Visa-Faq.com

can i get married on a tourist visa

by Nyasia Wilkinson Published 3 years ago Updated 2 years ago
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The short answer to this complex question is yes, you can get married to someone who has entered the U.S. on a visitor visa. Generally, anyone from a foreign country enters the U.S. with a visa. The type of visa they are granted is based on the intent of their visit.

Can I marry an US citizen on tourist visa?

Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.

Can spouse of US citizen get a tourist visa?

The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married. In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.

Can a permanent resident marry a tourist?

There is nothing in the regulations that say individuals who are in the US as visitors cannot get married. In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.

How to get a visa after marriage?

  • Approval – the USCIS officer approves your case .
  • Approval pending evidence – the officer will approve you but needs additional documents. In the meantime, you must respond to an RFE before they continue. .
  • Denial – you’re either inadmissible or the officer doesn’t see enough bona fide marriage evidence.

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Can I marry a US citizen while visiting?

Legally, there is nothing wrong with getting married while you are in the U.S. as a visitor (on a B-2 visa), if you return home at the end of your permitted stay.

How do I marry a non US citizen on a tourist visa?

Unlike most visas that are initiated with the US Embassy in the foreigner's home country, a K-1 visa application is typically filed by the fiancé who is a US citizen or lawful permanent resident. The fiancé will need to file Form I-129, Petition for Alien Fiancé, with the USCIS.

Can I get married on a tourist visa to a U.S. citizen 2022?

The short answer to this complex question is yes, you can get married to someone who has entered the U.S. on a visitor visa. Generally, anyone from a foreign country enters the U.S. with a visa.

Can you stay in the US while waiting for marriage green card?

In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card.

What is the process for marrying a non U.S. citizen?

If both partners are not present in the United States You can apply for the visa with Form I-129F, “Petition for Alien Fiancé.” The fiancé visa will enable your future spouse to come to the United States, marry you, and adjust their status.

Can I stay in the US after marrying a U.S. citizen?

Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www.

What documents does a foreigner need to get married in the US?

To get married in the U.S., you simply need the proper identification to apply for a marriage license in the county in which you are to be married. In most cases, you'll need to provide a valid passport. You may also need to prove that you are old enough to be legally married and that you are not already married.

Can I marry someone who overstayed visa?

If you overstay your visa for less than 180 days, you may leave the U.S. and apply for a Green Card through consular processing. If your overstay has been more than 180 days, the only option is to wait for your spouse to become a U.S. citizen and then apply for I-485 Adjustment of Status inside the U.S.

What is a tourist visa?

Tourist visas are for people who want to sight see, not get married.

What is the intention of a visa?

Intent is what really matters. The intention of a tourist or travel visa is a temporary visit for a specified amount of time. If you want to get married during your visit then return home before your visa expires that may be legal, but a travel visa should not be used with the intention of entering the United States to marry, ...

Can a fiancé be deported?

If the USCIS later decides that your fiancé (e) has committed visa fraud, they could be deported and will be impossible for them to legally return to the United States, even if the two of you are married.

Is it illegal to say one thing when you intend another?

Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties.

Is it legal to get married in gray areas?

Gray areas aren't generally the government's forte. It is legal to enter the U.S. on a tourist visa, travel visa or the Visa Waiver Program (VWP) and get married to a U.S. citizen. It is also legal to adjust your status after getting married.

How long do you have to wait to marry a foreigner?

Be aware that immigration authorities follow a rule called the 90-day rule. The rule holds that travelers who get married during their first 90 days in the United States pose a higher risk of visa fraud. If you want to stay off immigration officials’ radar, avoid the 90-day rule by postponing the wedding until at least three months after the foreigner enters the United States. The longer you wait, the better.

How long does it take for a spouse to get a green card?

Doing so honors the terms of the 6-month tourist visa and presents the lowest risk of being charged with visa fraud. It may take a few weeks or months before the application is approved by the US Embassy, but this is the smoothest path to legal residency in the United States.

How to check status of USCIS case?

After completing your interview with a USCIS representative, you can check the status of your case online. Once the agency has made a decision, they will mail you a letter. Assuming your case is approved, you should receive your green card in the mail soon after.

How much does it cost to file an alien relative?

There is a $535 filing fee.

Can a foreigner get a visa if they are married?

If the foreigner originally intended to get married and permanently reside in the United States, they should have applied for a fiancé visa, not a tourist visa. By lying to a consular officer during the visa interview, they committed visa fraud. In the best-case scenario, the foreigner will be deported. In the worst-case scenario, they may be ...

Can a foreigner be deported?

In the best-case scenario, the foreigner will be deported. In the worst-case scenario, they may be banned from returning to the United States. If you marry a foreigner on a tourist visa and your new spouse would like to remain in the United States, you should consult with an immigration attorney before leaving the country or applying ...

Can a foreigner marry a US citizen?

When a foreigner intends to travel to the United States to marry a US citizen or lawful permanent resident, they should apply for a K-1 fiancé visa, not a B-2 tourist visa. Under a K-1 visa, the foreigner simply needs to get married within 90 days of entering the United States. After the wedding, he or she can apply for an Adjustment ...

Good Faith Marriage

As soon as you begin the application process of adjusting status, it is important to show that a) you came to the U.S.

Interview

You and your spouse will be required to attend an interview during which you will be questioned by immigration officials on your relationship to establish its legitimacy. It is important to show that it was a good faith marriage and not solely for the intent of adjusting status in the U.S.

Timing the Wedding

Even if you hold off for 60 days before filing for adjustment of status, but you got married very quickly after entering U.S. it can still raise red flags, making it more difficult to adjust status once you decide to file the application.

