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Question About US Fiance Visa Vs Spouse Visa

Richard asks…

HELP Schengen visa overstay, marriage, return to the US?

I am in need of some advice and appreciate everyone´s answers. Please no mean answers.
I first came to Spain in January 2007 to study six months on a visa, met my fiancee, came back to study another year on a visa, left, and came back to live with my fiancee and look for a job. I have been good about all the visa rules up until the last stay (I have overstayed my tourist visa by about 8 months). My fiancee is not an EU or US citizen although he is an EU legal resident. We want to get married and have plans to live in the US. I have been offered a job and need to get back to the US, but I´m afraid I will have problems at the border with all the heightened security. Also, we want to marry now to speed up the process of bringing him to the US so we can be together but it looks like marriage in Spain takes several months to process and I need to work.
By the way, I have never worked illegally in Spain- which (I´ve heard) is the main reason why they get so upset with people overstaying visas.

1.What happens if I go to the US embassy to start the marriage process and they see I have overstayed my visa? Does the US side with the Spanish government or will they help me out?

2. What can I do and what do I say if I get stopped at the border? Are the officials sympathetic to stories like mine or should I feign ignorance? Will I get locked in jail or fined 5,000€ or be banned from the EU?

3.If we can´t get married before I have to start my new job in the US……Any advice about a fiancee visa vs. visa for spouse? I´m afraid it will take longer for a fiancee visa and dont want it to get denied because of my overstaying the visa in EU. Are they less likely to accept a fiancee visa over a spouse visa?

4. I have heard about concluding a marriage contract without being present- let´s say we started the process and while the paperwork is going through all the red tape, I would be working in the US and he could get here sooner. Anybody know anything about this?
I am a US citizen KimS so piss off

Best Answer:

Your overstay in Spain will not be held against you here in the US, as long as you are a US citizen.

If you are a US citizen, you can either file for a fiance visa or a spousal visa from the US. BOTH will take about a yr to complete. (I am not sure about the procedure to do a consular filing at the American embassy in Spain. I believe (could be wrong) that you need to be married 2 yrs before doing such a filing.

As long as you have the finances to qualify as his sponsor in the US, you should be fine. You will need a lot of evidence of your relationship, such as photo’s,..etc.


Posted From Yahoo! Answers (for informational purposes only)

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