Legal Question in Immigration Law in New York
legal extension of visit in US?
y fiance is expected to fly back to
Sweden in a month. Meanwhile, my
divorce will not be final for another
three months. Can you tell me if
there are any legal extensions that
are available based on our
circumstances? Any documents or
petitions that can be filed for him to
stay in the US without getting
penalized.
3 Answers from Attorneys
Re: legal extension of visit in US?
If your fiance is here on a tourist visa B1 or B2, he can file an extension immediately for a good reason and he will be safe to remain in the U.S. pending the decision of the extension (usually takes 3-6 months). If you get divorced, he can return and you can petition for a fiance visa. Be careful about getting married here in the U.S. If he obtained a tourist visa, he is expected to return to Sweden because that is how he obtained the visa in the first place -- only to visit. An extension will only delay the inevitable. Now, there is a possibility that if you marry here in the U.S. he may be able to adjust his status, but I suggest you see a good immigration lawyer who can make things happen. good luck.
Re: legal extension of visit in US?
It depends on how your fiance entered the US on whether he/she will be able to file an extension to remain here. Your fiance should speak with an attorney to discuss all options. Feel free to contact my office directly.
Re: legal extension of visit in US?
You didn�t mention under what visa did he entered U.S. There is no extension for a fianc� visa, however, tourist visa can be extended.
For addition questions you can contact me directly.
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