Possibility of Adjustment of Status Denial

There is always a possibility that the application will be denied for various reasons. Visa fraud is not the only reason why USCIS can deny your application. Other reasons include person’s health, criminal history, sanctions or other immigration history.

Returning Home After Wedding

If you get married quickly after entering the U.S. but return to your home country, the timing of the wedding is irrelevant.

Staying In the U.S. Immediately After Marriage

While it is okay to get married quickly after entering the U.S. and then returning to your home country soon after that, this scenario assumes that you did not apply for adjustment of status. If you do apply for it after getting married, you will not be able to leave U.S. until you receive your Advance Parole or Green Card.

Crossing the Border

When coming to the U.S. on your tourist visa, remember that inspection officers at the borders can question and inspect you to find out the purpose for traveling. If you say you are only visiting but they find a wedding dress in your luggage, you will most likely have to answer many questions and may be denied entry.

What is the form for a spouse to file for a B-1 visa?

You, as the B-1 or B-2 visa holder, need to file Form I-485. Form I-485 is the green card application and is officially named “Application to Register Permanent Residence or Adjust Status.”.

What is the form for a spouse to get a green card?

Form I-130 is the family sponsorship form and is officially named “Petition for Alien Relative.”. After your spouse files this form, you must wait to receive a visa number to apply for a marriage-based green card. However, your next steps depend on whether you get your visa number before or after your B-1 or B-2 visa expires.

What is the Adjustment of Status Application Process From a B-1/B-2 Visa to a Marriage Green Card?

When you’re sure you won’t be affected by the 90-day rule, you can apply for adjustment of status to obtain a marriage green card. Since your spouse already arrived via a B-1 or B-2 visa, they won’t be obtaining an immigrant visa but instead changing their current status. The process will be slightly different depending on whether your spouse is a U.S. permanent resident or U.S. citizen.

Who Qualifies for an Adjustment of Status to a Marriage Green Card?

To apply for adjustment of status as the spouse of a U.S. citizen or lawful permanent resident, you must meet two requirements.

How long does it take to get a green card if you have a visa?

The entire process, beginning when U.S. Citizenship and Immigration Services (USCIS) received your Form I-130, will take about 29 to 38 months .

How to apply for adjustment of status as spouse of a U.S. citizen?

citizen or lawful permanent resident, you must meet two requirements. First, you must be located in the United States when applying. Second, you must have entered the United States lawfully.

Can a spouse apply for consular status?

If the spouse is not located in the United States, they can apply for consular processing. If the spouse is already located in the United States, the Immigration and Nationality Act (INA) allows them to apply for adjustment of status.

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Gray Areas Aren't Generally The Government's Forte.

Intent Is What Really matters.

  • The intention of a tourist or travel visa is a temporary visit for a specified amount of time. If you want to get married during your visit then return home before your visa expires that may be legal, but a travel visa should not be used with the intention of entering the United States to marry, stay permanently and adjust status. Using the K-1 Fiancé(e) Visaavoids all of the problems noted abo…
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The Potential Consequences of Doing It Wrong Are serious.

  • There could be serious problems for someone who enters the United States on another visa with the intention of marrying or residing here. Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immig…
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Tourism Is Kind of specific.

  • In order for someone to get married in the U.S. while visiting on a tourist or travel visa and then adjust their status to lawful permanent resident they would need to prove they came to the U.S. with the intention to travel to and visit the U.S. and return to their home country but not to get married or immigrate here.
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What's The Safe Way?

  • You can easily avoid visa and/or immigration fraud by filing for a K-1 Fiancé(e) Visa or you could get married in the home country of the foreign fiancé(e) and then apply for a CR-1 Spousal Visa. If you have secretly obtained a tourist or travel visa, with the intent to marry your fiancé(e) in the U.S. and to bypass the normal process you should rethink your decision. Disclaimer: The informatio…
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Introduction

  • Marrying a foreigner who is in the United States on a tourist visa is perfectly acceptable when the marriage is spontaneous (meaning it wasn’t planned before the foreigner applied for their visa). Most immigration attorneys would still recommend that the foreigner return to their home country and apply for a green cardwith the US Embassy, but it’s certainly possible to change their status …
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How to Marry A Foreigner on A Tourist Visa

  • Be aware that immigration authorities follow a rule called the 90-day rule. The rule holds that travelers who get married during their first 90 days in the United States pose a higher risk of visa fraud. If you want to stay off immigration officials’ radar, avoid the 90-day rule by postponing the wedding until at least three months after the foreig...
See more on jacksonwhitelaw.com

Applying For An Adjustment of Status

  • If your new spouse does not want to return to their home country, they can apply for an Adjustment of Status while in the United States. This path can be extremely challenging for visitors on a tourist visa, but it’s not impossible. To be successful, you’ll need to prove that the marriage is legitimate (i.e. you married for love, not just for a green card), and you’ll need to conv…
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Getting A Fiancé Visa

  • When a foreigner intends to travel to the United States to marry a US citizen or lawful permanent resident, they should apply for a K-1 fiancé visa, not a B-2 tourist visa. Under a K-1 visa, the foreigner simply needs to get married within 90 days of entering the United States. After the wedding, he or she can apply for an Adjustment of Status without having to leave the United Stat…
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The Deportation Process

  • Generally speaking, the United States has the right to deport foreign nationals who violate their visa, are considered a threat to public safety, or participate in criminal activity. Immigrants who illegally enter the country without travel documents or with forged documents may also be deported. If ICE initiates removal proceedings to deport you from the United States, here’s what …
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