Can I get married on a tourist visa?
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.
Can a foreigner get married in the US?
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.
Can I Marry my fiancé (e) as a tourist?
The Department of State (DOS) and United States Citizenship and Immigration Services (USCIS) assume that intent to marry a U.S. citizen is the same as intent to immigrate. If your fiancé (e) enters the U.S. as a tourist, without disclosing that they are engaged to you and/or intend to marry you, they have committed visa fraud.
How to bring a foreign fiance to the United States?
Visas for Fiancé (e)s of U.S. Citizens. If you are a U.S. citizen who wants to bring your foreign fiancé (e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé (e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé (e). The K-1 nonimmigrant visa is also known as ...
Can I marry my fiancé on a 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. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.
What happens if I marry a tourist?
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 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.
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.
What happens when you marry a foreigner?
The foreign partner applying for the fiancé visa must marry their U.S. citizen partner within 90 days of entering the United States, or they will be forced to leave the country. After marrying in the United States, you will file Form I-485, which will require biometrics and possibly an interview.
Can you stay in the U.S. if you marry a 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. uscis.
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.
Is it easy to marry a foreigner?
Marrying a non-citizen can be complicated, but working with a good immigration attorney can make it easier. If you can't afford the attorney fees and don't want to handle your spouse's green card case alone, we may be able to help.
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 ...
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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 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 does a fiancee visa last?
The Fiancee Visa allows a 90-day stay, so that by the end of 90 days, you either have to leave the USA or get a status change. Have your boyfriend line up your US immigration lawyer well before you travel, so that you know what documents to bring. The Fiancee Visa may be easier and quicker to get.
Can I marry a foreigner in the USA?
The answer is yes. However it can be a bit of a grey area. I am going to get married next month to a foreigner in the USA. My immigration attorney told me that I could do this but sort of stressed to not bring it up as the main point of going to the USA.
Can I get married before filing an I-130?
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. This is an alternative to filing a form I-129 for a K-1 “Fiancee” visa and waiting until you arrive in the USA to get married.
What is the first advice for a marriage?
The first advice is to be honest. Don’t do anything that resembles a marriage ceremony. Remember, it’s a subjective rule. Ask yourself, “what’s considered a significant ceremony in my fiance’s country?”
Can you do small ceremonies?
You MUST NOT do that. But, some small ceremonies are acceptable.
Can I withdraw my spousal petition?
You must formally withdraw the petition. Then refile your case for spousal instead. Your future option is to file the I-130.
Is a marriage ceremony considered a legal marriage?
Even if a ceremony is not considered a legal marriage, it may not be allowed depending on its social significance. Meaning if it’s significant enough, the US Embassy may view this as a legal marriage even though it’s not an official marriage.
Can a civil ceremony be legal in France?
In other nations, only a civil ceremony will be legally recognized. . . Example: In France, only a civil Ceremony is legally recognized. A religious ceremony does not constitute a legal marriage.
Does the US recognize marriage as valid?
The US Department of State will recognize a marriage as valid if it’s considered legal in the host country.
Can a married couple get into trouble on a K-1 visa?
You might be tempted to ignore the rules and risk it all. There are going to be two potential times a married K-1 visa couple will get into trouble.
What happens if you marry your fiancé after 90 days?
This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits. However, if you marry your fiancé (e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative.
Who notifies you when the visa interview for your fiancé (e) is scheduled?
The U.S. Embassy or consulate notifies you when the visa interview for your fiancé (e) is scheduled.
What is the form for alien fiancé?
You file Form I-129F, Petition for Alien Fiancé (e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé (e).
What form do I need to get married?
If you are a U.S. citizen who wants to bring your foreign fiancé (e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé (e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé (e). The K-1 nonimmigrant visa is also known as a fiancé (e) visa.
How long is a fiancé's work authorization valid?
In this case, your fiancé (e)’s work authorization is valid for only 90 days after his or her entry into the U.S. Your fiancé (e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé (e) can file Form I-765 together with the Form I-485.
How long does it take to get a green card if you are married?
If your fiancé (e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card). If you have already married, plan to marry outside the United States, or your fiancé (e) is already residing legally in the United States, ...
Who determines if a fiancé qualifies for a K-1 visa?
The DOS consular officer determines whether your fiancé (e) qualifies for the K-1 nonimmigrant visa.
What is the purpose of a B-1 visa?
The stated purpose of a B-1 visit is temporary business and the B-2 temporary leisure. By entering the United States with the preconceived intent to marry and then adjust status to permanent resident, a foreign national has violated the terms of the visa. This can potentially result in a denied application for a green card.
What is a K-1 visa?
The K-1 visa is designed specifically for the purpose of coming to the United States for marriage to a U.S. citizen fiancé. If this is the purpose of the trip, the K-1 is best way to put the foreign national in a position to adjust of status to permanent resident and avoid future problems.
How to obtain the fiancé visa?
The process and subsequent obtaining of the K-1 visa for the United States includes the following requirements:
What is the K-1 fiancé visa?
The K-1 visa is used by the fiancé (e) to enter the USA to marry a U.S. citizen. The period of time established by law to carry out the marriage is 90 days maximum.
How to notify USCIS of a K-1 visa?
If the applicant is moving it is important that they notify USCIS by phone 1-800-375-5283 or by email.
What questions are asked in a K1 visa interview?
Some of the most frequently asked questions in the K1 visa interview are whether you have been married before and where you live. Also if the applicant has been convicted or prosecuted for a crime.
How to verify a K-1 visa?
The processing time of the fiancé K-1 visa can be verified in the letter that the Citizenship and Immigration Service (USCIS) sends to the applicant. That is after the agency receives the request and reports having received the documents sent by the embassy.
What is a K-1 visa?
The K-1 visa is one of the most requested types of American non-immigrant visas.
How much is the K1 visa fee?
Complete and file Form I-129F and pay the filing fee of $ 535. The K1 visa application form can be paid by check or money order made out to: Department of Homeland Security. If you do it by credit card, you must fill out form G-1450.
Introduction
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 …
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…
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 with...
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 …
Gray Areas Aren't Generally The Government's Forte.
Intent Is What Really matters.
The Potential Consequences of Doing It Wrong Are serious.
Tourism Is Kind of specific.
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 re...