Visa-Faq.com

can i marry an american on a tourist visa

by Dr. Devon Dietrich PhD Published 3 years ago Updated 2 years ago
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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. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.

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.

Is it illegal to get married on a tourist visa?

There is no problem or penalty to getting married in the US while on a tourist visa. The problem is over staying the time limits of the visa. You can then return home and have your new spouse submit a form I-130 to request that you join them in the US. In this case the wedding date will be before filing the I-130.

Is there any restriction to get married in USA?

The marriage age in the United States is the age at which a person can marry in the United States as a right, or with parental consent or other authorization. This age is set by each state and territory, either by statute or the common law applies. In general, an individual can marry upon reaching 18 years of age in all states except in Nebraska, where the general marriage age is 19, and ...

Can an illegal immigrant be get married to an US?

Can illegal immigrants get married in the US? If you are an undocumented immigrant in the United States (sometimes known as a ‘illegal alien,’) there is nothing that prevents you from marrying a citizen of the United States, or almost anybody else you desire to marry in the country. On a regular basis, citizens of the United States marry ...

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What happens if you get married on a tourist visa?

If an individual comes to the U.S. on a visitor visa and decides to get married, they may be allowed to apply for a green card under an adjustment of status. This is a process in which the visa status is adjusted from visitor visa to permanent resident.

Can I stay in America if I marry an American?

A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the United States. A green card holder will then have “permanent resident” status until they apply for U.S. citizenship, if they choose to do so.

Can you apply for a fiance visa while on a tourist visa?

So, can a U.S. citizen file a K-1 fiance(e) visa petition while the foreign national fiance(e) is still in the United States? Yes, generally speaking, the K-1 visa application can be filed by the U.S. citizen while the foreign national fiance(e) is in the United States on a visit.

What happens if you marry an American citizen?

After marrying a US citizen you will not immediately become eligible to apply for US citizenship. However, as the spouse of a US citizen, you will be classed as an “immediate relative” and, accordingly, you will be eligible to apply for permanent residence, or what is commonly known as a green card.

Can I get deported if I'm married to a citizen?

Can Green Card Marriage Citizens be Deported? Can you be deported if you are married to an American citizen? The answer is yes, you can. About 10% of all the people who get deported from the U.S. every year are lawful permanent residents.

Do you automatically get a green card when you marry a U.S. citizen?

The beneficiary, or person who is applying to receive a green card, is generally automatically eligible to receive a green card once they are lawfully married to a U.S. citizen or green card holder.

What is the easiest way to bring my fiancé to USA?

If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.

How long can I stay in the US on a tourist visa?

180 daysThe maximum amount of time issued for a B1/B2 visa is 180 days. This visa allows for multiple entries into the United States. Need help applying for your B-1/B-2 visa?

Can I travel to the US while waiting for spouse visa?

It is absolutely possible for a foreign spouse to visit their partner in the United States while awaiting their green card application. If you are a foreign spouse, you may apply to enter the United States via a tourist visa if you have a pending I-130 petition, and wish to go back to your home country after the visit.

Are you automatically a U.S. citizen if you marry one?

Marriage to a U.S. citizen does not guarantee a green card or U.S. citizenship. Applications for U.S. green cards through marriage are scrutinized carefully, because the government takes fraudulent marriage very seriously.

What documents do I need to marry a U.S. citizen?

The documents required for a marriage green card vary by situation but generally include the following:Birth certificate.Marriage certificate.Financial documents.Proof of sponsor's U.S. citizenship or permanent residence.Proof of lawful U.S. entry and status, if applicable.Police clearance certificate, if applicable.More items...

How long does it take to be a U.S. citizen after marriage?

This process can vary in length, but for most people, it will take between 9 months and two years. If you received your green card based on marriage to a U.S. citizen, you can usually apply to naturalize and become a U.S. citizen after three years from the date you received your green card.

How long does it take to get a green card through marriage to a U.S. citizen?

about 15.5 monthsThe current total wait time for a marriage-based green card averages about 15.5 months. This will vary depending on whether you are married to a U.S. citizen or green card holder and where you currently live (additional backlogs may be applicable depending on your location).

How long do you have to be married to get U.S. citizenship?

3 yearsMarried to the U.S. citizen spouse at the time of filing the naturalization application; Living in marital union with the citizen spouse for at least 3 years at the time of filing the naturalization application; and.

How long does it take to become a U.S. citizen through marriage?

This process can vary in length, but for most people, it will take between 9 months and two years. If you received your green card based on marriage to a U.S. citizen, you can usually apply to naturalize and become a U.S. citizen after three years from the date you received your green card.

How long does it take to get married after a status adjustment?

Applying for a change of status or getting married based on a status adjustment is very risky within 60 days of landing in the U.S. It is even riskier after only 30 days. This is why we recommend waiting to get married. Both the Department of State and United States Customs and Immigration Service (USCIS) use the 30/60 rule.

Why is my visa denied?

Possible reasons for denial include: Entering the U.S. on a tourist visa and getting married will result in one of two possible outcomes: • Your application will be successful and you will get your status adjustment. • The immigration officer will decide you had preconceived intent and deny the application.

What happens if you leave the country?

If you do leave the country, the immigration officer on a subsequent visit to the United States will prevent you from re-entering the country. If this happens, you and your spouse will have to begin a new immigration process by petitioning for a spouse visa for yourself. During this process, you will have to stay in your home country.

Can you change your immigration status?

Success or failure in changing your immigration status depends on your being able to demonstrate that you entered into the nuptial union in good faith, and not just for the immigration benefits. If the officer detects otherwise, he will deny your application and send you back home to your native country.

Can you fool the immigration officers?

