Is there a way for my Spanish boyfriend to enter the US?
 

Hi!

We have already been dating 4 years. He was supposed to move to Aspen, CO to be with me in June and we were going to get married in September. I am also Spanish but have dual citizenship.

With COVID we haven’t seen each other since the beginning of March. He has a valid ESTA that he doesn’t seem to be allowed to use to visit.

It looks like if we got married then he would be allowed to visit me? I’m going to Spain October 20th for 6-8 weeks, depending on whether I have to quarantine When I get back to CO (do I? 🤷🏻‍♀️). But would he be allowed to apply for a green card here if we are already married when he enters the country? And if he was visiting as a spouse, does he need some kind of permit from the government to enter the country?

We just want to be together here, in the US. Is there a way?

So many questions, I apologize. I am just so frustrated! I’d really appreciate any help/advise you can offer regarding this matter

Re: Is there a way for my Spanish boyfriend to enter the US?
 

If you get married, you can then start the process for a spouse immigrant visa (CR-1), which takes about a year from start to finish.

He may be able to visit on the VWP, but he wouldn't be able to stay longer that the alloted 90 days per trip and no back to back trips.

Also, it's illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident, so don't do that.

Rene

Re: Is there a way for my Spanish boyfriend to enter the US?
 

Thanks Rene.

What about a fiancé visa to get married in the US? Is that a possibility?

Re: Is there a way for my Spanish boyfriend to enter the US?
 

I've moved your thread to the marriage based visa forum as that seems to be the route you're looking at.

Info on the K-1 visa v the CR-1 that Rene mentioned is here - https://britishexpats.com/wiki/Compa...e-based_visas_

Processing time is about the same IIRC so if you're going to Spain in a month and getting married, you may be better off sticking to the CR-1 route, but the forum pros will advise.

Good luck.

Re: Is there a way for my Spanish boyfriend to enter the US?
 

Sure, that's a possibility. The processing time is about the same, but in the meantime, since he wouldn't be the spouse of a USC, he would have trouble visiting until that restriction is lifted.

Rene

Re: Is there a way for my Spanish boyfriend to enter the US?
 

If I remember correctly, isn't that the visa you used to marry your USA fiancee many years ago? If so, nothing has changed since you went through the process. You can apply for the start of it now (I-129F) and if the travel ban is lifted, he can visit from time to time and when it is finally approved (K-1) at the US Consulate in Spain, he can then come to the US to marry you and remain to adjust status as you did.

You can also marry in October when you are in Spain and then apply for the his Immediate Relative Visa (CR1/IR1 visa) via supporting the I-130 to the USCIS here in the US. Then after it is approved and he goes through the visa process in Spain he will enter with the approved visa and become a conditional permanent resident/greencard holder with the rights to work and live here with you.

Re: Is there a way for my Spanish boyfriend to enter the US?
 

K1 has many negative aspects very few positives so do consider wisely.

Re: Is there a way for my Spanish boyfriend to enter the US?
 

Just to add to this, it can result in a permeant ban from the US. So really don't do that.

In point of fact, the initial plan that you mentioned in your OP (below) was also totally illegal.

Re: Is there a way for my Spanish boyfriend to enter the US?
 

Just wanted to say...hi anabella:wub::heart:!

Re: Is there a way for my Spanish boyfriend to enter the US?
 

Hi Rete,

The first time I got married it was in England, where I lived at the time. So I applied for my conditional green card through the US consulate in London.

It seems our best option is to wait for the travel ban to be lifted and to get married here. At least that way we can be together while paperwork gets shorted out

Re: Is there a way for my Spanish boyfriend to enter the US?
 

K1, that has MANY negatives.

Re: Is there a way for my Spanish boyfriend to enter the US?
 

I don’t understand. I asked an immigration attorney if my boyfriend needed to get a fiancé visa to enter the country and get married and he said there was no point, and that it was better to enter as a tourist

Can you please explain why it’s illegal? Also, there must be a legal way to get married here so we can be together (when he’s allowed to visit), what is it?

Re: Is there a way for my Spanish boyfriend to enter the US?
 

Hi beautiful! ❤️

Re: Is there a way for my Spanish boyfriend to enter the US?
 

You said this:

Re: Is there a way for my Spanish boyfriend to enter the US?
 

Hello there...long time, no see

As I understand it he can enter the US with the intent to marry...but he must then leave until his visa has been approved. To enter the US to marry, with the intent to stay is illegal and could get him deported and/or banned.