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can i marry in the us with a tourist visa

by Mr. Florencio Leffler III Published 2 years ago Updated 2 years ago
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Yes, you can get married in the U.S. while on a B-1/B-2 tourist visa or a visa waiver program. However, coming to the U.S. as a visitor with the sole purpose of getting married and then filing for adjustment of status is considered fraud.Jan 12, 2021

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 marry someone on a visitor visa?

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.

Can you apply for a fiancé 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.

How do I marry a non U.S. 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 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.

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 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.

Can I get married on a b1 B2 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. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.

How long does a fiancé visa take?

6 to 9 monthsThe exact K-1 fiancé processing times can vary, but many applicants are able to enter the United States within 6 to 9 months. There are multiple steps and the process is handled by multiple agencies from (USCIS) to the National Visa Center to the U.S. Department of State.

Can you apply for a green card while on a tourist visa?

U.S. immigration law allows immigrants on tourist visas to petition for an “Adjustment of Status” from their visitor visa to a green card, but the foreign spouse must meet certain eligibility criteria to do so.

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.

Can I get married on a b1 B2 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. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.

How long does a marriage visa take?

Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouse's home country, but the typical time is around 24 months.

Can I be deported if I am married to a U.S. 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.

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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 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 ...

What to ask for a copy of my passport?

Please get a copy of the passport with all stamps inside of it, and ask about the immigration history, particularly the most recent entry and what happened at the border check coming in. Give us a call and we can discuss options.

Can a foreigner marry a US citizen?

Yes, a foreigner can marry in the U.S. Most states allow a foreign fiancee to marry even if they entered the U.S. illegally. Everyone should normally be able to marry in the state in which he or she resides, regardless of immigration status. There are always neighboring states, or even Las Vegas, if you live in a state that does not allow you to marry a foreigner who is not legal in the U.S.

Can I Marry in the US with a tourist visa?

In most cases, it is possible for a foreigner to marry in the US while on a tourist visa, and then remain in the US to obtain a green card. There are various types of visas that are more problematic. Each case is different.

What is a visa for a foreigner?

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.

How long does a passport need to be valid for a visa interview?

Gather and prepare the following required documents before your visa interview: Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ).

What happens after a visa interview?

After your visa interview, the consular officer may determine that your application requires further administrative processing. The consular officer will inform you if this required.

What happens if you fail to leave the US on time?

Failure to depart the United States on time will result in being out of status. Under U.S. law, visas of individuals who are out of status are automatically voided ( Section 222 (g) of the Immigration and Nationality Act ). Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States.

Where to schedule a visa interview?

You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live.

Can a visa be voided?

Under U.S. law, visas of individuals who are out of status are automatically voided ( Section 222 (g) of the Immigration and Nationality Act ). Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States.

Do you need an interview for a visa?

Interviews are generally required for visa applicants with certain limited exceptions below. Consular officers may require an interview of any visa applicant.

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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 ...
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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 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…
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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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Things to Remember When Getting Married in The U.S. on A Tourist Visa

  • Tourists are allowed to get married in the U.S. on a B-2 visa. However, there are few things to remember to avoid any violation of laws.
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Reasons For Denial of Status Change

  • A marriage green card application might take 10 to 38 months to get approved. However, there are chances for the denial of your application. Some of the reasons for denial of your application can be: 1. Lack of evidence 2. Ill health of the applicant 3. Criminal history If your application is denied due to any violation of laws, then you might face severe charges. This can also result in d…
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FAQs – Marry in The U.S. on A Tourist Visa

  • 1. Can I travel to the U.S. solely for getting married?
    Yes, you can. However, using your tourist visa to get married in the U.S. can be perceived as your intention to stay permanently in the U.S.
  • 2. Can I apply for the marriage-based Green Card?
    Yes, you can apply for a marriage-based Green Card. However, there is no guarantee that your Green Card will get approved. It is best to consult an attorney to follow the correct process.
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