Legal Question in Immigration Law in California
my boyfriend and i have been engaged in barcelona for almost two years,now i haveito go home to califoniato US to get a fiance visa, problem is he is here illegally and never got visa, Can i still get him a fiance visa without him returning home to his country ? He is in Barcelona.. Also which is better, a friend t invite him to work or me to get the fiance visa, or both? any ideas for procedure would be blessed.. thank you so much,, worried in barcelona
2 Answers from Attorneys
What country he is from? How, when and on what visa did he come to Spain? Did he apply for any status in Spain or any other EU country?
Yes, it's possible that he will have to go back to his home country. It's also possible that immigration to the USA may take significant effort and time.
His situation is much more complicated than can be discussed on a public forum (him being an illegal immigrant in EU, and planning to move to USA). To receive legal advice regarding your fiance's chances and options, you need to consult a U.S. immigration attorney and provide lots of additional information about your fiance.
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Yes, this is a confusing question. We specialize in consular processing--which your fiance will need to do, regardless of hs nationality. That processing will need to occur in his home country, assuming it has a U.S. consular presence. If your fiance is in Spain illegally, this may be an issue for Spain, but not necessarily relevant for a U.S. K visa. Another possibility is that your fiance may be in the U.S. with adjustment of status available. Call us at (805) 549-7745 or see www.harrellimmigrationlaw.com.
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