New to this process

[kwalla]

What is the name of your state? New York


My boyfriend is from Sweden and I am an American citizen. I have been to Sweden and he has been to NY, right now we are both in our respective countries. Here is our thought process, please tell me if I am mistaken on how this could work.

He will come visit me (Sweden is a visa-waiver country). If things go well (as we suspect it will), we would get married in the US and I would hire a lawyer to being the process for his green card while he remains in the US.

Will this plan work? Is it okay for him to stay in the US while the paperwork is processed if we file before the 90 days for his spousal visa?

Thank you very much for all your help.

 

[HappyHusband]

What is the name of your state? New York


My boyfriend is from Sweden and I am an American citizen. I have been to Sweden and he has been to NY, right now we are both in our respective countries. Here is our thought process, please tell me if I am mistaken on how this could work.

He will come visit me (Sweden is a visa-waiver country). If things go well (as we suspect it will), we would get married in the US and I would hire a lawyer to being the process for his green card while he remains in the US.

Will this plan work? Is it okay for him to stay in the US while the paperwork is processed if we file before the 90 days for his spousal visa?

Thank you very much for all your help.

It is illegal to enter the U.S. on a visa-waiver with the intent to immigrate to the U.S..

 

[kwalla]

Thank you for your response.

So, the correct way of doing it would be to have him come visit, then let him go back home, marry in Sweden and then file?

 

[evcalyptos]

Thank you for your response.

So, the correct way of doing it would be to have him come visit, then let him go back home, marry in Sweden and then file?

You might want to marry in the US anyway--it is much easier and faster here than there.

As for filing, you can then file for him from the US, or investigate if you would be allowed to file the I-130 at the consulate in Sweden. I have a feeling they might let you, even though you do not live there.
You can research it on the net under Direct Consular Filing or DCF.

 

[kwalla]

Thank you for your reply.

It appears Sweden does allow DCF. My question would be, should we be married here or in Sweden? We are planning for him to come visit soon, if marriage is inevitable, should I marry him and then send him back to Sweden and start the DCF process?

I thought once married, he could request a change in status and he could stay here while the paperwork was processed, but it appears that is not the case.

 

[FLMommy]

Have you considered a fiance visa?

 

[evcalyptos]

Thank you for your reply.

It appears Sweden does allow DCF. My question would be, should we be married here or in Sweden? We are planning for him to come visit soon, if marriage is inevitable, should I marry him and then send him back to Sweden and start the DCF process?

I thought once married, he could request a change in status and he could stay here while the paperwork was processed, but it appears that is not the case.

I never looked into what it takes to get married in Sweden. I just know that it is usually easier and faster to marry in the US than in Europe/Scando in general. Unless the Consulate in Sweden has a particular stiplation about it, it doesn't matter where you marry, with regard to the filing.

As explained earlier, coming to the US as a non-immigrant when you really intend to immigrate is illegal.

As FL suggests, a fiance visa is another route. Personally I like the DCF better, but each couple is different and has different needs.