What is the shortest time option to get my fiancee to come and stay in the US?

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What is the shortest time option to get my fiancee to come and stay in the US?

I am engaged to a man from Sweden and we are trying to live together in the US. We would like to know about any options for us that don’t involve us getting married right away or if we do marry what country would be best to do that in. We are unsure about what visa types to apply for and which ones would have the shortest wait times. He also wants to study in the US. but we are unsure if it would be good for him to come here on a student visa.

Asked on February 7, 2012 under Immigration Law, Alabama

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since he is from Sweden, he can come to the US as a visa waiver entry and that gives him up to 90 days to remain in the US.   While it is usually not a good idea to get married right away if one enters on the visa waiver, it is possible to strategize a plan of action through that type of entry, if it is done correctly.  That way he can enter, you get married toward the end of the 90 days and then file for a green card on the basis of marriage and everything is done within the US.  If you want to wait longer, you can petition for a fiance visa and that will take about 9-12 months but during that time he will most likely NOT be permitted to enter the US.  Once he enters, he will have 90 days during which to get married and then file for permanent residence.  Or you can get married abroad and then petition for him as a spouse and that will take about 10-12 months before he can enter the US as a permanent resident.  Again, he will likely not be permitted to enter while the petition is pending.


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