Can I get married on a tourist visa and apply later?
If you plan to visit the United States on a tourist visa with the intention of getting married and applying afterward for an adjustment of immigration status later might seem like a reasonable way of sidestepping complicated paperwork. This approach is fraught with pitfalls and we do not recommend it.
Is it possible to get married without a visa?
But that doesn't mean this is a risk-free strategy. If you haven't yet applied for the visa, and your marriage is to a U.S. citizen or lawful permanent resident, you may have an uphill battle convincing the officer at the U.S. consulate that all you want to do is get married and then leave.
Can you get married on a B1 B2 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 change my visa status if I get married?
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 spontaneous decision. Convincing the immigration officials that the marriage was not intentional and persuading them to allow a change of status is difficult, but not impossible.
Is it illegal to get married on a tourist visa?
Getting Married on a Tourist Visa 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.
Can you marry someone with visa?
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 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.
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.
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 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 you stay in the U.S. 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 fiance 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.
How can I convert my U.S. visitor visa to green card?
For those who want to file an adjustment of status application (Form I-485) from a visitor visa to a green card, your first step should be to consult with an immigration attorney so that we can determine whether you fit the criteria to adjust your status while in the U.S. on a tourist visa.
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 is a visitor visa good for?
Tourist or business travelers who are citizens of participating countries may be eligible to visit the United States without a visa. Visits must be 90 days or less, and travelers must meet all requirements.
How long can you stay in the US with 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.
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 get married on a student visa in the US?
Students with F-1 Visa F1 Visa holders can marry while in school and apply for a Change of Status without seeking a waiver. Under such circumstances, the foreign student will most likely be able to remain in the United States.
How do you marry someone who is not a U.S. citizen?
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 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 do CBP officers ask you when you arrive on a tourist visa?
When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will ask you the purpose of your travel to the US. You should always be honest and answer all the questions truthfully.
How long does it take to get a visa if you have misrepresented your intentions?
1. Within 30 days of entry, the person is presumed to have misrepresented his/her intentions at the visa interview. 2. Between 30 and 60 days of entry, there is no presumption of misrepresentation, but the burden is on the applicant to prove that there was no misrepresentation. 3.
What happens if you violate the immigration laws?
If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is proven, you will face serious consequences. At the very least, you will have to return to your home country. Worse still, you may receive a lifetime ban from reentering the US, a ban that may be extremely difficult to overcome.
What is the most important thing to prove to USCIS?
1. The Marriage Must Be In Good Faith. One of the most important things that you must prove to USCIS is that your marriage was entered in good faith. If USCIS determines that the marriage was entered into only for purpose of gaining immigration benefits, they will deny the application.
Did Joseph get married?
Joseph had no preconceived intention of getting married while he was in the US on a tourist visa, and the marriage was entered in good faith. Joseph consulted an immigration attorney and filed for adjustment of status successfully.
Is the B-1 visa tough?
The US [B-1] Visa has always been a tough ride, and being denied a few times it makes it even worse. But thanks to Visa pro and their meticulous processing I was granted a Visa. I would like to thank you and all the people involved in making this a success. I would like to recommend Visapro to all those who seek peace of mind and hassle free Visa processing.”
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.
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 ...
Can a foreigner get a K-1 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. If the foreigner has any children, they may travel to the United States with a K-2 visa.
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.
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.
Getting Married on a Tourist Visa
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.
Adjusting Status After Getting Married
To adjust your status after getting married on a tourist visa, you would need to prove that you got married in good faith. There is also a 30/60 day rule that makes it challenging to apply for a change of status or marriage-based adjustment status within 60 days of arriving in the U.S. The U.S.
What If My Adjustment of Status Is Denied?
There is a possibility that your adjustment status can get denied even after you’ve married a U.S. citizen. One of the most common reasons for denial is the lack of evidence that the marriage is bona fide. Another reason is that you entered with a preconceived intent to marry and remain in the U.S.
Can you get married on a Visitor or Tourist visa?
Yes. You may enter the U.S. on a visitor visa, marry a U.S. citizen then return home before your visa expires. Where you run into trouble is if you enter on a visitor visa with the intention of marrying and staying in the U.S.
Things you should know before getting married in the U.S. on a tourist visa
1. Border protection officials are paying attention. When the foreigner arrives at the port-of-entry, they will be asked for the purpose of their travel. You should always be upfront and honest with border protection officials.
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.”.
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.
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.
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.
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.
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.
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 ...
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 without having to leave the United Stat…
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 …
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...
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.
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…
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…
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…
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…
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.