My fiance is currently in the US under a traveler’s visa. Are we able to file for a fiance‘ visa with him still in the country, and will this allow him to stay past his departure date in September?
You can start the process whilst your fiance is in the US, plenty of people do that. He cannot however stay past the date on his I-94.
If your fiance entered the US and did not have immigrant intent on entry and is otherwise eligible, (you can also decide to get married in the US), your fiance can file to adjust status through marriage to a US citizen. See Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States? Http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ddd6e6b0eb13d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD
Read the section under the heading ‘Otherwise Eligible Immediate Relatives’
You can also find great guides and flowcharts for the various visa processes at http://www.familybasedimmigration.com/forum/index.php
If you do decide to get married and then adjust status (if eligible), you should have at least a consult with a competent immigration attorney, prior to taking any steps.
All the best to you with what ever you decide.
Posted From Yahoo! Answers (for informational purposes only)