he was going to stay, but not enough to deny entry outright, that might account for the abbreviated authorized period of stay.

[payxibka 10,048]

if he entered on a "crewman" or "C" visa (which is sounds like it could be based on the 15 days stay), there is no adjustment of status from inside the USA... it is one of the ineligible categories.... if so the only choice for this situation is to do consular processing from Italy

She said a "tourist visa," but sounds more like VWP. If they thought there was a likelihood that he was going to stay, but not enough to deny entry outright, that might account for the abbreviated authorized period of stay.

She said he is an Italian working on a BOAT.... VWP would not normally provide a 15 day stay but a crewman visa would