A NON-EU RESIDENT PLANNING TO GET MARRIED TO A US-CITIZEN

I'm a non-eu and staying in Spain without a resident at the moment. I've been on a date with a US- citizen over a year now. Our aim is to get married. An option is open for us to get married in Spain but she is a non-eu resident as well. Language, stay and work permit seems to be the major drawback on that aspect. She plans to file a fiance visa from US but the fact that i'm a non resident made us wonder if the US embassy would grant an invitation for my interview here in Spain.We've rule out the option of going back to my home country to attend such interview.
What legal advice or assistant can we get to pursue or finalize our aim?

Hi:

Just saw your note, might be too late to respond. The US is going to be looking for evidence of your relationship, and evidence that you will follow the immigration rules if they grant you a visa.

From your note, I'll assume that you're in violation of Spain's immigration rules. If this is true, you're going to have a tough time getting the US to approve a visa for you, even if it is one that leads to a permanent category. They will question your relationship, and want lots of proof that you're not planning to get married for immigration purposes.

In terms of whether they will let you have the appointment in Spain, I'm not so sure. They may, given that you'll need to provide your current address, but when you attend they will definitely note that you're in violation of the immigration rules where you are. Most countries will only let you have appts in the place where you are legally resident, or your country of citizenship.

Honestly, even returning to your home country would be risky since the US will want you to describe your relationship and provide proof, etc., so it will come out that you were in Spain, and they'll not in your passport that the dates indicate that you overstayed.

Having said all that, if you are in Spain on some other immigration category that provides you with the right to stay there (eg; Student Visa for example), then you should be able to have your appointment in Spain, but bring lots and lots of proof of your relationships, and make sure that you both have discussed in detail your future plans. They will ask, and look for discrepancies in your answers.

Good luck!

Thanks for the reply to my post. Seriously, I'm almost losing hope about her because, I have thought about this even before you wrote but the string of love is still there. Regarding prove to our relationship won't be a problem even as at present we are even contemplating having a baby (for her getting pregnant). I still have to know if that's the right thing to do. Yes, i overstayed my visa period but Spain has leniency for immigrant to some degree even up to the extend registering with the hospital (for medical care) and their urban service ( for prove of where someone is living in Spain) but that still won't rule out the fact that i violate their immigration rule. Having said all this, do u think it is worth it or what other advice do u have for me?
Thanks once again for your earlier respond

Hi Flex:

I think you're going to struggle. You could try to get the visa and hope for the best. If you get denied then it'll be harder later since you'll have a denial. I haven't looked at the forms, they may ask you to only apply from somewhere that you're legally at. If so, then you technically can't apply without going home first.

You could get married in Spain, but you'd still end up with the same issues. If your partner can find work in Spain via a work permit, then you might be able to marry and get legal residence in Spain. I'm not sure though, you'd have to go to the Europe part of the board and find out how tough that would be. Alternatively, Spain has a history of giving amnesty to those who are illegal, if they do that again then you'll be legal and it won't be an issue anymore. Unfortunately that could take a while.

Sorry I can't be more helpful. Good luck.