Do not think for a moment that you will be able to fool the Immigration officers. Not only are they trained to spot visa fraud, but they have also probably heard a story very similar to yours many times before. Violate America’s strict immigration laws and you face charges of visa fraud. At the very least, you will be sent straight back to your home country. At worst, you may be barred from ever returning to the United States.

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 get deported from the US?

If ICE initiates removal proceedings to deport you from the United States, here’s what you can expect: 1 You will be detained at an ICE detention facility or contracted prison until you post a bond, are released on your own recognizance, or are deported. 2 ICE will present your case to an immigration court of the Department of Justice 3 You may seek relief from deportation under certain qualifying circumstances. If the court accepts your defense against deportation, the judge will approve a cancellation of removal. If the court rejects your defense, the judge will issue a removal order. 4 Should the immigration court reject your request for relief, you may appeal your case to the Board of Immigration Appeals and/or the Circuit Court of Appeals. 5 Should the appellate courts reject your appeals, the US will coordinate with the receiving country to accept the deportee and acquire travel documentation. Some countries (such as Mexico) can result in a deportation in less than 2 weeks, while others can take up to 90 days.

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 ...

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If You Want to Simply Get Married and Then Return Home

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. But that doesn't mean this is a risk-free strategy.

If You Hope to Get Married and Then Apply for a U.S. Green Card

Using a B-2 visitor visa to enter the U.S. with the intention of getting married and applying for a green card is a form of visa fraud. The visitor visa is a nonimmigrant visa, whose proper use requires entering with the intention of returning home (or at least leaving the U.S.) by the date on the I-94 Arrival/Departure Record.

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 immigration outdated?

Immigration is constantly changing, and old information often becomes outdated, including procedures, time lines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete.

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 stay in the US to get a permanent residence?

Though they have received their stay visa, still if they want to make their residence permanent and non-dependent on their citizen spouse, they would have to stay in the US continuously for five years before they can apply again for permanent residency. In a nutshell.

What happens if you get a visa fraud?

If the immigration officials sniff one out to be committing visa fraud, that person can be sent to jail, deported, or when push comes to shove, they can be barred or banned from ever entering the country again.

What is the lie that is said in front of the designated officer during the visa interview?

The lie said in front of the designated officer during the visa interview is known as the visa fraud, and, for obvious reasons, it does not paint a pretty picture for future interviews or processes. 2. Follow the 90 days rule. Know that immigration officers adhere to a standard called the 90-day rule.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

Can an American marry a foreigner?

If you are an American citizen marrying a foreigner, who is your bae and, who is in the US on a tourist visa – as cliché as it sounds or something out of a cheesy Hallmark movie, it is very true and happens more often than one might think. The only problem occurs when a US citizen does not have the complete required details ...

Who fills out the K-1 visa?

A K-1 visa application is usually filled by the person who is a US resident. The fiance should document Form I-129, Petition for Alien Fiancé, with the USCIS. On the off chance that the foreigner has any kids, they may make a trip to the United States with a K-2 visa.

Can a life partner apply for a green card?

Subsequent after spending five years in the United States with a substantial green card, your life partner might have the option to apply for naturalization and become a US citizen.

Can I get same sex visa as opposite sex spouse?

Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. ...

Can a spouse get a K-3 visa?

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé (e), Form I-129F. Learn more.

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Benefits and Pitfalls

Marriage Can Be Difficult, But Not Impossible

  • Occasionally, people do get married in the United States while on a tourist visa. They successfully adjust their status to permanent resident without having to return home. How does this happen? The trick to changing status from a tourist visa or visa waiver is to prove that there was no premeditated intention to get married, but it was a spontaneo...
See more on prideimmigration.com

Understanding “Visa Fraud”

  • Entering the United States for the purpose of finding a spouse and then filing for a change of status is visa fraud. Immigration officers frown on this and can seriously complicate your honeymoon plans.
See more on prideimmigration.com

Denial of Status Adjustment

  • Getting married in the U.S. while on a tourist visa is no guarantee that you will get a status adjustment. Possible reasons for denial include: • Health • Criminal history • Previous ban • Lack of evidence that the marriage was in good faith Entering the U.S. on a tourist visa and getting married will result in one of two possible outcomes: • Your application will be successful and yo…
See more on prideimmigration.com

Departing from The United States

  • Say you are in the country on a tourist visa. You later get married and apply for an adjustment of status. You will be unable to leave the U.S. until you receive your green card, or you ask for and receive advance parole. If you do leave the country, the immigration officer on a subsequent visit to the United States will prevent you from re-entering the country. If this happens, you and your s…
See more on prideimmigration.com

Always Be Honest with Border Protection Officers

  • As you enter the United States, Customs and Border Protection (CPP) inspection officers will ask you to declare your reason for traveling to the U.S. This is a routine question that they ask everybody. Before you blurt out you are going sightseeing, be aware that they may search your luggage. If they find a pile of wedding invitations, you are going to have to answer some embarr…
See more on prideimmigration.com

Do Not Attempt Visa Fraud!

  • Do not think for a moment that you will be able to fool the Immigration officers. Not only are they trained to spot visa fraud, but they have also probably heard a story very similar to yours many times before. Violate America’s strict immigration laws and you face charges of visa fraud. At the very least, you will be sent straight back to your home country. At worst, you may be barred fro…
See more on prideimmigration.com

Seek Professional Legal Assistance

  • We strongly recommend that you take time to ponder the consequences of getting married on a tourist visa in the United States before you take the plunge. Take a close look at all the legitimate options, such as obtaining a spouse or fiancé visa, to avoid having to face the legal ramifications.
See more on prideimmigration.com

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 ...
See more on jacksonwhitelaw.com

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 foreigner enters the United States. The longer you …
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…
See more on jacksonwhitelaw.com

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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